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15/01248/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 15/01248/B Applicant : Mrs Deidre Irvine Proposal : Installation of replacement windows to front elevation Site Address : 1 Waverley Terrace Douglas Isle of Man IM2 3HZ
Case Officer : Mr Edmond Riley Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Officer’s Report
1.0 THE SITE
1.1 The site is the curtilage of 1 Waverley Terrace, an end of terrace property situated at the southern end of a terrace of four properties situated between York Road and Waverley Road on the western side of Ballaquayle Road, and also within the Ballaquayle Conservation Area. The property is a residential dwelling which has a side garden and back onto Waverley Court elderly persons complex. There are two trees in the side garden which partly screen the view of the side elevation of the building as one proceeds uphill on Ballaquayle Road from Broadway towards York Road.
1.2 The properties in the terrace are stepped to take account of the natural fall in the ground, the application property being the lowest in the terrace. The properties are similar to those elsewhere alongside Ballaquayle Road, with four storeys of accommodation including attic floorspace and a basement level. The ground floor has steps up to it.
1.3 The property is internally subdivided into four apartments and, like the majority of the buildings along this southwestern side of the highway, retain the traditional sliding sash windows. This property is unusual inasmuch as it retains its timber frames, however.
2.0 THE PROPOSAL
2.1 Full planning approval is sought for replacement windows throughout the front elevation. The new windows would be identical in form and opening style as those currently in place, but the timber would be replaced with uPVC. Those apertures with bowed and arched headed units are similarly proposed for replacement with bowed and arched headed units.
2.2 The application originally, by accident, was submitted with two Existing Front Elevation drawings: this typographical error was spotted early and amended plans duly sought and circulated to the interested parties for comment.
3.0 PLANNING HISTORY
3.1 In 2012, a planning application seeking the removal of the end-terrace chimney stack was refused at the property on grounds that it would be harmful to the character of the property.
3.2 There have been a number of applications seeking approval for replacement windows in this and the adjacent terraces. Those that seek to install sliding sash units tend to be approved, while those seeking approval to install non-sliding sash units tend to be refused.
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3.3 Of material relevance is an appeal decision issued at the nearby 9 Drury Terrace, at which the Department's original refusal of an application seeking casement windows to replace sliding sash windows was upheld by the Minister in line with the Inspector's view, with the reason for refusal as follows:
"The proposal is contrary to Environment Policy 35 of the Isle of Man Strategic Plan 2007, Policy CA2 of Planning Policy Statement 1/01 and Window Policy 1/98(b) in that the proposed windows would, if installed, ruin the balanced appearance of the street frontage to the building which would neither preserve nor enhance the character or appearance of the Conservation Area."
The Inspector felt that non-sliding sash windows would ruin (his word) the rhythm and balanced appearance of the street frontage, and hence his recommendation.
4.0 PLANNING POLICY
4.1 The Douglas Local Plan 1998 zones the area as predominantly residential.
4.2 Two policies in the Isle of Man Strategic Plan are considered relevant. General Policy 2 (in part): "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:
(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; (g) does not affect adversely the amenity of local residents or the character of the locality".
4.3 Environment Policy 35 of the Isle of Man Strategic Plan 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."
4.4 Policy CA/2 of Planning Policy Statement 1/01 "Conservation of the Historic Environment" is relevant. It places emphasis on the need to consider the impact of development proposals upon the special character of the Conservation Area.
4.5 Windows Policy 1/98 Category b) 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 materials 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 REPRESENTATIONS
5.1 Highway Services of the Department of Infrastructure indicated that the application had no highways implications on 14.12.2015, while Douglas Borough Council offered no objection on 07.12.2015.
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6.0 ASSESSMENT
6.1 The proposed windows are considered to be acceptable because they essentially propose a like-for-like replacement. The use of uPVC is generally accepted within Conservation Areas where the glazing bar, opening mechanism and shape of window units proposed meet the criteria of Circular 1/98, which is the case here. Such windows are also generally considered acceptable in the context of EP35, and this circumstance is no exception.
7.0 RECOMMENDATION
7.1 The application complies with the relevant policy and Circular and is therefore recommended for approval.
8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
o The applicant, or if there is one, the applicant's agent; o 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; o The Highways Division of the Department of Infrastructure; and o The local authority in whose district the land the subject of the application is situated.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 15.12.2015
Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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.
The development hereby approved relates to the plan JTM-068-P-01 Rev A, date-stamped as having been received 24th November 2015.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date: 16.12.2015
Determining officer
Signed : S CORLETT Sarah Corlett
Senior Planning Officer
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