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22/01250/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/01250/B Applicant : Ms Maxine Murphy Proposal : Installation of replacement bay windows (retrospective) Site Address : 20 Berkeley Street Douglas Isle Of Man IM2 3QA
Technical Officer: Mr Thomas Sinden Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 02.11.2022 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
This application has been recommended for approval for the following reason. The application meets the tests of section 18 of the Town and Country Planning Act 1999 and environment policy 35 within the IOM Strategic Plan 2016 as the character of the conservation area is being preserved. The proposals also comply with the guidance within planning circular 1/98 as the opening method, pattern of glazing bars and frame sections of the windows are proposed to match the existing windows. The application is therefore judged to be acceptable.
Plans/Drawings/Information;
This decision relates to the information submitted on 27.9.2022. __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE
1.1 The site is 20 Berkeley Street, a two storey mid terrace property within the Douglas (Selbourne Drive) Conservation Area.
1.2 The front elevation ground floor bay windows are timber framed one over one sliding sash units.
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2.0 THE PROPOSAL
2.1 The application proposes to replace the existing ground floor bay windows with UPVC framed one over one sliding sash units. The application is retrospective.
3.0 PLANNING POLICY
3.1 The site lies within an area designated on the Area Plan for the East 2020 as predominantly residential, and within the Douglas (Selbourne Drive) Conservation Area. The site is not in an area at risk of 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: (b) (c) (g). Strategic Policy 4. Environment Policies 34, 35.
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 Application 06/01845/B permitted alterations and an extension at the rear of the property.
5.0 REPRESENTATIONS.
5.1 The Department of Infrastructure Highways Division have stated that there is no highways interest in the application. (13.10.2022).
5.2 Douglas Borough Council have stated they have no objections to the application (14.10.2022).
6.0 ASSESSMENT
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6.1 The principal issue with this application is judged to be the impact of the proposed alterations on the special character of the Douglas (Selbourne Drive) Conservation Area.
6.2 The proposed replacement windows replicate the glazing pattern and method of opening of the existing units. The guidance within Planning Circular 1/98 is therefore being followed. Whilst the materials are not traditional as preferred by Environment Policy 34, the proposed windows are judged to preserve the character of the conservation area given the existing form is being replicated.
7.0 CONCLUSION
7.1 It is judged that the application meets the tests of section 18 of the Town and Country Planning Act 1999 and environment policy 35 within the IOM Strategic Plan 2016 as the character of the conservation area is being preserved. The proposals are also judged to comply with the guidance within planning circular 1/98 as the opening method, pattern of glazing bars and frame sections of the windows are proposed to match the existing windows. It is therefore recommended that the application be approved.
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: 07.11.2022
Determining officer
Signed : J SINGLETON
Jason Singleton
Principal Planner
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