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22/01000/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/01000/B Applicant : Mrs Lori Corlett Proposal : Installation of replacement double glazed bay window to front elevation Site Address : Fairleigh Hilary Park Douglas Isle Of Man IM2 3ED
Planning Officer: Mrs Vanessa Porter Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 20.10.2022 __
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.
This application has been recommended for approval for the following reason. The proposal complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 11th August 2022; o Location Plan o Photos of existing windows o Quotation for the works. __
Interested Person Status - Additional Persons
None __
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22/01000/B Page 2 of 4
Officer’s Report
THE APPLICATION SITE
1.1 The application site is within the curtilage of Fairleigh, Hilary Park which is a traditional mid terrace property situated to the South East of Hilary Park.
THE PROPOSAL
2.1 The current planning application seeks approval for the replacement of the existing bay windows with uPVC, with the upper half having clear glazing within a leaded design.
PLANNING HISTORY
3.1 The previous applications are not relevant in the assessment of this application.
PLANNING POLICY
4.1 The site lies within an area zoned as "Prominently Residential" under the Area Plan for the East, Map 4 - Douglas. The site isn't within a Flood Risk Zone but is within a Conservation Area.
4.2 Given the nature of the of the land designation and the property being within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area.
REPRESENTATIONS
5.1 The following representations can be found in full online;
5.2 Highway Services have considered the proposal and they do not have any Highways Interest (1.09.22)
5.3 Douglas Corporation have considered the proposal and state they have no objection. (02.09.22)
ASSESSMENT
6.1 The main issues to consider in the assessment of this planning application are:
6.2 SECTION 18(4) TEST
6.2.1 Due to the proposed works being in a Conservation Area it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area.
6.2.2 The proposed works ae going to give the appearance of a like for like replacement and will for the majority match the neighbouring property in sizing of frames and opening/closing. Whilst this is the case the proposal is proposing to keep the leaded design to the upper half of the windows but not replace the coloured glazing with coloured glazing but with clear glazing.
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22/01000/B Page 3 of 4
6.2.3 Ultimately, the removal of the coloured glazing is undesirable but the Department does not have any policies in place to protect coloured glazing within historic properties, as such due to the leaded design being kept, the removal of the coloured glazing is deemed acceptable.
6.2.4 With the above in mind the works will pass the Section 18(4) test by preserving the Conservation Area.
6.3 CHARACTER AND APPEARANCE
6.3.1 When looking at the character and appearance of the proposed works on the surrounding area, the main impact would be making sure that the works preserve or enhance the Conservation Area. As stated above the keeping of the leaded design to the upper half of the windows is in keeping with the Conservation Area and as such the proposal will preserve the overall streetscene.
CONCLUSION
7.1 The proposed works are acceptable in terms of their form, mass and design which will preserve the overall Conservation Area and as such complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016.
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: 25.10.2022
Determining officer
Signed : J SINGLETON
Jason Singleton
Principal Planner
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22/01000/B Page 4 of 4
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