**Document:** Prior Refusal Notice 13/00135/B
**Application:** 13/91369/B — Installation of replacement windows to front and rear elevations
**Decision:** Permitted
**Decision Date:** 2014-02-05
**Parish:** Braddan
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/5091-braddan-24-derby-road-windows-replacement/documents/1295085

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# Prior Refusal Notice 13/00135/B

Ashville Holiday Flats
Mr G M & Mrs S Stewart
1-B Sydney Terrace
Edinburgh
Scotland
EH7 6SR

## Town and Country Planning Act 1999

### The Town and Country Planning (Development Procedure) Order 2005

On 12th March 2013, and in pursuance of powers granted under the above Act and Order, the Department of Infrastructure determined to REFUSE planning application 13/00135/B by Ashville Holiday Flats for the Installation of replacement windows and doors at 24 Derby Road Douglas Isle Of Man IM2 3ET for the following reason(s):

1. Whilst the proposed replacement doors and proposed replacement windows within the rear elevation of the property are acceptable the proposed replacement windows within the front elevation would be harmful to the character and appearance of the Conservation Area within which the application site is located. Specifically, although the use of uPVC is acceptable and the glazing patterns are essentially the same the proposed windows within the front elevation, which is readily visible from a public thoroughfare, do not have the same method of opening as the original windows. That is contrary to the provisions of Planning Circular 1/98 in respect of replacement windows within Conservation Areas, which requires the method of opening to be the same as the originals. The proposal fails to preserve or enhance the character or appearance of the Conservation Area. As such, the proposal is contrary to the provisions of Environment Policy 35 of the Isle of Man Strategic Plan 2007.

Date of Issue: 14th March 2013

M Gallyher
Director of Planning and Building Control

Guidance Note

This decision was made by a Senior Planning Officer in accordance with the authority delegated to them.

Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

1391369
RECEIVED ON
19 NOV 2013
DEPARTMENT OF
INFRASTRUCTURE

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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/5091-braddan-24-derby-road-windows-replacement/documents/1295085*