Officer Planning Report

Application No.: 09/01729/B Applicant: Mr \& Mrs Grant McIntosh Proposal: Installation of replacement windows and door to porch Site Address: 28 Upper Dukes Road Douglas Isle Of Man IM2 4AZ ### Considerations Case Officer : Mr Gary Barr Expected Decision Level: 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 28 Upper Dukes Road which is a north west facing property, which overlooks the playing fields at Nobles Park in Douglas.

The Proposal

This planning application is seeking approval for the replacement of the timber door and windows on the front porch with uPVC windows and door.

Planning Status

The application site is located within the Douglas Olympia Conservation Area 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 HISTORY The following previous planning applications should be considered in the assessment of this current planning application: PA 91/01966/B - Construction of secondary W.C - Permitted PA 07/00503/B - Installation of replacement windows and patio doors (Amended plans received) - 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

The replacement of the timber door with a modern uPVC door is normally considered to be unacceptable within a conservation area, but after a discussion with the conservation officer and a visit to the site, it is considered that in this instance the proposal would be acceptable. This is a result of the existing poor form of the existing door and porch, together with the appearance of uPVC doors situated in the close vicinity (i.e. 27 Upper Dukes Road) which do not make a positive contribution to the property or the locality; as such it would be difficult to justify a refusal.

As such, the Planning Authority feels that the street can still be preserved and that the proposed application would have a neutral effect to the architectural detailing and character of the building.

15 December 2009

09/01729/B

Recommendation

For these reasons the proposal is considered acceptable and it is recommended that the planning application 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: 15.12.2009

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 Drawings LOC 1, ELE 1, SEC 1 and Photographs x2 all received on 22nd October, 2009 and door detail received on 29th October, 2009.

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I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 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: 17 December 2009 Signed: __________________________ Senior Planning Officer