**Document:** Officer Report 09/00413/R
**Application:** 09/00413/R — Retention of boxed basement lightwell window to serve as a fire escape
**Decision:** Refused
**Decision Date:** 2009-05-22
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/62613-braddan-14-mona-windows/documents/1373543

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# Officer Report 09/00413/R

**Application No.:** ** 09/00413/R **
**Applicant:** ** Kinnell Construction **
**Proposal:** ** Retention of boxed basement lightwell window to serve as a fire escape **
**Site Address:** ** 14 Mona Street, Douglas, Isle Of Man, IM1 2QD ### Considerations **Case Officer:** Mr Ian Brooks **
**Photo Taken:** ** - **
**Site Visit:** ** - **
**Expected Decision Level:** ** Senior Planning Officer ### Written Representations ### Consultations **Consultee:** Highways Division **Notes:** **Consultee:** Douglas Corporation **Notes:** No objection

### Officer's Report

#### Site

The application site is a three storey dwellinghouse which is situated on the northern side of Mona Street. The site is located within a predominantly residential area and within the Windsor Road Conservation Area. To the east of the application site is the property of No.12 Mona Street and to the west, is the property of No.16 Mona Street.

#### Proposed Development

The application is for the retention of an uPVC box framed window has also been installed on the front of the property.

#### Planning Status And Relevant Policies

Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2 and Environment Policy 35.

**Environment Policy 35** states that "Within Conservation Areas, the Department will permit only development which 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."

**Section 18 (4) of the Town and Country Planning Act 1999** states that "Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or

13 May 2009

09/00413/R

enhancing it character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act."

Within Planning Policy Statement 1/01, the following policies are considered to be relevant in the determination of this application: CA/2

## Planning History

The following previous applications are considered relevant in the consideration of this application: 09/00408/B - Installation of a timber front door with glazed panel - pending consideration. 09/00098/R - Installation of replacement front door and frame - Planning Committee declined to consider the application.

07/01688/R - Retention of uPVC front door and surrounding frame - refused 3rd January 2008 07/01690/R - Alterations, retention of uPVC casement windows to front and external access and stairs to rear elevation - Permitted - 3rd January 2008

06/02172/R - Retention of uPVC windows to front elevation - withdrawn 04/00473/B - (a) Installation of uPVC sliding sash windows to replace existing on front elevation refused 14th May 2004

04/00473/B/Part - (b) Installation of uPVC sliding sash windows to replace existing on rear elevation - permitted 14th May 2004

03/1841/B - Conversion of dwelling to 3 apartments, demolition of outbuildings and creation of 2 rear parking spaces - granted on appeal 02nd August September 2004

### Representations

Douglas Corporation has not objected to the application.

### Assessment

Section 18 (4) of the Town and Country Planning Act 1999 states that "Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing it character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act.

The applicant's agent has indicated that:
"At the time of PA 07/01690/B which, inter alia, approved the installation of upvc windows with a traditional pattern of fenestration Kinnell Construction offered to change the shape of the basement light window from a box to an angle design."
"Subsequent consultations with the manufacturer Phoenix Window and the Senior Building Control Officer of DOLGE have established that [t]his may not be undertaken as it

- does not provide a safe means of exit for the basement flat (approved under PA(see letter dated 9th October 2006 from Mr K. Minto) as required under Building and Fire Regulations (see attached letter dated 25th February 2009 from Mr S. Rowaichi Senior Building Control Officer) as it could not be opened [sic];
- could not be made weatherproof; and
- could not be practically supplied and fitted (see letter dated 12th February 2009 from Mr B. Logan).
The proposal is therefore to retain the existing upvc box window."

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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/62613-braddan-14-mona-windows/documents/1373543*
