Installation of replacement windows and doors to front, side and rear elevations
Site Address:
6 Marlborough Terrace Douglas Isle Of Man IM2 3QJ
Case Officer:
Mr A Holmes
Photo Taken:
Site Visit:
16.10.2012
Expected Decision Level:
Officer Delegation
The Application Site
The application site comprises the residential curtilage of an end terrace dwelling located on Marlborough Terrace, close to the junction of Alexander Drive and Primrose Avenue, in Douglas.
The Proposal
The proposal comprises the installation of replacement windows and doors in the front, side and rear elevations of the dwelling. It is proposed to install uPVC sliding sash windows in the front (southeast) and side (southwest) elevations, uPVC casement windows in the side (northeast) and rear (northwest) elevations, and a mix of replacement uPVC doors within the building.
Planning History
The application site has been the subject of a number of previous planning applications, two of which are considered specifically material to the assessment of this current planning application:
Planning application 08/00634/B sought planning approval for the installation of replacement windows. This previous planning application was refused on the 16th July 2008.
Planning application 08/00839/B sought planning approval for the installation of replacement windows and door and window alterations to rear elevation. This previous planning application was approved on the 29th July 2008.
Planning Policy
In terms of land use designation the application site is located within a wider area of land that is designated as predominantly residential use under the Isle of Man Planning Scheme (Douglas Local Plan) Order 1998.
The application site is located within the Douglas (Selbourne Drive) Conservation Area.
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning application. General Policy 2 states:
"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
(a) is in accordance with the design brief in the Area Plan where there is such a brief;
(b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
(c) does not affect adversely the character of the surrounding landscape or townscape;
(d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
(e) does not affect adversely public views of the sea;
(f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
(g) does not affect adversely the amenity of local residents or the character of the locality;
(h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
(i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
(j) can be provided with all necessary services;
(k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
(l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
(m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
(n) is designed having due regard to best practice in reducing energy consumption."
Environment Policy 35 states:
"Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
Planning Circular 1/98 sets out the Department's policy for of the alteration and replacement of windows. In respect of buildings within Conservation Areas it states:
"If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be readily visible from a public thoroughfare MUST HAVE THE SAME method of opening as the original. Whatever the material used in their construction, the windows MUST HAVE THE SAME pattern and section of glazing bars and the same frame sections as the original windows.
Windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as originals, but not necessarily the original method of opening, whatever the material to be used in the construction."
REPRESENTATIONS
Douglas Borough Council has no objections to the planning application.
The owner and/or occupant of 10 Selbourne Road, which is located approximately 130 metres east of the application site, object to the proposed replacement windows and doors and in particular the loss of the existing coloured glass and special window frame geometry.
ASSESSMENT
The planning application comprises of two elements, the installation of replacement windows and the installation of replacement doors.
In terms of replacement windows the proposal can be divided into the installation of sliding sash windows within readily visible elevations and the installation of casement windows within the remaining elevations. As highlighted earlier in this report the application site is located within a Conservation Area. The policy for the alteration and replacement of windows in buildings located in Conservation Areas is set out within Planning Circular 1/98. Under this, where replacement windows are allowed, any that are readily visible from a public thoroughfare must have the same method of opening as the original and, whatever the material used in their construction, must have the same pattern and section of glazing bars and the same frame sections as the original windows. Given the position of the dwelling the windows within the front (southeast) and side (southwest) elevations are readily visible from a public thoroughfare. Whilst the policy allows the use of uPVC and the proposed method of opening (sliding sash) is the same as the original the proposed replacement windows do not have the same pattern and section of glazing bars. Specifically, the proposed replacement windows do not include the six smaller insets found at
the top of the existing windows. The failure to include these means that the proposed replacement windows do not accord with the relevant provisions of Planning Circular 1/98. This existing feature is an attractive element within the overall character of the dwelling. Their proposed loss within the replacement windows fails to preserve or enhance the character of the Conservation Area. The proposal is contrary to the provisions of Planning Circular 1/98 and Environment Policy 35 of the Isle of Man Strategic Plan 2007.
The remaining proposed replacement windows, within the side (northeast) and rear (northwest) elevations, that are proposed to be uPVC casement windows are not readily visible from a public thoroughfare. Under the provisions of Planning Circular 1/98, such windows must have the same or similar pattern of glazing bars as originals, but not necessarily the original method of opening, whatever the material to be used in construction. Whilst the opening method does not match the original windows the proposed windows do have a similar pattern of glazing bars as the originals. As such, this element of the proposal accords with the provisions of Planning Circular 1/98 and is therefore acceptable.
As for the installation of replacement doors there is no direct policy covering this. It is therefore a case of considering the general acceptability of proposed replacements and how they would affect the character and appearance of the Conservation Area. In terms of this the proposed replacement door on the front (southeast) elevation is the only one that would be readily visible. Whilst the replacement door is uPVC the chosen design is suitably traditional and the impact on the character and appearance of the Conservation Area is concluded to be acceptable. The other proposed replacement doors are not readily visible and are considered acceptable.
Recommendation
It is recommended that the planning application be refused.
Party Status
It is considered that the following parties that made representations to the planning application should be afforded interested party status:
Douglas Borough Council.
It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
The owner and/or occupant of 10 Selbourne Road (too distant from application site).
Recommendation
Recommended Decision: Refused
Date of Recommendation: 22.10.2012
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approvalN : Notes attached to conditionsR : Reasons for refusalO : Notes attached to refusals
R 1.
Whilst the proposed replacement windows within the front (southeast) and side (southwest) elevations have the same method of opening as the original windows they do not have the same pattern and
section of glazing bars as the original windows. Specifically, the proposed replacement windows do not include the six smaller insets found at the top of the existing windows. The failure to include these means that the proposed replacement windows do not accord with the relevant provisions of Planning Circular 1/98. This existing feature is an attractive element within the overall character of the dwelling. Their loss within the replacement windows fails to preserve or enhance the character of the Conservation Area and is contrary to the provisions of Planning Circular 1/98 and Environment Policy 35 of the Isle of Man Strategic Plan 2007.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made : Refused Date : 24.10.10
Determining officer (delete as appropriate)
Signed : ... Anthony Holmes Senior Planning Officer
Signed : ... Michael Gallagher Director of Planning and Building Control
Signed : ... Sarah Corlett Senior Planning Officer
Signed : ... Jennifer Chance Development Control Manager
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