**Document:** DEC Decision Notice **Application:** 24/00568/B — Installation of replacement windows to front elevation **Decision:** Permitted **Decision Date:** 2024-07-10 **Parish:** Braddan **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/32545-braddan-22-kensington-road-windows-replacement/documents/1064675 --- # DEC Decision Notice Mr Christopher & Mrs Sylvia Richard 22 Kensington Road Douglas Isle Of Man IM1 3EP TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019 In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Mr Christopher & Mrs Sylvia Richard, Ref 24/00568/B, for the Installation of replacement windows to front elevation at 22 Kensington Road Douglas Isle Of Man IM1 3EP . Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes). - 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. - 2. The dark coloured film proposed applied to the non-opening top grid section as shown on the LDGlazing quote shall be applied and be retained thereafter. Reason: For clarity and to ensure an existing feature is replicated to protect the character within the Conservation Area in accordance with Strategic Policy 3 and Environment Policy 35 of the Isle of Man Strategic Plan 2016. This decision relates to the following detail, plans and drawings received on the 14th of May 2024; - - Location Plan - - Site Plan - - Numbered photographs of each window and door for replacement - - Photograph of the mid-terrace property - - Window detail quote by LD Glazing dated 27.03.2024 This decision has been made for the following reasons(s) The proposal replicates the existing windows frames sufficiently in proportion and although the openings are different the method of opening reduces the thickness of the bars thus providing a visual closer to that which exists. Having regard to Section 18(4) of the Town and Country Act (1999), Planning Policy Statement 1/01 and Planning Circular 1/98 the proposal causes slight harm but overall preserves the Conservation Area and is therefore acceptable. The proposal accords with the aims and objectives of Environment Policy 35 and General Policy 2 of the Isle of Man Strategic Plan 2016 and the Design Guide. Date of Issue: 10th July 2024 J CHANCE Director of Planning and Building Control Guidance Note This decision was made by a Principal Planner in accordance with the authority delegated to them. This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation. A copy of the Officer’s report and any correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas. Implementation The decision does not become final until either Any appeal has been concluded; or 21 days have passed since the date on this notice and no appeal has been submitted Development must progress in accordance with the plans approved under, and any conditions attached to this approval (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation. Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action. Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain: the grounds for making the appeal; payment of the planning appeal fee (currently £335); and if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £125). Where the appeal is submitted by the applicant they must: specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined. Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated. An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application (should one have been received) may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice. --- *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/32545-braddan-22-kensington-road-windows-replacement/documents/1064675*