42484

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                                                 15/01020/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 15/01020/B Applicant : Christian Robert Knight Baker Proposal : Installation of replacement windows on first and second floors to front elevation Site Address : 20 Demesne Road Douglas Isle Of Man IM1 3DY

Case Officer : Miss S E Corlett Photo Taken : 14.10.2015 Site Visit : 08.10.2015 Expected Decision Level : Planning Committee

Officer’s Report

THE APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT.

THE SITE 1.1 The site is the curtilage of 20, Demesne Road, a mid terraced property which has three full storeys of accommodation and dormers serving accommodation also in the roofspace. The property has timber framed sliding sash windows in all of the floors, the ground, dormer and first floor windows having curved heads and the second floor windows having flat heads. The windows also have decorative mouldings above them, features characteristic of the terrace as a whole.

1.2 Demesne Road is within the Woodbourne Road Conservation Area but many properties, particularly those towards the south western end have mainly modern uPVC casement style windows, entirely or partially within their front elevations (numbers 44, 36, 34, 32, 30, 24, 22, 18, 16 and 10 on the same side of the road as the application property - around half of the street on this side of the road).

1.3 Some of these windows have the benefit of planning approval - those at 44, 36, 34, 32 and 16 do not. Previous proposals for flat headed replacement windows have been refused at appeal (PA 04/00585/R).

1.4 The character of the streetscene is therefore very mixed and generally dominated by parked vehicles on both sides of the road. The road is a busy one with a number of commercial premises and a primary school at the south western end. The striking components of the area is the uniformity and rhythm of the buildings and their general similarity of height, window lines and relationship with the street in terms of the small front gardens, railings and pedestrian paths. The properties also have a variety of dormers - some retaining their original pitched roofed dormers with curved headed windows, others have been replaced with a simplified linked version of the original dormers and others with completely new flat roofed structures which stretch across almost all of the width of the roof.

THE PROPOSAL 2.1 Proposed now is the replacement of the existing windows in the front elevation with plastic framed casement windows where it appears that the second floor windows will have a round head with the top half fixed and the lower half top hung and inward or outward opening. The first floor windows are to have top hung top half opening casements.

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                                                 15/01020/B
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2.2 Following discussion with the applicant, he would like to include the replacement of the windows within the dormers - curved headed sliding sashes at present - although his plans for the ground floor bay are currently unclear and he does not wish to include the replacement of this at this stage. He was keen to retain the curved head of the first and attic floor windows which has led to a proposal for bottom opening windows in those apertures. Following further discussions with the applicant, he would prefer to keep the application as originally proposed.

PLANNING HISTORY 3.1 Planning approval was refused under PA 03/00489 for the reason that:

"The site is within a draft Conservation Area, and the building is part of a terrace of architectural interest; PVC-framed tilting windows as proposed would reduce this interest and would affect adversely the character of the area."

PLANNING STATUS 4.1 The area is now a formally designated Conservation Area, adopted in September 2003. The accompanying Appraisal includes the following reference to Demesne Road:

"3.19 Part of the areas distinctiveness and quality lies in the density and regularity of the building forms: Hawarden Avenue, Selborne Road, Primrose Avenue and Westminster Drive all exhibit this sense of order, yet combine with small front gardens, set-back of building lines and widths of roadway, to enhance the sense of elegance and openness. This is sometimes difficult to appreciate fully, due to the high levels of motor cars now present on the streets. A number of properties in this locality have been carefully restored and upgraded, retaining original windows and revitalising the appearance of frontages with traditional painting schemes.

3.20 Similar comments apply to the terraces of Demesne Road, Raphael Road, Kensington Road and Bucks Road, however here the massing and form is much more overpowering, but again the striking quality of architecture which encloses and frames the roadways is collectively very important. Rhythms of bay windows, gable peaks, window formats emphasise the vertical format but give a coherence to this major group of buildings."

4.2 There is also reference at paragraph 3.22 to the "predominance of sliding sash windows" and at paragraphs 4.2 and 5.1 under "Negative Factors" and "Conclusions" where it states:

"There has been some replacement of timber sash windows with white uPVC casements, however there are increasing examples of repair and upgrading or appropriate replacement which have receive grant assistance...Negative elements identified are largely judged to be reversible given time, appropriate guidance and support...many problems can be rectified and features improved with careful consideration and appreciation of the urban environment".

4.3 Environment Policy 35 of the Strategic Plan and the Planning Policy Statement 1/01 both require development to preserve or enhance a Conservation Area. Planning Circular 1/98 provides further, detailed advice on Conservation Area window replacements as follows:

"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 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."

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                                                 15/01020/B
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REPRESENTATIONS 5.1 There are no representations on file at the time of writing.

ASSESSMENT 6.1 The site lies within a Conservation Area. There is reference in the Appraisal to the fact that some sliding sash windows have been replaced, that this is considered to be a negative factor and that, given time, could be reversible. There is no reference in the document to this principle being applied to particular parts of the Conservation Area which leads to the conclusion that it should be applied wholescale. However, in the case of Demesne Road, it is relevant and reasonable to consider the character of the street as a whole and the appearance of the other properties and how important the window opening style is in the character and appearance of the area. In this case, a lot of the properties in the street and around this particular property, have not only casement windows in plastic frames but also a mixture of opening styles - firstly opposite for example. The fact that some of the properties, unlike the application dwelling, have been subdivided into individual flats does not assist in a consistent style of window and the fact that some apertures have shaped heads which leads, certainly in a plastic frame, to the upper part having to be fixed, not openable, or that being by far the cheaper option.

6.2 Whilst sliding sashes are certainly the preferable option, it is considered that due to the proliferation of plastic framed casements in the streetscene, that the character of the street no longer relies upon all of the windows being sliding sash and that the character is in fact created from the uniformity of the window line and shape rather than the characteristics of each individual window. The applicant is to be commended for choosing a window style which reflects the shape of the aperture: some of the windows in the street have flat heads within a curved headed aperture. Similarly, whilst the windows within the building are not consistent in that one floor has bottom opening and the other has top opening, it is not considered that this would have a significant impact in the streetscene. As such, the proposal is considered to have a neutral impact in the streetscene as a whole and is recommended for approval.

PARTY STATUS 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material and (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 23.10.2015

Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

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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. The proposed windows must have the same shaped frame as the aperture in which they are to be installed: ie if the current window has a curved or flat head then its replacement must match that.

Reason: in the interests of the character of the property and the Conservation Area in which the property is situated.

N 1. It is recommended that the windows either all open inward or all outward to promote a consistent style of opening within the building.

This approval relates to the location plan and window schedule all received on 9th September, 2015.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : ...PER... Committee Meeting Date:...02.11.2015

Signed :...S CORLETT... Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.