221486

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                                                 25/90502/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 25/90502/B Applicant : Mr Samuel Prince Proposal : Installation of replacement windows (amendments to 24/00739/B) Site Address : 33 Albany Road Douglas Isle Of Man IM2 3NE

Principal Planning Officer: Belinda Fettis Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 16.06.2025 __

Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions

C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason. Although contrary to Planning Circular 1/98 by virtue of the changed method of opening, the proposal replicates the key detail of the original windows and would therefore protect and preserve the Selbourne Drive Conservation Area. As such the proposal meets the test of Section 18(4) of the Town and Country Act (1999) and Planning Policy Statement 1/01.

The proposal accords with the aims and objectives of Environment Policy 35 and General Policy 2 of the Isle of Man Strategic Plan 2016 and the Design Guide.

Plans/Drawings/Information;

This decision relates to the following detail, plans and drawings received on the 19th of May 2025;

o Location Plan o Site Plan o Covering Letter o Existing window photographs o Numbered window photographs o Window proposal

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                                                 25/90502/B
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Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal:

o Douglas Corporation - No objection

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Officer’s Report

THE SITE

1.1. The site relates to no.33 Albany Road, Douglas, a detached house located on south of the junction of Albany Road and Selbourne Drive. The property is set back from each highway with a front garden; a low level wall runs along the Selbourne Drive and Albany Road boundaries.

1.2. The dwelling has an L-shaped layout around the corner with a mixed hipped and pitched roof arrangement. The dwelling is mostly finished in smooth painted render with some stone cladding detail around windows and doors and across the base. There is an uPVC conservatory at the rear elevation.

1.3. All windows are timber framed and installed with detailed lead glazing. On the elevations that faces the roads, the windows comprise a mix of fixed and top third opening casements. There are two curved bay windows on each elevation comprising 6 timber frames and openings. There are two doors into the property both mostly solid in their appearance with small single glazing panel to the top.

THE PROPOSAL

2.1. This application is for the installation of replacement windows, replacing original timber windows for uPVC windows. This application is an amendment to the recently approved planning application (PA) 24/00739/B. The amended detail is that of a reduction in the number of openings is proposed.

o The following documents are submitted in support of the proposal the applicant has submitted a covering letter, numbered window photographs and details of the proposed windows.

PLANNING POLICY

3.1. The site is within an area designated by the Isle of Man Strategic Plan in the Area Plan for the East as Predominantly Residential. It is not a registered building, but it is within the Selbourne Drive Conservation Area. Therefore the following Policies and documents from the Isle of Man Strategic Plan 2016 are considered to be relevant in the determination of this application.

3.2. Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced.

3.3. Strategic Policy 4: Proposals for development must protect or enhance the fabric and setting of buildings within a Conservation Area.

3.4. Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.

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3.5. Environment Policy 35 states that 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.

3.6. General Policy 2 of the Strategic Plan requires 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 meets the relevant criteria (a) to (n) of which the following are considered pertinent to this assessment:

(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; and

(g) does not affect adversely the amenity of local residents or the character of the locality.

Other Material Considerations

4.1. Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act".

4.2. Planning Policy Statement 1/01 states that 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.

4.3. Planning Circular 1/98; The alteration and replacement of windows, the policy for Category B 'buildings in conservation areas' states, ''If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be visible from a public thoroughfare MUST HAVE THE SAME method of opening as the originals. 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'.

4.4. The Residential Design Guide provides guidance on all aspects of design including architectural guidance (Chapter 5) to ensure retention of the existing character of a building that includes attention to detail of scale, position, symmetry, glazing, materials and texture, and consideration of the impacts upon residential amenity.

PLANNING HISTORY

5.1. 24/00739/B - Installation of replacement windows. Permitted.

5.2. 23/01391/B - Replacement of existing single pane, timber frame with UPVC double glazing. Refused. Reason: 'The replacement windows will detract the character of the Conservation Area.'

5.3. 20/00822/B - Installation of replacement windows and doors. Refused: Reason: "The proposed windows by reason of the material, opening methods and pattern neither preserve or enhance the character and appearance of the streetscene or the surrounding Conservation Area and consequently fail Environment Policy 35, General Policy 2 (b, c and g) and Planning Circular 1/98."

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5.4. PA 23/01269/B - Installation of three replacement windows to rear elevation. Permitted.

REPRESENTATIONS

6.1. Below is a summary of the representations received; they can be found in full online.

6.2. Local authority

6.2.1. Douglas Borough Council - No objection (02.06.2025).

6.3. Statutory consultees

6.3.1. Highways Services - no comments received.

6.3.2. Manx National Heritage - no comments received.

6.3.3. Registered Buildings - no comments received.

6.3.4. Manx Utilities - no comments received.

ASSESSMENT

7.1. Given the land designations, in accordance with Section 18(4) of the Town and Country Act (1999) special attention is given to assessing whether the proposal preserves and or enhances the Conservation Area. As part of that assessment Planning Circular 1/98 and Planning Policy Statement 1/01 are applicable, as are the aforementioned Policies.

7.2. Approval was given under PA 24/00739/B to replace the timber windows with uPVC windows. In this proposal the material is not proposed different to that approved, therefore the material is not an issue for consideration.

7.3. The existing lead window pattern will be replicated. This proposal seeks to change the method of opening within the frame from one small top opener, as exists, to a side opening for the full length of the window. As such the proposal is contrary to Planning Circular 1/98 which states that windows must have the same method of opening as the original.

Conservation Area Statutory Test

7.4. Prevalent throughout the Conservation Area is the influence of the Arts and Craft movement which is highlighted within the Conservation Character Appraisal. The existing windows reflect the Arts and Craft period and form a significant and key feature of the existing property linking it with the character of the surrounding area

7.5. Although the proposal does not replicate the openings it does replicate the lead pattern. Loss of the pattern under PA 23/01391/B was a reason for refusal. It was accepted under PA 23/01391/B that in allowing uPVC frames some of the pattern would be lost due to the thickness of uPVC frames. In this proposal, loss of the small upper windows will allow for the pattern to be seen in full.

7.6. It is considered that the proposal would preserve the Conservation Area and so meet the test of Section 18(4) of the Town and Country Act (1999). The proposal would ensure that the individual character of the locality would be preserved and so the proposal accords with the aims and objectives of Strategic Policy 3 and 4 and Environment Policy 35 and General Policy 2 (b), (c), and (g).

7.7. Planning Balance

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7.8. The preference for any historic feature is restoration or replacement with the same materials and same openings. However when this is not achievable consideration is given to lessening any harmful impact.

7.9. Although the proposal is contrary to Planning Circular 1/98 it accords with Planning Policy Statement 1/01. As stated at paragraph 7.5 of the report under PA 24/00739/B, a standout feature of this 'L' shaped Arts and Crafts dwellinghouse are the detailed multifaceted lead windows. Loss of the original windows is regrettable but already accepted under PA 24/00739/B; And within that report it was acknowledged that the use of uPVC would diminish the visual of the pattern due to the thickness of the horizontal bar associated with the small top opening windows.

7.10. Loss of the upper horizontal bar would result in a full pane of glass with an uninterrupted view of the Arts and Crafts pattern design. Although some harm is caused by the loss of the original feature of the openings, it is considered that the proposal would cause less than substantial harm, and because the crucial pattern is replicated, overall this proposal will preserve the character of the building and the Conservation Area.

CONCLUSION

8.1. The proposed change of opening would not cause adverse harm and because the key characteristic of the pattern is replicated, the planning balance is weighted, meeting Planning Policy Statement 1/01 and the test of s18(4) of the Town and Country Act (1999). The proposal would retain the key characteristic of the site and so accord with the aims and objectives of Strategic Policy 3 and 4 and Environment Policy 35 and General Policy 2 (b), (c), and (g) of the Strategic Plan (2016).

9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.

9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.

9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.

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I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made : Permitted

Date: 16.06.2025

Determining Officer

Signed : C BALMER

Chris Balmer

Principal Planner

Customer note

This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/ customers and archive record.