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23/00018/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00018/B Applicant : Mr Grant Hill & Ms Cristina-Catalina Vasiliu Proposal : Installation of replacement windows and doors to front and rear elevations, replacement rear gate and removal of a rear chimney Site Address : 8 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: 08.02.2023 __
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 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 5.1.2023. __
Interested Person Status - Additional Persons
None __
Officer’s Report
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1.0 THE SITE
1.1 The site is 8 Berkeley Street, a two storey mid terrace property within the Douglas (Selbourne Drive) Conservation Area.
2.0 THE PROPOSAL
2.1 The application proposes the replacement of the existing UPVC casement windows with like for like units, replacement of the existing UPVC doors to front and rear elevations, the replacement of the rear gate and removal of a rear chimney.
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 96/00875/B permitted the installation of UPVC windows.
5.0 REPRESENTATIONS.
5.1 The Department of Infrastructure Highways Division have stated that there is no highways interest in the application. (19.1.2023).
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6.0 ASSESSMENT
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.
6.3 The existing front door is four panelled UPVC with glazing in its upper panels. The proposed replacement door would match the style of the existing, but would be a UPVC Composite material. Although not traditional, the proposed unit would is considered to be a very mild improvement to the existing door, and therefore that the character of the conservation area would be preserved.
6.4 The application also proposes to remove a rear chimney stack. The stack proposed to be removed sits on the gable of the two storey rear outrigger. The stack is not visible from Berkeley Street, and can only be seen from certain viewpoints along the rear access lane. Given the modest nature of the stack and its position, the removal is not considered to impact the character of the conservation area.
6.5 The final element included within the proposals is the replacement of the existing rear yard gate. It is proposed to replace the existing gate with a stained timber gate in a traditional form. As the materials and form are proposed to be traditional, it is judged that the character of the conservation area would be preserved.
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:
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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: 17.02.2023
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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