**Document:** DEC Officer Report **Application:** 24/00267/B — Installation of a replacement window **Decision:** Permitted **Decision Date:** 2024-04-11 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/32086-braddan-flat-3-20-hutchinson-square-windows-replacement/documents/1056917 --- # DEC Officer Report ## PLANNING OFFICER REPORT AND RECOMMENDATION **Application No.:** 24/00267/B **Applicant:** Ms Tara Leneghan **Proposal:** Installation of a replacement window **Site Address:** Flat 3 20 Hutchinson Square Douglas Isle Of Man IM2 4HS Technical Officer: Thomas Sinden **Expected Decision Level:** Officer Delegation **Recommended Decision:** Permitted **Date of Recommendation:** 09.04.2024 ## 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 window is proposed to match the existing window. The application is therefore judged to be acceptable. Plans/Drawings/Information; This decision relates to the proposed windows specification and other supporting information submitted on 23.2.2024. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ ## - 1.0 THE SITE ## Officer’s Report 1.1 The site is Flat 3, Hutchinson Square, Douglas. The property within the Douglas (Ballaquayle Road) Conservation Area. 2.0 THE PROPOSAL - 2.1 The application proposes the replacement of a second floor window on the rear outrigger, on the north-eastern elevation of the property. The existing window is a one over one top opening casement unit with a UPVC frame. The proposed replacement window would be like for like in form, opening method and materials. 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 (Ballaquayle Road) 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 - 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 no applications on the Department's electronic database that are judged relevant to the current replacement windows application. 5.0 REPRESENTATIONS. - 5.1 Douglas Borough Council have stated that they have no objections to the application (18.3.2024). - 5.2 The Department of Infrastructure Highways Division have stated that there is no highways interest in the application (11.3.2024). 6.0 ASSESSMENT Statutory Test - 6.1 Section 18 of the Act states that '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'. This application proposes to replace the existing window in a like for like manner. As this accords with the windows guidance in planning circular 1/98, it is considered that the proposals preserve the character of the conservation area. - Policy Tests - 6.2 The replacement window proposed in this application would match the existing opening method, and the existing pattern and section of glazing bars. With this in mind, the proposals are judged to meet the guidance within planning circular 1/98. As it is proposed that the window be replaced in a like for like manner, it is also judged that the application would protect and preserve the character of the conservation area and respect the character of the surrounding townscape. 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 window is proposed to match the existing window. 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 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 : 10.04.2024 Determining officer Signed : S BUTLER Stephen Butler Head of Development Management Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records. --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/32086-braddan-flat-3-20-hutchinson-square-windows-replacement/documents/1056917*