Officer Report

Application No.: 14/00785/B Applicant: Callin Developments Ltd Proposal: Installation of replacement windows to front and side elevations Site Address: Clifton 9 Drury Terrace Douglas Isle Of Man IM2 3HY ## Case Officer : Mr Trevor Wilson Photo Taken: 23.07.2014 Site Visit: 23.07.2014 Expected Decision Level: Officer Delegation

Officer’s Report APPLICATION SITE

• 1. The application site is No. 9, Drury Terrace, Douglas. The site is located on the upper corner of a terrace of traditional period two storey Victorian dwellings on Ballaquayle Road adjacent to Waverley Road/Terrace. Occupying the corner plot, number 9 is a dominant element to the terrace as it extends into Waverley Road.
• 2. The site lies within the Ballaquayle Road Conservation Area as designated in August 2003. THE PROPOSAL
• 3. The application seeks planning approval for the removal of the original single glazed sliding sashes to the front and side elevations (in part) in favour of replacing them with Upvc woodgrain effect double glazed casements to match those currently employed in the rear outlet. PLANNING HISTORY
• 4. 98/00235/B Installation of replacement windows to rear elevation. PERMITTED
• 5. 14/00788/B proposes the removal of chimney stacks at the application property. PLANNING POLICY
• 6. The Douglas Local Plan 1998 identifies the area as being predominantly residential. As such the following policies in the Isle of Man Strategic Plan 2007 are considered relevant: General Policy 2:

'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.'

• 7. Policy CA/2 of Planning Policy Statement 1/01 "Conservation of the Historic Environment" is relevant. It places emphasis on the need to consider the impact of development proposals upon the special character of the Conservation Area.

Environmental Policy 35 of the Isle of Man Strategic Plan 2007 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.'

• 7. Policy CA/2 of Planning Policy Statement 1/01 "Conservation of the Historic Environment" is relevant. It places emphasis on the need to consider the impact of development proposals upon the special character of the Conservation Area.
• 8. Windows Policy 1/98 Category b) BUILDINGS IN CONSERVATION AREAS '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 originals. Whatever the materials 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 the originals, but not necessarily the original method of opening, whatever the material used in the construction'.

REPRESENTATIONS

• 8. Douglas Borough Council - no objection. ASSESSMENT
• 9. Drury Terrace is a highly prominent row of mid Victorian two storey properties which are notable for the retention of period features, notably their mixture of square headed and bow headed timber sliding sash windows. In only one instance, number 1 Drury Terrace, has

• this uniformity been disrupted by the fitting of inappropriate windows which have not sufficiently replicated the originals.
• 10. Whilst Upvc casement windows have been fitted to the rear outlet of this property, and notably mid-rail 'awning' opening casements, these were permitted prior to the area in question being designated a Conservation Area. Furthermore, though located towards the side and rear of the property, the existing windows would not now meet the necessary criteria as outlined in the Windows Policy1/98 Category b, and therefore cannot be used as the basis for future replacement windows to the remainder of the property as cited in the agent's application.
• 11. Whilst timber sliding sash windows remain prevalent throughout both this property and the terrace as a whole, under the existing windows policy quoted, home owners may replace their existing timber windows in favour of Upvc windows provided the replacement windows replicate the original windows in all but material choice. (see Windows Policy 1/98 Category b) BUILDINGS IN CONSERVATION AREAS) It is therefore imperative that any replacement windows to the front and side elevations (both readily viewed from the public domain) authentically duplicate the 'bowed' head feature employed throughout the first floor levels. RECOMMENDATION
• 12. As the proposed replacement windows neither replicate the original opening method or the curved window head feature employed by the windows to the first floor, it is accordingly recommended that the application be refused. PARTY STATUS
• 13. In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.

Recommendation

Recommended Decision: Refused

Date of Recommendation:

28.08.2014

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

• N : Notes attached to conditions R : Reasons for refusal
• O : Notes attached to refusals

R 1.

The proposed top-opening casement windows do not match the opening style of those currently in place, which, being sliding sash, are appropriate for a prominent dwelling sat within a Conservation Area that almost in its entirely presents sliding sash windows. The application therefore conflicts with Planning Circular 1/98 and General Policy 2 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 /Head of Development Management/ Senior Planning Officer.

Decision Made : Refused Date : 01/09/14 Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed : Sarah Corlett Sarah Corlett Senior Planning Officer Signed :…………………………………….. Michael Gallagher Director of Planning and Building Control Signed :…………………………………….. Jennifer Chance Head of Development Management