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23/01391/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/01391/B Applicant : Mr Samuel Prince Proposal : Replacement of existing single pane, timber frame with upvc double glazing Site Address : Dorian 33 Albany Road Douglas Isle Of Man IM2 3NE
Planning Officer: Mr Peiran Shen Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 08.03.2024 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The replacement windows will detract the character of the Conservation Area.
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Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The site is the 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 Selborne 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.
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There are two doors into the property both mostly solid in their appearance with small single glazing panel to the top.
2.0 THE PROPOSAL 2.1 The proposed is replacing all windows on the front elevation with uPVC windows. There will be no lead details remaining. There will also be new side casement in many windows.
3.0 PLANNING HISTORY 3.1 Installation of replacement windows and doors was REFUSED under PA 20/00822/B. The reason for refusal states: "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."
3.2 Installation of three replacement windows to rear elevation was submitted under PA 23/01269/B. This application deals with the rear elevation windows while the current application deals with the front elevation windows.
4.0 PLANNING POLICY Site Specific 4.1 The site is within an area designated as Predominantly Residential in the Area Plan for the East.
4.2 The site is within the Selbourne Drive Conservation Area.
Strategic Policy 4.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: o Strategic Policy 4(a) o General Policy 2 (b) (c) (g) o Environment Policy 35
PPS and NPD 4.4 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS at the moment. It provides supplementary policy on developments within any conservation area.
4.5 Planning Circular 1/98 - The Alteration and Replacement of Windows Set
5.0 OTHER MATERIAL CONSIDERATIONS Legislation 5.1 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". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 7.
Strategy and Guidance 5.2 The Residential Design Guide (July 2021) contains the following policies that are considered materially relevant to the assessment of this current planning application: o Chapter 5 Architectural Details
6.0 REPRESENTATIONS 6.1 Douglas Borough Council has no objection to this application. (08.12.2023).
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6.2 DoI Highway Services states there is no highway interest in this application (08.12.2023).
7.0 ASSESSMENT Conservation Areas Statutory Test 7.1 Before assessing elements of the proposal, as it is within a Conservation Area, a test should be applied to this proposal as mentioned in 5.1. This is whether the proposal would preserve or enhance the character of the Conservation Area.
Character Assessment 7.2 The dwellings in the Selborne area are mostly two storey late Victorian/Edwardian properties with some features of repetition such as the use of sliding sash windows, curved eaves soffits, square bayed windows and peaked gables. The application property 'Dorian' visually stands apart from its immediate neighbours being only a one and half storey dwelling with little or no common features.
7.3 Prevalent throughout the Conservation Area is the influence of the Arts and Craft movement and this is highlighted in the Conservation Character Appraisal. The existing windows of 'Dorian' reflect this Arts and Craft period and form a significant and key feature of the existing property linking it with the character of the surrounding area. If these windows were to be lost or replaced with poor or unacceptable alternatives the dwelling would stand further apart from its neighbours and likely draw negative attention to it and consequently away from those properties that better contribute to the positive character of the area.
Windows Changes 7.4 The replacement windows generally preserve the portion of frame but change the material and thickness of the frames, opening method of panes and remove the existing lead details.
7.5 While uPVC has been accepted over recent years for replacement windows in the other conservation areas (mostly sliding sash), for a unique building such as 'Dorian', careful consideration needs to be given in respect of the framing size changes between timber and uPVC. With uPVC generally having a bigger frame and greater potential to detract from the existing appearance of the property, even if the opening methods and glazing patterns were to match the existing.
Conservation Areas Statutory Test - Conclusion 7.6 As mentioned in 7.3, the Arts and Craft characters are original to the house. Therefore, it is considered that the proposal does not preserve nor enhance the character of the building.
7.7 In a wider context, the windows are visible by the public and the property is on a corner location, which naturally attract attention. Given 7.2 and 7.3, it is considered that the proposal fails to preserve or enhance the character of the area and therefore fails the test.
7.8 This means that unless there is overwhelming public benefit, the proposal is unlikely to be recommended for approval.
Elements of Assessment 7.9 The key considerations in the determination of the application are its impact on the building itself and on the character and appearance of the area.
Design of the Building Itself 7.10 As mentioned in section 7.2 and 7.3, the building is of Arts and Craft characters and the replacement would detract from the original characters. In additional, according to Planning Circular 1/98, windows readily visible from a public thoroughfare must have the same method of opening as the original and must have the same pattern and section of glazing bars and the same frame sections as the original windows. Given the lead details is glazing bars on the
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windows and they will be removed by the proposal and the opening method changes for some windows, it is considered that the proposal detract from the character of the building.
Character and Appearance 7.11 As mentioned in section 7.6 and 7.7, the proposal removed the Arts and Crafts character from the building and the area and therefore is considered to have a negative impact on the character of the area.
Planning Balance Assessment 7.12 Given the proposal detract from the character of the area and does not have public benefit. The application is recommended for a refusal.
8.0 CONCLUSION 8.1 The replacement windows will detract the character of the Conservation Area. Therefore, it is recommended for a refusal.
9.0 INTEREST PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land which the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
9.2 The decision-maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status. __
I can confirm that this decision has been made by the Head of Development Management 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
Decision Made : Refused Date : 13.03.2024
Determining officer Signed : S BUTLER
Stephen Butler
Head of Development Management
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