DEC Officer Report

Application No.: 22/00936/B Applicant: Mr & Mrs Jamie & Lyn Talbot Proposal: Installation of windows replacing existing cladding to rear dormer Site Address: 2 Osborne Terrace Douglas Isle Of Man IM1 3LH Planning Officer: Mr Paul Visigah Site Visit: 12.10.2022 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.10.2022

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.

• C 2. The proposed dormer side windows must match the recently approved windows in terms of style and appearance.

Reason: to ensure that the proposed windows are sympathetic to the Conservation Area in which the property sits.

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

The proposal meets the tests of Section 18 of the Town and Country Planning Act 1999; General Policy 2, Strategic policy 4 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, as well as Planning Policy Statement 1/01 and Policy 1/98, as it will protect and enhance the character of the Conservation Area, and the character of the surrounding townscape is not being adversely affected.

Plans/Drawings/Information; This approval relates to the submitted documents and drawings received on 09.08.2022.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the residential curtilage of 2 Osborne Terrace, Douglas, a fivestorey mid-terrace dwelling located on the north of Osborne Terrace. The site backs onto Cambridge Terrace and is bounded to Osborne Terrace by trees and hedging. It is within Windsor Road Conservation Area. - 1.2 The windows on the dwelling are a mix of uPVC and timber sliding sash, whilst the existing front dormer windows are traditional pitched roof designs. The rear yard is accessed via a wooden gate through a stone wall roughly matching the height of the ground floor. - 1.3 The area generally is characterised by similar dwellings, and shares mainly the features of the properties adjoining to the east and west (Nos. 1&3). The site dwelling differs on the front elevation is the absence of a traditional cast iron railing balustrade accessible from the first floor. The rear of the terraced dwellings all feature various past extensions, outhouses and dormer windows, which do not follow any traditional or shared design pattern.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for installation of windows replacing existing cladding to rear dormer. The slate hung cheeks to flat roofed dormer on the rear roof plane are to be replaced with side windows to match with approved window on application 21/00318/B.

- 3.0 PLANNING POLICY

3.1 In terms of local plan policy, the application site is in an area designated as Predominantly Residential under the Area Plan for the East. The application site is within the Windsor Road Conservation Area. As such, the following Strategic Plan policies are relevant: - 3.2 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. (n) is designed having due regard to best practice in reducing energy consumption.

3.3 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; - 3.4 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.

3.5 Environment Policy 34 expresses a preference for the use of traditional materials in the maintenance, extension or alteration of pre-1920 buildings.

- 4.0 OTHER MATERIAL CONSIDERATIONS

- 4.1 TOWN AND COUNTRY PLANNING ACT 1999

• 4.1.1 S18 Designation of conservation areas Section 18(4) of the Town and Country Planning Act (1999) states, "(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". It is not considered that this proposal would conflict with that objective and as such the application will be considered in the context of the policies as set out below.

4.2 Planning Policy Statement 1/01

• 4.2.1 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".

4.3 Planning Circular 1/98 provides guidance on the replacement of windows and in Conservation Areas. It 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."

- 5.0 PLANNING HISTORY

5.1 A recent approval was granted for installation of replacement windows and front dormer to replace existing under PA 21/00318/B. - 5.2 Approval has also been granted for alterations and extensions to property, including replacement windows and doors, removal of rear outbuildings and erection of single storey extension, removal and reconstruction of main front facade external wall under PA 18/01316/B (in association with 18/01317/CON for Registered Building consent for the demolition elements relating the application. - 5.3 The site has also been the subject of other applications related to window replacements under:

• o PA 11/00034/B for Installation of replacement windows to front elevation (Approved).
• o PA 95/00140/B for Replacement of windows (Approved), and
• o PA 87/01575/B for Construction of front and rear dormer window (Approved).

6.0 REPRESENTATIONS Copies of representations received can be viewed on the Department's website. This report contains summaries only.

6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that there is 'No Highway Interest' (19 August 2022). - 6.2 Douglas Borough Council has no objection to this application (19 August 2022). - 6.3 No comments have been received from neighbouring properties.

- 7.0 ASSESSMENT

7.1 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. - 7.2 The proposed side dormer windows are new features on the dwelling, as they would replace the existing slate hung cheeks to the flat roofed dormer on the rear roof plane. Whilst the change would be publicly visible, given the location of the rear of the property on Cambridge Terrace which is a public thoroughfare, the new windows would be finished to match the style of the recently approved UPVC replacement windows on the dwelling. These will give the dwelling a uniform window appearance. Therefore, the proposed alteration is considered to preserve the appearance and character of the existing dwelling and in turn the street-scene, as well as the broader Conservation area. - 7.3 Whilst the most appropriate frame material would have been timber to accord with the requirements of EP34, the recently approved windows for the property are UPVC windows, and the property has around it uPVC framed windows which are sliding sash and casements. As such, it is not considered essential to maintain the character of the area, for the new windows to be timber framed.

- 8.0 CONCLUSION

8.1 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, and therefore recommended for approval. - 9.0 INTEREST PERSON STATUS

9.1 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. 9.2 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: 12.10.2022 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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