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21/00121/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00121/B Applicant : Mr Damien Crook Proposal : Replacement of two timber framed sliding sash windows, with installation of 2 uPVC sliding sash windows Site Address : Flat 8 Keighley House 59 Loch Promenade Douglas Isle Of Man IM1 2NA
Enforcement/Planning Assistant: Ms Charlotte Gatt Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 05.05.2021 __
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 replacement windows hereby approved shall be installed in accordance with the details shown for option 2 (sliding sash) on the submitted window details.
Reason: For the avoidance of doubt and in the interest of preserving the character of the conservation area.
This application has been recommended for approval for the following reason. The application is considered to comply with General Policy 2, Environment Policy 35, and Policy 1/98. It is considered acceptable and is recommended for approval.
Plans/Drawings/Information; This decision relates to the submitted documents, location plan, photos and window details (option 2) all date-stamped as having been received on 1st of February 2021. __
Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4) (or 4(2)):
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The Isle of Man Victorian Society as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy, they are not stated to be within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy, as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy.
It is recommended that DOI (Flooding) should be afforded IPS as a Government Department that have commented on material issues. __
Officer’s Report
1.0 THE SITE 1.1 The application site is the curtilage of Flat 8, Keighley House, 59 Loch Promenade, Douglas. An existing six-storey mid-terrace property, including a lower ground floor located on the west of Palace Terrace, close to its junction with Church Road Marina within the Douglas Promenade Conservation Area. Flat 8 occupies the top floor. There is a mixture of window styles to the rear of the property, some fully rectangular, some half round and some fully arched with 50/50 split and sash horns on the rear elevation of each floor.
2.0 THE PROPOSAL 2.1 The application proposes to replace the existing windows on the sixth floor of the rear elevation with UPVC sliding sash windows in the same form as existing, following the arched style. The existing white colour is to be replicated in the replacement units.
3.0 PLANNING POLICY 3.1 In terms of local plan policy, the site is designated as Mixed Use (Villa Marina Gateway) within the Town Centre in the Area Plan for the East (2020). As mentioned previously the application site is within the Douglas Promenade Conservation Area.
3.2 The Isle of Man Strategic Plan 2016 contains three policies that are considered specifically material to the assessment of this current planning 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: ... (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: ... (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 34 states: "In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred." 3.5 Environmental 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."
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3.6 It is also important to consider 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."
3.7 Planning Circular 1/98 provides advice on the replacement of windows and suggests in Conservation Areas the method of opening is more important than the frame material but the original method of opening should be replicated where the originals are in place.
4.0 PLANNING HISTORY 4.1 There is a previous application that could be considered materially relevant to this application in relation to the site.
4.2 20/00752/B - Installation of Replacement Windows - Flat 1 Keighley House, 59 Loch Promenade, Douglas - Permitted
5.0 REPRESENTATIONS 5.1 Department of Infrastructure Highway Services - Do Not Oppose - 23.02.21 Condition "- After reveiwing 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."
5.2 Douglas Borough Council - No objection - 17.02.21
5.3 Isle of Man Victorian Society made the following comments on 23.02.21 "Although these windows face Marina Road the property still falls in the Promenade Conservation Area and from the photographs submitted, despite the poor reproduction, are quite visible and obvious from the street. The replacements therefore should comply with the requirements for such a property. Although two alternatives are shown in the quotation from the window supplier neither are correct or acceptable. The windows should be of the sliding sash variety (the arched headed windows go up behind the masonry curve as at present). The wrong type of windows installed here will form an unfortunate precedent for other replacements in those properties facing on to Marina Road. We therefore object to the application as made and trust the applicant is advised to consult with the Principal Registered Buildings Officer."
5.3.1 Amended information was received from the applicant, and the proposal was changed from that of casement windows to be installed, to sliding sash as in option 2 in the application window details. A further consultation period was issued for comment, but no comment has yet been received. (05.05.21)
5.4 Department of Infrastructure (DOI) Flood Risk Management Division - No Flood Risk Management interest - 23.03.21
6.0 ASSESSMENT 6.1 The issue here is whether the proposed windows preserve or enhance the character or appearance of the Conservation Area in which the property sits taking into account the special character of the area. 6.2 The proposed windows are to be UPVC framed in the white colour as existing, replacing a mixture of UPVC and painted timber on the existing rear elevation. The replacement of a mixture of materials with one consistent material, all of the same style and age, is judged not to detract from the character of the Conservation Area.
6.3 In addition to this, Planning Circular 1/98 - The Alteration and Replacement of Windows: This document states that for buildings in Conservation Areas, original windows should be repaired. If the units cannot be repaired, the replacement windows which would be readily visible from a public thoroughfare must have the same method of opening as the originals. Windows not readily visible
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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.
6.4 In terms of the guidance in Planning Circular 1/98 for windows not readily visible from a public thoroughfare, while it would be desirable for the vertical dividing bars to appear on the replacement windows, the style proposed is deemed close enough given the location of the units and the very minor impact that the proposals will have.
6.5 Given that the windows to be replaced in this instance are on the highest floor, and overlook Strand Street, it is judged that they would not be readily visible from a public thoroughfare. Further, as they are not on the building's principal elevation, it is not thought that the replacement of the traditional windows will have a significant impact on the Conservation Area. With those things in mind, the character of the Conservation Area is considered to be preserved and the proposed replacements acceptable.
7.0 CONCLUSION 7.1 The application is considered to comply with General Policy 2, Environment Policy 35, and Circular 1/98. It is considered acceptable and is recommended for 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 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: 02.06.2021
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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