Loading document...
==== PAGE 1 ====
22/00204/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00204/B Applicant : Mr Jonathan Penman Proposal : Installation of replacement windows Site Address : 40 York Road Douglas Isle Of Man IM2 3AX
Enforcement/Planning Assistant: Ms Charlotte Gatt Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 11.04.2022
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.
This application has been recommended for approval for the following reason. Overall, on the basis that all of the properties on this particular row, as well as more than 10 other properties within the wider street scene have uPVC casement windows installed; but also given the character, appearance and uniformity of the area, that still has other original features in place; it is considered that while the application cannot be argued to preserve or enhance the individual property, the works would have a more unified window design as the majority of the street, but also as the main overall character of the street scene would not be significantly affected. It is concluded the works would have a neutral impact and therefore the application is approved.
Plans/Drawings/Information;
This decision hereby approved, related to documents and drawings submitted to the Department titled; Location Plan, Photo Sheets, Window Drawings and Support Info all date stamped as being received by the Department on 14th February 2022.
==== PAGE 2 ====
22/00204/B Page 2 of 4
Interested Person Status – Additional Persons
None
Officer’s Report
THE APPLICATION SITE 1.1 The application site is the residential curtilage of 40 York Road which is a two and a half storey, semi-detached dwelling sited on the southern side of the highway and within the Woodbourne Road Conservation Area.
1.2 The properties to south of the highway include groups of dwellings built in different time periods that feature along the terrace. The properties either side of the application site (east and west) are of a quite a different style and appearance, some have small front facing gables, others with dormers in the roof space. All of the properties along this row have a low level wall to the front boundary.
1.3 The existing windows are non-traditional, black uPVC framed casement windows and are proportioned so that the openings are at the sides of the windows. The front door does not appear to be original. There are no properties on the row that have their original timber sliding sash windows still in place and there is a mixture of non-traditional opening styles. Those that have changed the windows to uPVC and generally are proportioned to have a 50-50 split.
THE PROPOSAL 2.1 Full planning approval is sought for the installation of replacement windows to front and side (eastern) elevation of the property.
2.2 The submitted plans show the front elevation ground floor bay windows to be uPVC casement windows with a 50-50 split frame are to be installed (central window bottom opening). The first floor windows are to be side opening casements of which one window is to be a central opening side fixed casement.
2.3 All windows are to be finished with black coloured frames as existing and within the existing openings.
PLANNING HISTORY 3.1 There are no previous planning applications in relation to the site that would be considered material in the determination of this application.
PLANNING POLICY In terms of local plan policy, the application site is in an area zoned as "predominantly residential" under the Area Plan for the East 2020. As previously mentioned, the application site is within the Woodbourne Road Conservation Area. In determining the proposal regard shall be given to both Planning Circular 1/98 and Environment Policy 35 of the Strategic Plan in understanding whether the works preserve or enhance the character of the existing building and the wider Conservation Area and having regard to the special character of the area.
4.2 Environmental Policy 35: "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
==== PAGE 3 ====
22/00204/B Page 3 of 4
features contributing to the character and quality are protected against inappropriate development."
4.3 Planning Circular 1/98 sets out and provides guidance policies in respect of the alteration or replacement of windows in Conservation Areas and states: "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 original method of opening, whatever the material used in the construction."
REPRESENTATIONS 5.1 Douglas Borough Council stated that they had no objection, received on 8th March 2022.
5.2 Department of Infrastructure Highways Division have stated there is No Highways interest in the application on 03.03.2022.
ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are whether the windows preserve or enhance the character or appearance of the Douglas (Woodbourne Road) Conservation Area. It is pertinent to consider this application against Environment Policy 35 and Planning Circular 1/98.
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 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.
6.3 Alterations to the front elevation are the most important, being the elevation which is most publically viewable. The property has already seen a change in the windows with the replacement from the old original timber sliding sash with the installation of white uPVC casement over 10 years ago. Accordingly, in the majority of cases, such proposal could be refused as the works would nether preserve nor enhance as uPVC casement windows are generally have thick frames compared to the thinner sliding sash frames. The method of opening when open also detracts from the original style which is clear from the properties which have made these changes already.
7.0 CONCLUSION 7.1 Overall, on the basis that all of the properties on this particular row, as well as more than 10 other properties within the wider street scene have uPVC casement windows installed; but also given the character, appearance and uniformity of the area, that still has other original features in place; it is considered that while the application cannot be argued to preserve or enhance the individual property, the works would have a more unified window design as the majority of the street, but also as the main overall character of the street scene would not be significantly affected. It is concluded the replacement windows in the existing reveals, with a like for like material, would have a neutral impact and therefore recommend the application be approved.
==== PAGE 4 ====
22/00204/B Page 4 of 4
7.2 When making this recommendation, the Department is mindful that such decision could been seen to have an acceptance of allowing perhaps inappropriate development which would neither preserve or enhance the Conservation Area, especially in relation to replacement windows. However, as with all applications, each have to be considered on its own merit and second it is considered the two site specific reasons indicated previously are sufficient to ensure the polices which seek appropriate development in Conservation Areas/replacement window design are not undermined.
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 Highway Services of the Department of Infrastructure, and o The local authority in whose district the land the subject of the application is situated.
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 in Article 6(4) 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: 21.04.2022
Determining officer
Signed : J SINGLETON
Jason Singleton
Principal Planner
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.
Copyright in submitted documents remains with their authors. Request removal