33423

==== PAGE 1 ====

13 January 2015 14/01277/B Page 1 of 4 PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 14/01277/B Applicant : Mr Steinar Draegebo Proposal : Alterations, excavation works to create light well and store room and installation of replacement windows Site Address : 4 Windsor Terrace Douglas Isle Of Man IM1 3LU

Case Officer : Mr Chris Balmer Photo Taken : 02.12.2014 Site Visit : 02.12.2014 Expected Decision Level :

Officer Delegation

Officer’s Report

1.0 THE SITE 1.1 The application site is No. 4 Windsor Terrace, Douglas, which lies adjacent to Crellins Hill and the Manx Museum. The site comprises of a row of three storey early Victorian town houses displaying a mixture of original timber sliding sashes and later (pre-Conservation Area status) uPVC windows. Whilst the elevations backing directly onto Windsor Road are notable for their original period features, the front elevations overlooking St Thomas's church and the promenade are exceptional for their neoclassical columned facades and cast iron balconies, though not readily viewed from that perspective.

2.0 THE PROPOSAL 2.1 The application seeks approval for alterations, excavation works to create light well and store room to the front elevation and installation of replacement windows to the front and rear elevations. The replacement windows would be uPVC sliding sash windows which would replace the existing timber sliding sash windows.

3.0 PLANNING HISTORY 3.1 The application site has been the subject of two previous planning applications:

3.2 Removal of dormer and creation of a balcony - 08/00953/B - APPROVED

3.3 Installation of replacement windows / roof lights and creation of two additional windows - 08/02146/B - APPROVED

4.0 DEVELOPMENT PLAN POLICIES 4.1 The application site is within an area zoned as Residential identified on the Douglas Local Plan 1998. The site lies within the Upper Douglas, Windsor Road Conservation Area designated in 2003.

4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two polies that are considered specifically material to the assessment of this current planning application:

4.3 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;

==== PAGE 2 ====

13 January 2015 14/01277/B Page 2 of 4 (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."

4.4 Environmental 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".

4.5 Planning Circular 1/98 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 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.

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."

5.0 CONSULTATIONS 5.1 The owners/occupants of Nr 3 Windsor terrace have commented to the application which can be summarised as; no objection to proposal but concerned about overlooking from windows overlooking their yard; and no objection of windows where obscure glazed.

6.0 ASSESSMENT 6.1 The main issue to be considered in the assessment of this application is the impact of the proposed development upon the character and appearance of the Conservation Area and the individual property.

6.2 The Planning Authority has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2007). This policy indicates that development within Conservation Areas will only be permitted if they 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.

==== PAGE 3 ====

13 January 2015 14/01277/B Page 3 of 4 6.3 Regarding the proposed replacement windows, whilst it would be preferred to replace all the windows with timber sliding sash windows within Conservation Areas, it has been accepted by the Planning Authority that the method of opening is the most important aspect and the material is secondary. The majority of the existing windows are timber sliding sash and the proposal would replace these with uPVC sliding sash windows.

6.4 The applicant has indicated that the windows would be of a slim line design, to ensure the windows have the appearance of timber in there thickness. A condition should be attached which requires the external bars of the panelled window be external stuck.

6.5 The occupants of Nr 3 have indicated that the windows within the southern gable elevation should be obscure glazed. However, the proposal is no seeking permission for new apertures for new windows to be installed, but replacement windows. Accordingly, it is not considered appropriate for such a condition to be attached, as the new widows would have no more of an impact than the current situation. It is also noted that Nr 3 and other properties along Windsor Terrace have similar arrangement of windows. The likelihood is these were in place when the dwellings where originally built.

6.6 Overall, it is considered the replacement of the existing windows with uPVC sliding sash windows would preserve the Conservation Area and the individual property and therefore the proposal would comply with Environment Policy 35 of the Isle of Man Strategic Plan.

6.7 The alterations to the basement level are modest and replicate similar works undertaken at Nr 3. It is not consider the works have an impact upon private or public amenities.

6.8 To the east elevation (facing promenade) it is proposed to install new replacement timber French doors to the ground and first floor. The windows patterns would match the existing. There are no concerns with this proposal and again it is considered to comply with Environment Policy 35 of the Isle of Man Strategic Plan.

7.0 RECOMMENDATION 7.1 For the reasons given, the proposals is considered to comply with the relevant polices of the Strategic Plan and Planning Circular 1/98 and therefore recommended for an approval.

8.0 PARTY STATUS 8.1 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.

8.2 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application 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 owners/occupants of Nr 3 Windsor terrace

Recommendation

Recommended Decision:

Permitted

==== PAGE 4 ====

13 January 2015 14/01277/B Page 4 of 4

Date of Recommendation:

13.01.2015

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

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

C 2. For the avoidance of doubt, planning permission has only been granted for slim line (REHAU Heritage or similar) sliding sash windows to be installed to all windows (except dormer window) within the front, side and rear elevations of the building. Furthermore, the window pattern of each window is required to replicate the existing window patterns, which includes all Georgian glazing bars forming the window panels being externally stuck.

Reason: In the interest of the visual amenities of the individual building, the street scene and the Conservation Area

--

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 : Permitted Date : 13.01.2015 Determining officer (delete as appropriate)

Signed :... Chris Balmer

Senior Planning Officer

Signed :... Sarah Corlett

Senior Planning Officer

Signed :... Michael Gallagher

Director of Planning and Building Control

Signed : Jennifer Chance Jennifer Chance

Head of Development Management