**Document:** DEC Decision Notice **Application:** 13/00674/B — Installation of replacement windows to front elevation **Decision:** Permitted **Decision Date:** 2013-07-18 **Parish:** Braddan **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/4499-braddan-15-hildesley-road-windows-replacement/documents/911291 --- # DEC Decision Notice ## Isle of Man Government Re:lity: Elion Vannin Everest Ltd Unit M3 Mosshill Industrial Estate Ayr KA6 6BE ### Town and Country Planning Act 1999 ### The Town and Country Planning (Development Procedure) Order 2005 In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Mrs Lucy Hay, Ref 13/00674/B, for the installation of replacement windows to front elevation at 15 Hildesley Road Douglas Isle of Man IM2 5AU subject to compliance with the following condition(s): 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. 2. The development hereby permitted shall not be carried out unless in full accordance with the following plans, received 4th July 2013: the Location Plan (ref.: 1); the Elevational Drawing (ref.: 3), and the details submitted by the window manufacturer (ref.: 4) and Part 8 of the Application Form to which this approval relates. Date of Issue: 18th July 2013 ### M balloghe Director of Planning and Building Control ### Guidance Note This decision was made by the Director of Planning and Building Control in accordance with the authority delegated to him. This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005. 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. An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department. The proposed development must not be commenced until either; - The time for requesting an appeal has expired; or - Any appeal has been determined; Whichever is the later. If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application 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. Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; planning@gov.im 13/00674/B ## Planning Officer Report And Recommendations [Table omitted in markdown export] ## Officer's Report ### 1.0 The Application Site 1.1 The application site is the curtilage of 15 Hildesley Road, Douglas, which is a two storey terraced building sited on the southwestern side of the highway and within the Selbourne Drive Conservation Area. 1.2 Hildesley Road is characterised by a strong structural symmetry in its development patterns, with red brick terraced dwellings defining the streetscene. The unusual crenellated roofline provides a particularly unusual and dominating design marker. Number 15 is roughly one third of the way along the terrace in which it sits. ### 2.0 The Proposal 2.1 The planning application seeks the approval for the replacement of the existing five white uPVC casement windows on the front elevation of number 15 Hildesley Road with five white uPVC casement windows. ### 3.0 Planning History 3.1 The application site has been the subject of one previous planning application that is considered relevant to the assessment of this planning application: - 09/01115/B – installation of replacement front door - APPROVED ### 4.0 Planning Policy 4.1 In terms of local plan policy, the application site is designated as "Predominantly Residential" under the Douglas Local Plan Order 1998 Map No. 2 (South). As already noted, the application site is within a Conservation Area. 4.2 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. 4.3 The relevant extracts from General Policy 2 state: '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; (d) does not affect adversely public views of the sea; (e) does not affect adversely the amenity of local residents or the character of the locality'. 4.4 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'. 4.5 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 reads: '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 original method of opening, whatever the material used in the construction'. ## 5.0 Representations 5.1 Douglas Borough Council has no objection to this planning application. #### 6.0 Assessment 6.1 Planning approval is sought for replacement windows to the entire front elevation of a residential dwelling in a Conservation Area. The important issue to consider in the assessment of this planning application is how the replacement windows would impact on the streetscene of Hildesley Road itself and the Selbourne Drive Conservation Area in general. 6.2 The proposed new double glazed windows would replicate what the existing in terms of style, colour and opening method. Unfortunately, while it is clear that the existing windows are not the original windows, no information exists as to the opening type/material/colour of the dwelling's original windows and, therefore, the term "original" as set out in Planning Circular $1 / 98$ is in this case considered synonymous with "existing". As the proposed windows would be casement, they would replicate the existing opening method and therefore the proposal is in accordance with the provisions of Planning Circular 1/98. 6.3 The proposed replacement windows are not considered to deter from the character and quality of the Conservation Area given their method of opening and the presence of other uPVC-framed windows within the immediate locality. It is considered that the proposed windows, while not the best design solution for the dwelling, are far from the worst examples on Hildesley Road and as such the proposal can be justifiably considered to enhance the character of the Conservation Area. In addition, the relevant planning history for the site demonstrates that the principle for uPVC materials are long-established (the 2009 approval related to a like-for-like replacement of a uPVC front door). 6.4 It should be noted that only in Part 8 of the application form is the proposed colour (white) and opening method (casement) for the windows given; the submitted details alongside the application form do not detail the colour. As such, should approval be forthcoming, it is considered the application form itself should be referred to in the Condition specifying the approved plans. 6.5 Overall, it is considered that the planning application does not conflict with General Policy 2 or Environment Policy 35 of the Isle of Man Strategic Plan 2007 or Planning Circular $1 / 98$. 6.6 The planning application is not considered to affect any other material planning consideration. ## 7.0 Recommendation 7.1 As no harm is considered to arise from the proposals, a recommendation of approval is made. #### 8.0 Party Status 8.1 The local authority, Douglas Borough Council, is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered an "interested person" and as such should be afforded party status. ## Recommendation Recommended Decision: Permitted Date of 17.07.2013 Recommendation: ### 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. The development hereby permitted shall not be carried out unless in full accordance with the following plans, received 4th July 2013: the Location Plan (ref.: 1); the Elevational Drawing (ref.: 3), and the details submitted by the window manufacturer (ref.: 4) and Part 8 of the Application Form to which this approval relates. 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 : $\qquad$ Determining officer (delete as appropriate) Signed : $\qquad$ Anthony Holmes Senior Planning Officer Signed : $\qquad$ Michael Gallagher Director of Planning and Building Control Signed : $\qquad$ Sarah Corlett Senior Planning Officer Signed : $\qquad$ Jennifer Chance Development Control Manager PA13/00674/B Mrs Lucy Hay Installation of replacement windows to front elevation, 15 Hildesley Road Douglas Isle Of Man IM2 5AU Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 10.06.2013, includes; Conservation Areas: Cons Areas: Selbourne Drive Cons Are Dev Control Polygons: Reference Number: 09/01115/B Status: Permitted Proposal: Installation of replacement front door Reference Number: 00/00231/B Status: Permitted Proposal: Erection of conservatory --- *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/4499-braddan-15-hildesley-road-windows-replacement/documents/911291*