**Document:** Officer Report Recommendation
**Application:** 12/00197/B — Installation of replacement windows to rear elevation
**Decision:** Permitted
**Decision Date:** 2012-03-27
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/2334-braddan-15-demesne-road-windows-replacement/documents/1266069

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# Officer Report Recommendation

Case Officer: Miss Melissa McKnight Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

## Officer's Report

### The Application Site

1. The application site is the residential curtilage of 15 Demesne Road, a traditional three storey Victorian terraced dwelling with an attic conversion representing a fourth floor which is served by a plastic framed modern dormer on the rear pitch. 15 Demesne Road is sited on southern side of Demesne Road in Douglas and adjoins No. 17 Demesne Road to the east.
2. There is a one way system implemented on Demesne Road from south west to north east and adjoins Woodbourne Road at the top. Demesne Road can be accessed from Merton Road which runs parallel to the south of the application site.
3. The terrace is part of the Woodbourne Road Conservation Area and is characterised by three storey dwellings with ground floor bay windows. 15 Demesne Road is finished in a smooth cream render with decorative white bordering above each of the window levels along with arch decorations above each of the window.
4. The boundary treatment of the existing dwelling comprises a low concreted wall with a decorative balustrade. The west elevation boundary comprises a high wall with the rear elevation a high brick wall with topped with natural vegetation.

### The Proposal

5. The proposal comprises the replacement of the timber sliding sash windows to rear elevation with white double glazed UPVC top opening casement windows. The new proposed windows are to be installed within the existing window apertures.

### Planning History

6. The application site has been the subject of a number of previous planning applications, none of which considered specifically material to the assessment of this current planning application.

### Planning Policy

[Table omitted in markdown export]

7. In terms of local plan policy, the application site is predominantly residential under the Douglas Local Plan Order 1998 Map No. 2 (South). The application site also falls within the Woodbourne Road Conservation Area.

8. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application.

General Policy 2 states:

"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

- (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
- (c) does not affect adversely the character of the surrounding landscape or townscape;
- (g) does not affect adversely the amenity of local residents or the character of the locality;

Environmental Policy 35 states:

"Within Conservation Areas, the department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

9. In terms of Planning Circular 1/98: The Alteration and Replacement of Windows sets down the policies in respect of the alteration or replacement of windows. (Part 6 Category b) Buildings in Conservation Areas states:

"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.

Windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material used in the construction."

REPRESENTATIONS

10. At the time of writing there have been no written representations made regarding the planning application.

## ASSESSMENT

11. There are a number of key issues to consider in the assessment of this planning application. One key issue is the impact of the proposal on the visual amenities of the local residents within the locality of Demesne Road. Another issue to consider is the impacts that the replacement windows will have on the existing dwelling and finally the repercussions of the proposed new windows on the Conservation Area.

12. Given the position of the proposed new UPVC windows at the rear of the existing dwelling it is judged that the proposal will have a limited impact on the visual amenities of the local residents within the Demesne Road area. The windows at the rear of the property are not readily visible from the public thoroughfare and therefore the proposed replacement windows are considered acceptable.

13. It is considered that the proposed new UPVC top opening windows to the rear of the dwelling will neither enhance nor preserve the external appearance of the dwelling but they are at the rear and the guidance provides for flexibility in such conditions. It is therefore judged that the proposal will have a limited impact the exterior appearance of the existing dwelling.

14. Environment 35 sets out the policy in regards to development within a Conservation Area. The policy states that development would only be permitted within a Conservation Area in the development would preserve or enhance the character or appearance of the area and the area is protected against inappropriate development. It is judged that the replacement of the existing windows with UPVC top opening windows would not be detrimental or harmful to the views from the Conservation Area given the position of the proposal at the rear elevation.

15. Planning Circular 1/98 – The Alteration and Replacement of Windows sets out the policy in respect of the alteration or replacement of windows. Part 6 Category b of this planning circular specifically deals with buildings within Conservation Areas. This states that replacement windows must have the same method of opening as the originals and windows not readily visible from the public thoroughfare must have the same or similar pattern of glazing bars as the original method of opening, whatever the material used. Whilst the proposed windows do not have the same pattern of glazing bars as the originals - ie they lack a vertical external bar, the windows are at the rear which is not generally visible and where there is already a modern dormer and the exact detailing of the windows are less important.

17. Overall, it is concluded that the planning application is in accordance with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan and the spirit of Planning Circular 1/98 – The Alteration and Replacement of Windows Part 6 Category b.

### Recommendation

18. It is recommended that the planning application be permitted.

### Party Status

19. The local authority is, Douglas Borough Commissioners, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status.

### Recommendation

**Recommended Decision:** Permitted

**Date of Recommendation:** 22.03.2012

### Conditions and Notes for Approval / Reasons and Notes for Refusal

**C : Conditions for approval**
**N : Notes attached to conditions**
**R : Reasons for refusal**
**O : Notes attached to refusals**

C 1.

The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2.

This approval for the installation of replacement windows to the rear elvation relate to drawing no 12 900 1 and Photograph No 1, 2, 3, 4 and 5 all date stamped 8th February 2012.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date: 23-3-12

### Determining officer (delete as appropriate)

Signed: _________________________
Anthony Holmes
Senior Planning Officer

Signed: _________________________
Michael Gallagher
Director of Planning and Building Control

Signed: _________________________
Sarah Corlett
Senior Planning Officer

Signed: _________________________
Jennifer Chance
Development Control Manager

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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/2334-braddan-15-demesne-road-windows-replacement/documents/1266069*
