The application site comprises the curtilage of a four storey mid-terrace property located on the northern side of Derby Road in Douglas. It is understood that the property is sub-divided into six holiday flats.
The Proposal
The proposal comprises the installation of replacement windows and doors throughout the property. Based on the submission it is understood that the planning application proposes the replacement of wooden sliding sash windows with uPVC casement windows. The front and rear doors are proposed to be replaced with uPVC doors.
Planning History
The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.
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 a Conservation Area.
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are 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;
(I) 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." 8. 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." 9. 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
To date no representations have been received.
Assessment
The planning application seeks planning approval for the installation of replacement windows and doors throughout the property. As stated earlier, existing wooden sliding sash windows are proposed to be replaced with uPVC casement windows and two external wooden doors are proposed to be replaced with uPVC doors.
The key issue in the consideration of the proposal is the impact on the Conservation Area, whether the proposal would satisfactorily preserve or enhance the character or appearance of that Conservation Area. In terms of that it is necessary to pay particular regard to Environment Policy 35 of the Isle of Man Strategic Plan 2007 and the relevant guidance contained within Planning Circular 1/98. Whilst there have been some non siding sash replacement windows the majority of properties within the surrounding area retain sliding sash windows.
The guidance on replacement windows within Conservation Areas set out within Planning Circular 1 / 98 is clear. A number of the windows proposed by this planning application do not meet those requirements. Specifically, whilst the use of uPVC is acceptable and the glazing pattern is essentially the same the proposed windows within the front elevation, which is readily visible from a public thoroughfare, do not have the same method of opening as the original. That contradiction of Planning Circular 1/98 is concluded to neither preserve nor enhance the character or appearance of the Conservation Area. As such, the proposal therefore fails to satisfy the provisions of Environment Policy 35 of the Isle of Man Strategic Plan 2007. That is reason for refusal of the planning application. The proposed replacement windows within the rear elevation, which is not readily visible from public thoroughfare, are concluded to accord with the relevant provisions of Planning Circular 1/98 as the use of uPVC in this location is acceptable, the glazing pattern is acceptably similar to the originals and the method of opening is acceptable.
In respect of the replacement doors it is considered that the proposed rear door is acceptable on the basis that it will not be readily visible and therefore the character or appearance of the Conservation Area is acceptably preserved. The proposed replacement front door would be readily visible. Whilst a uPVC door is not traditional in terms of material it is accepted that the surrounding area contains a number of non-traditional replacement doors. The impact of the replacement front door on the character or appearance of the Conservation Area is not concluded to be as harmful as that of the replacement windows. As such, the proposed replacement doors are concluded to be acceptable.
Recommendation
It is recommended that the planning application be refused.
Recommended Decision: Refused Date of Recommendation: 11.03.2013
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
R 1.
Whilst the proposed replacement doors and proposed replacement windows within the rear elevation of the property are acceptable the proposed replacement windows within the front elevation would be harmful to the character and appearance of the Conservation Area within which the application site is located. Specifically, although the use of uPVC is acceptable and the glazing patterns are essentially the same the proposed windows within the front elevation, which is readily visible from a public thoroughfare, do not have the same method of opening as the original windows. That is contrary to the provisions of Planning Circular 1/98 in respect of replacement windows within Conservation Areas, which requires the method of opening to be the same as the originals. The proposal fails to preserve or enhance the character or appearance of the Conservation Area. As such, the proposal is contrary to the provisions of 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 : 12-7-13
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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