**Document:** Officer Report
**Application:** 25/90824/B — Replacement of windows and door to front elevation
**Decision:** Permitted
**Decision Date:** 2025-10-08
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/33366-braddan-b4-and-after-replacement-windows/documents/1147227

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# Officer Report

**Application No.:** 25/90824/B
**Applicant:** Nicola Marshall
**Proposal:** Replacement of windows and door to front elevation
**Site Address:** B4 And After 20 Broadway Douglas Isle Of Man IM2 4EL
**Planning Officer:** Vanessa Porter
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 01.10.2025 _________________________________________________________________

## 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 proposed windows and door / door alterations are acceptable by ultimately preserving the overall Conservation Area and Streetscene, as such 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 1st September 2025;

- o Site Plan
- o Location Plan
- o Window and door quotation
- o Proposed door details
- o Photographs of front elevation with annotation
- o Covering Letter

## Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal: Douglas City Council - No Objection

_________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is the residential curtilage of B4 and After, which is a shop situated to the ground floor level of No.20 Broadway, Douglas, which is situated to the North East of Broadway. The site is a semi detached property, of which the shop area is situated forward of the main property. - 1.2 B4 and After is part of a block of 4 shops which have a range of different frontages. The existing property have a bay window to the front which consists of three windows to the front and one window to the side, split into a two planes with the upper being smaller than the lower and both being fixed, a main door with top light and large side window, which is fixed. THE PROPOSAL

2.1 The current planning application seeks approval for the replacement of the windows within the bay, the front door with the top light and the side window. All windows proposed are uPVC top opening casements bar the side to the bay window. The proposed new door is to have a large amount of patterned glazing to the upper and middle part of the door. PLANNING HISTORY - 3.1 There are no previous applications which are relevant to the assessment of this application. PLANNING POLICY - 4.1 The site lies within an area zoned as "Mixed Use" on the Area Plan for the East, Map 4 Douglas. The site is situated within a Conservation Area but not a Flood Risk Zone.

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. - 4.3 Also relevant to the assessment of the application is General Policy 2 of the Isle of Man Strategic Plan 2016 which sets out "development control" considerations.

REPRESENTATIONS

5.1 The following representations can be found in full online;

5.2 Douglas City Council have considered the proposal and state, "No Objections." (15.09.25) - 5.3 The following consultees were consulted on the 1st September 2025 of which no response has been received at the time of writing this report;

- - Highway Services
- - Manx National Heritage
- - Manx Utilities Authority - Electricity
- - Registered Buildings Officer ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are:

- - Section 18(4) test - Character
- - Section 18(4) test - Appearance

## - 6.2 SECTION 18(4) TEST - CHARACTER

- 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 When looking at the character of the streetscene, as stated in section 1 of this report the existing site is situated within a block of four shops, with the proposed windows being situated within a public vantage point.
- 6.2.3 Whilst the proposed windows are not a like for like replacement of the existing windows, the proposal is not altering the existing apertures or how the site is viewed within the streetscene, which is, still a shop. As such the character of the overall Conservation Area is not being impacted by the works.

## - 6.3 SECTION 18(4) TEST - APPEARANCE

- 6.3.1 Ordinarily such a proposal would be against Section 18(4) of the Town and Country Act

(1999), Environment Policy 35 of the Isle of Man Strategic Plan 2016 and Planning Circular 1/98, due to the proposed windows not replicating the existing windows.

- 6.3.2 Whilst the above is noted, overall the shops within this section of the Conservation Area, are not original in appearance and do not enhance the overall Conservation Area, as such whilst the windows are not a true replica of the existing windows, the casements to the upper half are acceptable and ultimately will preserve the overall Conservation Area.
- 6.3.3 The proposed door and the additional width of the door is acceptable and will preserve the overall Conservation Area.
- 6.3.4 Planning Circular 1/98 states that there is no preference in the material used in windows within a Conservation Area as such the proposed uPVC windows are recognised as an acceptable alternative to timber, which will preserve the Conservation Area.

## CONCLUSION

7.1 Overall the proposed windows are not a like for like replication of the existing windows, whilst this is the case, the proposed windows will preserve the overall Conservation Area as they will not impact the Conservation Area above and beyond what is currently in place.

7.2 As such with the above in mind 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. RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

8.2 Article A10 sets out that the right to appeal is available to:

- o applicant (in all cases);
- o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
- o any other person who has made an objection that meets specified criteria.

8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

- o any appellant or potential appellant (which includes the applicant);
- o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
- o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
- o in the case of a petition, a single representative.

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 and/or rights to appeal.

Decision Made : Permitted Date: 01.10.2025 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.

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*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/33366-braddan-b4-and-after-replacement-windows/documents/1147227*
