Planning Officer Report Recommendations

Case Officer: Miss S E Corlett Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

Officer's Report

The Application Site

1. The application site is the residential curtilage of an end of terrace dwelling located on Marlborough Terrace, close to the junction of Alexander Drive and Primrose Avenue, in Douglas.

The Proposal

1. Proposed is the installation of replacement windows and doors in the front, side and rear elevations of the dwelling. It is proposed to install uPVC framed sliding sash windows in the front (southeast) and side (southwest) elevations, uPVC framed casement windows in the side (northeast) and rear (northwest) elevations, and a mix of replacement uPVC doors within the building. The existing windows are fitted with coloured glass and several of the windows have an unusual subdivision of the top sash with a clear lower half and coloured upper half. It is proposed to replicate this.

Planning History

1. The application site has been the subject of a number of previous planning applications, three of which are considered specifically material to the assessment of this current planning application:

1. 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.

1. 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.

1. PA 12/1298 proposed replacement windows which were sliding sash on the front but not replicating the coloured glass or glazing pattern. This was refused for this reason.

Planning Policy

1. In terms of land use designation the application site is located within a wider area of land that is designated as Predominantly Residential use on the Isle of Man Planning Scheme

Application No.:	12/01498/B
Applicant:	Mr Edward Ramshaw
Proposal:	Installation of replacement doors and windows to dwelling
Site Address:	6 Marlborough Terrace Douglas Isle Of Man IM2 3QJ

(Douglas Local Plan) Order 1998. The application site is located within the Douglas (Selbourne Drive) Conservation Area.

1. 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:

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

1. 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."

1. 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

1. Douglas Borough Council has no objections to the planning application.

ASSESSMENT

1. The planning application comprises of two elements, the installation of replacement windows and the installation of replacement doors.

1. 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 will now

have the same pattern and section of glazing bars. Specifically, the proposed replacement windows will include the six smaller insets found at the top of the existing windows. As such this means that the proposed replacement windows do accord with the relevant provisions of Planning Circular 1/98. This existing feature is an attractive element within the overall character of the dwelling and as such the proposal is in accordance with the provisions of Planning Circular 1/98 and Environment Policy 35 of the Isle of Man Strategic Plan 2007.

1. The remaining proposed replacement windows, within the side (northeast) and rear (northwest) elevations, that are proposed to be uPVC framed 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.

1. 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

1. It is recommended that the planning application be permitted.

Party Status

1. It is considered that the following parties that made representations to the planning application should be afforded interested party status:

Douglas Borough Council.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 11.12.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1.

The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2.

This approval relates to the replacement of windows as shown in drawings 12-J043-01 O, 12-J043-02 O, 12-043-03 1 and the supporting technical information all received on 7th November, 2012.

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 : Permitted Date : 11/12/12

Determining officer (delete as appropriate)

Signed : G. H. Bann 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