DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/00722/B Applicant: Mrs Roselinda Verelst Plaster Proposal: Installation of replacement windows and application of paint to building Site Address: 30, 30A & 31 North Quay Douglas Isle Of Man IM1 4LB Technical Officer: Mr Thomas Sinden Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 18.07.2022

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.

The proposals meet the statutory tests within Section 18 of the Town and Country Planning Act 1999, as the proposals preserve the character of the conservation area. It is judged that the application meets the tests of general policy 2, strategic policy 4 and environment policy 35 of the IOM Strategic Plan 2016 as the proposed conservation area is being protected and preserved, and the proposals do not adversely affect the character of the surrounding townscape. Whilst the proposed materials are not traditional as preferred by Environment Policy 34, they are considered acceptable in this instance given that the overall impact will be to preserve the character of the Conservation Area. The application is therefore judged to be acceptable.

Plans/Drawings/Information; This decision relates to the information submitted on 13th June 2022. _______________________________________________________________

Interested Person Status

Additional Persons None

Officer’s Report

1.0 THE SITE - 1.1 The site is 30, 30a and 31 North Quay, Douglas, a three storey building to eaves level with a further storey accommodated within the roof level and peaked dormers. The property has retail/café units at ground floor level with large picture windows and recessed entrance doors. At first floor level there are projecting bay windows within sliding sash windows, while at second floor level there are sliding sash windows with feature lintels and cills picked out in black. There are peaked dormers on the North Quay and Ridgeway Street elevations with mock Tudor timber effect detailing that have the appearance of feature gables. The North Quay elevation is painted render, while the Ridgeway Street elevation has painted render at ground floor level and facing brickwork at first and second floor levels.

2.0 THE PROPOSAL - 2.1 This application proposes to replace the timber windows at first floor level and the timber windows and doors at ground floor level with UPVC double glazed windows and composite UPVC doors. The style and opening method of the windows and doors is proposed to match the existing units throughout. The applicant has also proposed to repaint the building in a like for like manner.

3.0 PLANNING POLICY - 3.1 The site is in an area defined as 'Mixed Use Proposal Area 7. The Quayside' on Map 5 of the Area Plan for the East 2020, and within the Douglas (North Quay) Conservation Area. The site is in an area at high risk of tidal flooding. - 3.2 TOWN AND COUNTRY PLANNING ACT 1999 S18 Designation of conservation areas

(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act.

3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016

General Policy 2: 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; and (g) does not affect adversely the amenity of local residents or the character of the locality.

Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;

• Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.
• Environment 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 features contributing to the character and quality are protected against inappropriate development.

3.4 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man

POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS 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. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.

3.5 Planning Circular 1/98: The Alteration And Replacement Of Windows

Category b) BUILDINGS IN CONSERVATION AREAS Policy 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.

4.0 PLANNING HISTORY - 4.1 There are numerous applications on the properties for the replacement of windows, and for the change of use of one or more of the units. None of these applications are judged to be of particular relevance to the current proposals.

5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. - 5.1 The Department of Infrastructure Highways Division have stated that they find the application to have no significant negative impact upon highway safety, network functionality and /or parking. (1.7.2022). - 5.2 Douglas Borough Council have stated that they have no objections to the application (4.7.2022).

6.0 ASSESSMENT - 6.1 The issue here is whether the proposals would preserve or enhance the special character of the Douglas (North Quay) Conservation Area. - 6.2 The application proposes to replace the existing timber sliding sash windows on the North Quay and Ridgeway Street elevations with UPVC framed double glazed sliding sash windows. The picture windows at ground floor level are proposed to be replaced in a like for like manner. As the opening method and the glazing pattern of these windows matches the existing windows, the guidance within planning circular 1/98 is being followed. As the style and method of opening of the publicly visible windows are proposed to be like for like, it is judged that the application meets the statutory test within section 18 of the Town and Country Act 1999 as the character of the conservation area would be preserved. It is also judged that the proposals do not adversely affect the character of the surrounding townscape. - 6.3 The proposal includes the replacement of existing timber windows at the rear of the property with UPVC framed casement opening units. As these windows are not visible from any public viewpoint, it is considered that there would be no impact on the character of the

• conservation area or the surrounding townscape by replacing these rear windows in the manner proposed.
• 6.4 The application includes a proposal to replace the existing timber doors with composite UPVC doors. The proposed replacement doors are judged to be very similar in style and form to the existing doors, and are therefore judged to preserve the character of the conservation area and the surrounding townscape.
• 6.5 Included within the application proposals is the painting of the building. A discussion with the applicant's agent has occurred regarding this, who has clarified that the intention is to repaint the building in a like for like manner. This includes the mock Tudor timber work and the feature cills and lintels. The painting proposed is not considered to have any detrimental impact on the character of the conservation area.
• 6.6 Whilst the site is in an area that is noted as being at high risk of tidal flooding, the nature of the development will not change the resilience or susceptibility of the site and surrounding area from flooding and as such, this is not considered to be a reason to refuse the application in this case.

7.0 CONCLUSION - 7.1 It is judged that the proposals meet the statutory tests within Section 18 of the Town and Country Planning Act 1999, as the character of the conservation area is being preserved. It is also judged that the application meets the tests of general policy 2, strategic policy 4 and environment policy 35 of the IOM Strategic Plan 2016 as the proposed conservation area is being protected and preserved, and the proposals do not adversely affect the character of the surrounding townscape. Whilst the proposed materials are not traditional as preferred by Environment Policy 34, they are considered acceptable in this instance given that the overall impact will be to preserve the character of the Conservation Area. It is therefore recommended that the application be approved.

8.0 INTERESTED PERSONS 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 : 18.07.2022 Determining officer Signed : S BUTLER Stephen Butler Head of Development Management

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