DEC Officer Report

Application No.: 20/01393/B Applicant: Isle Of Man Law Society Proposal: Installation of replacement windows to middle floor to front elevation Site Address: 13 Mount Havelock Douglas Isle Of Man IM1 2QG Planning Officer: Mr Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 25.02.2021 _________________________________________________________________

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The windows frames, hereby approved, shall match the existing windows in terms of the method of opening and design of the glazing panels, including proportions, but all glazing bars must be expressed externally.

Reason: In the avoidance of doubt and in accordance with General Policy 2 and Environmental Policy 35 of The Isle of Man Strategic Plan 2016.

This application has been recommended for approval for the following reason. This application is considered to comply with General Policy 2 and Environment Policy 35 of the Strategic Plan, Planning Circular 1/98 and Planning Policy Statement 1/01.

Plans/Drawings/Information; This approval relates to the submitted documents, location plan, window design, photo and drawing no. R01140 date-stamped as having been received on 23rd November 2020. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is the commercial curtilage of 13 Mount Havelock, Douglas. It is a four-storey mid-terrace building with a lower ground floor on the west of Mount Havelock. - 1.2 The windows on the Mount Havelock elevation are all uPVC sliding sash windows. All with a 50/50 split and a vertical glazing bar.

2.0 THE PROPOSAL - 2.1 The proposal is for the installation of replacement windows to all windows on the first floor of Mount Havelock elevation (the floor inbetween two belly bends). The windows will all be uPVC sliding sash windows with a 50/50 split with a internal vertical glazing bar.

- 3.0 PLANNING HISTORY

3.1 Installation of replacement windows to front elevation was approved under PA 20/01003/B. The difference is 1003 is an application for replacing all windows on the front elevation and a condition was set that all glazing bars should be expressed externally. - 4.0 PLANNING POLICY

4.1 The site lies within an area designated on the Douglas Local Plan 1998 as "Predominantly Offices". The site also lies within the Windsor Road Conservation Area.

4.2 The following Strategic Plan policies are considered relevant: General Policy 2 and Environment Policy 35. - 4.3 General Policy 2 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:

• (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; (n) is designed having due regard to best practice in reducing energy consumption."

4.4 Environment Policy 35 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."

4.6 Planning Policy Statement 1/01 (Conservation of the Historic Environment of the Isle of Man) - Policy CA/2, (Conservation Areas); "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area will be a material consideration when assessing the application." - 4.7 Planning Circular 1/98: The Alteration and Replacement of Windows Set states: Category b) Buildings in a Conservation Area "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."

- 5.0 REPRESENTATIONS

5.1 Douglas Borough Council has no objection on this application (17/12/2020).

5.2 DoI Highway Services does not oppose this application. (18/12/2020) - 6.0 ASSESSMENT

6.1 The key issue to consider in the assessment of this application is whether the replacement windows would meet the test set out in Environment Policy 35 and other policies mentioned above in either preserving or enhancing the Conservation Area.

6.2 While the Planning Circular 1/98 states replacement windows should be a replica of the original windows in design as much as possible, the focus can be summarized into three points: O windows visible from a public highway have higher priorities than other windows; O opening method of a window is more important than other design features; O patterns and frame are less important if not visible;

6.3 The windows are on the front elevation and therefore changes could greatly affect the character of the Conservation Area. The replacement windows with sliding sash windows will preserve the unity of the street scene. - 6.4 However, internal glazing bars do not preserve the traditional character to the same extent as glazing bars being expressed externally. Therefore, it is considered a condition should be attached that the any glazing bars should be expressed externally.

- 7.0 CONCLUSION

7.1 For the above reasons the application is considered to comply with General Policy 2, Environment Policy 35, Planning Policy Statement 1/01, and Policy 1/98. It is considered acceptable and is recommended for approval. - 8.0 INTEREST PERSON STATUS

8.1 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. 8.2 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 a Principal Planner 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 : Permitted Date: 01.03.2021 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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