DEC Officer Report

Application No.: 20/01429/B Applicant: Heron And Brearley Proposal: Installation of replacement windows Site Address: First & Second Floors Sam Webbs & Co St Thomas Walk Douglas Isle Of Man IM1 2HF Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 06.01.2021 _________________________________________________________________

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. For the avoidance of doubt planning approval hereby given is for the installation of a total of 20 sliding sash windows to the south-east, north-east & south-west elevations while approval for 4 smaller casements windows to south west elevation- (within modern flat roofed extension) as shown on plan 02 received 17th December 2020.

Reason: In the interest of the character and appearance of the Conservation Area and the individual building

This application has been recommended for approval for the following reason.

It is considered the proposed works would preserve (windows) the character and appearance of the existing property and therefore also the Conservation Area and therefore the proposal would comply with Environment Policy 35 of the Isle of Man Strategic Plan and Planning Circular 1/98.

Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers;

• 01 (30th November 2020); and
• 02 (17th December 2020). _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the curtilage of Sam Webbs & Co, St Thomas Walk, Douglas which is a traditional three storey detached property located to the eastern side of Marina Road and south of Church Road Marina. The first and second floors are of interest for this application.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the installation of replacement windows on alike for like basis. The majority are sliding sash windows and these will be replaced with uPVC sliding sash windows (total of 20 within South-east, north-east & south-west elevations) while there are smaller casement windows (total of 4 to south west elevation- within modern extension) which would replace with casement windows.

- 3.0 PLANNING STATUS AND POLICY

3.1 In terms of local plan policy, the application site is within a Mixed Use Proposals Areas -

1. Villa Marina Gateway under the Area Plan for the East. The application site falls within a Conservation Area.

3.2 The Strategic Plan contains the following policies which are relevant in the determination of this application: - 3.3 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:

• (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."

3.4 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."
• 3.5 This echoes the policies of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man.
• 3.6 Planning Circular 1/98 also contains advice about the replacement of windows:

"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."

- 4.0 PLANNING HISTORY

4.1 There are no previous planning applications which are considered relevant in the determination of this application. - 5.0 REPRESENTATIONS

5.1 Douglas Borough Council do not oppose (received on 17.12.2020).

5.2 Highway Services comment that (received on 18.12.2020);

"After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking. The Applicant is advised that a licence may be necessary for the positioning of equipment and materials in the highway."

- 6.0 ASSESSMENT

6.1 The main issue to be considered in the assessment of this application is the impact of the proposed development upon the character and appearance of the Conservation Area and the individual property.

6.2 The Department has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they 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. Further, Planning Circular 1/98 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.

6.3 In this case all elevations are of importance, with perhaps the northern and eastern being the most prominent views. Overall, the works are being replaced on a 'likely for like' basis, albeit in uPVC which is acceptable, albeit not preferred. - 7.0 CONCLUSION

7.1 Overall, it is considered the proposed works would preserve (windows) the character and appearance of the existing property and therefore also the Conservation Area and therefore the proposal would comply with Environment Policy 35 of the Isle of Man Strategic Plan and Planning Circular 1/98. The application is recommend for an approval.

- 8.0 INTERESTED 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 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 the Head of Development Management 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 : 07.01.2021 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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