Officer Planning Report Recommendation

Application No.: 09/00452/B Applicant: Lowey Estates Ltd Proposal: Alterations, installation of replacement windows and balcony Site Address: 6 Osborne Terrace Douglas Isle Of Man IM1 3LH ### Considerations Case Officer : Mr Gary Barr Expected Decision Level: 07.05.2009 Senior Planning Officer Written Representations ### Consultations Consultee : Highways Division Notes : Consultee : Douglas Corporation Notes : No objection

Officer's Report

The Site

The application site represents the existing residential curtilage of 6 Osborne Terrace in Douglas. This large terrace property has a large front garden, fronts south onto Osborne Terrace, with Cambridge Terrace to the rear, the Manx Museum to the south and Windsor Terrace to the west.

The Proposal

This application seeks approval for the replacement of the existing front elevation windows which proposes to be timber sliding sash with glazing bars to the first and second floors. There would be a timber sliding sash window to the front ground floor window and uPVC sliding sash with glazing bars to the rear elevation.

There would be a replacement cast iron decorative balcony to the font elevation and corbels and fluted uprights to be re-instated.

Planning Status

The application site is located within the Windsor Road Conservation Area in Douglas which is zoned as an area of "Predominantly Residential Use" under the Douglas South Local Plan adopted by Tynwald in 1998. Within the adopted Isle of Man Strategic Plan, Environment Policy 35 is considered relevant to this proposal;

"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".

General Policy 2 is also considered relevant and 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;
• (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." Planning Circular 1/98 - The Alteration and Replacement of Windows states: "Within Conservation Areas if the original windows are in place, they should be repaired. If this is not practicable windows which are 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".

Planning History

The following previous planning applications should be considered relevant to the assessment of the current planning application:

PA 03/00081/B - Alterations and extension to rear outlet to provide garage and flat - Permitted PA 04/00516/B - Installation of replacement timber sliding sash windows and casement windows to dormer on rear elevation - Permitted

Representations

The Douglas Corporation have no objection with the proposed development. The Department of Transport Highways Division have not commented on the proposal.

Assessment / Recommendation

The proposed replacement windows to the front and rear elevations to incorporate sliding sash windows with glazing bar would be acceptable as it respects the Conservation Area in which it is situated. This is achieved through its design, use of material and opening method which would be in-keeping with the existing windows within the existing property and other dwellings a long Osborne Terrace.

The replacement balcony and re-instated corbels and surround, together with the alterations to the windows, would ensure that the special features contributing to the character of the Conservation Area are preserved.

As such, it is judged that the proposed development would comply with Planning Circular 1/98, Environment Policy 35 and General Policy 2 of Isle of Man Strategic Plan 2007 and is considered that this planning application should be permitted.

Party Status

It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:

• The Department of Transport Highways Division

Douglas Corporation

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 08.05.2009

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

C 2.

This approval relates to the submitted Location Plan, Drawings 00452/1, 00452/2, 00452/3, 00452/4 and Photograph all received on 16th March, 2009.

C 3.

Notwithstanding the details submitted, further drawings at a scale of 1:10 of the timber sliding sash windows and the proposed corbels and uprights on the front elevation, shall be submitted to and approved in writing by the Planning Authority prior to development commencing. The development shall be carried out in accordance with the approved details.

I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer

Decision Made : Permitted Date : 13 May 2009

Signed : ______________________________ Senior Planning Officer