**Document:** DEC Officers Report **Application:** 14/00574/B — Installation of replacement windows to ground floor bay windows **Decision:** Refused **Decision Date:** 2014-06-26 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/5207-braddan-flat-1-12-derby-road-windows-replacement/documents/913143 --- # DEC Officers Report Case Officer: Miss Melissa McKnight Photo Taken : Site Visit : Expected Decision Level : Officer Delegation ## Officer's Report 1.1 The application site is the residential curtilage of Flat 1, a ground floor flat, 12 Derby Road which is a four storey mid terraced property sited on the northern side of Derby Road in Douglas. The application site is within the Windsor Road Conservation Area. 2.1 The planning application seeks approval for the replacement of the existing front elevation ground floor timber framed sliding sash windows with UPVC framed tilt and turn windows with the central bay window pane would be fixed. 2.2 The first, second and third floor of the building have UPVC casements window installed as does the two neighbouring properties. 3.1 The application site has been the subject of previous planning applications, none of which is considered materially relevant to the assessment of this current planning application. 3.2 No. 10 Derby Road was granted planning permission in 2004 for the replacement of the existing sliding sash windows with UPVC casements under PA 03/01830/B. NB: This planning application was submitted prior to the Isle of Man Strategic Plan 2007. 3.3 27 Derby Road sought permission for the installation of PVC-framed casement windows in replace of timber framed windows under PA 03/01830/B. This previous planning application was refused as the proposal would be out of keeping with the original architecture, and would not preserve or enhance the appearance of the area. 3.4 3 Derby Road sought permission under PA 04/00302/B for the installation of PVC- [Table omitted in markdown export] framed tilting casements in replace of timber framed sliding sash windows. This previous planning application was refused on the basis that the proposed windows would be unacceptable within the historic fabric in the Conservation Area. 3.5 PA 05/01939/B proposed the installation of UPVC tilt & turn windows to replace three timber top casement windows to the first floor on the front elevation and one to the rear timber top casement window on the rear elevation to a 2nd Floor Flat at 6 Derby Road. This planning application was refused as the PVC-framed tilting casement windows were not successful in terms of appearance and further inappropriate windows as now proposed would not preserve or enhance the appearance of the Conservation Area. 3.6 PA 07/01893/B proposed the replacement of the existing original windows to the front and rear elevations of the second floor with PVC bottom opening casement windows at 8 Derby Road. This planning application was refused on the grounds that the replacement casement windows would be contrary to Environment Policy 35 and Planning Circular 1/98 in that the replacement windows would not preserve or enhance the character and appearance of the Conservation Area, to the detriment of the visual amenities of the locality. 3.7 35 Derby Road sought approval for the replacement of the existing sliding sash windows with white UPVC top opening casement windows into the front elevation of the property under PA 10/01204/B. This previous planning application was refused on the grounds that the installation of UPVC windows would be contrary to General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2007 and Planning Circular 1/98 in that the replacement windows would not preserve or enhance the character and appearance of the Conservation Area and be detrimental to the visual amenities of the locality. 3.8 24 Derby Road proposed the replacement of wooden sliding sash windows with UPVC casement windows under PA 13/00135/B. This previous planning application was refused on the grounds that the replacement windows within the front elevation would be harmful to the character and appearance of the Conservation Area and thus fails to preserve or enhance the character or appearance of the Conservation Area. ### 4.0 Planning Policy 4.1 In terms of local plan policy, the application site is in area recognised as being Predominantly Residential under the Douglas Local Plan Order 1998 Map No. 2 (South). As previously mentioned, the application site is within the Windsor Road 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: #### 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: - (a) is in accordance with the design brief in the Area Plan where there is such a brief; - (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 reserve 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." 4.3 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 original method of opening, whatever the material used in the construction." 5.1 At the time of writing there have been no written representations made regarding the current planning application. 6.1 Given that the application site is within a Conservation Area, it is relevant to assess the impacts of the proposal on the existing appearance of the building and character and quality of the Conservation Area. 6.2 Environment Policy 35 states that development within a Conservation Area will only be permitted if the development would preserve or enhance the character or appearance of the area. Therefore it is imperative that the proposed new windows are an improvement over the existing or at least preserve the character and quality of the area as well as the building itself. 6.3 The existing windows are traditional sliding sash timber framed windows. What is proposed under this scheme would result in this remaining traditional feature being eradicated which in turn results in a detrimental impact upon the character and appearance of the building and character and quality of the Conservation Area. Although the building currently has UPVC casements installed, there appears to be planning permission for these windows and as such were not subject to a planning application and assessment. 6.4 Just because there are existing UPVC framed casement windows in place on the building and on neighbouring buildings that an automatic precedent has been set to allow the installation of further UPVC casement windows within an area where they are not considered acceptable that would inevitably detract from an area that has been including within a Conservation Area. 6.5 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. Whilst the use of UPVC is acceptable and the glazing pattern is essentially the same, the proposed windows do not have the same method of opening as the original. That contradiction of Planning Circular 1/98 is concluded to neither preserve nor enhance the character or appearance of the Conservation Area. Sliding Sash, along with other period windows, are a vital and integral part of the character of a Conservation Area. As such, the proposal therefore fails to satisfy the provisions of Environment Policy 35 of the Isle of Man Strategic Plan 2007. 6.6 The Conservation Officer has viewed the plans and agrees that the proposal fails to preserve or enhance the character and quality of the Conservation Area. 7.0 RECOMMENDATION 7.1 It is recommended that the planning application be permitted. 8.0 PARTY STATUS 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure) (No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application, Highway Services, and the Local Authority in whose district the land the subject of the application sits. ### Recommendation Recommended Decision: Refused Date of Recommendation: 17.06.2014 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals R 1. As the method of opening of the proposed windows would not replicate the method of opening of the original windows the proposal fails to accord with provisions of Planning Circular 1/98 - The Alteration and Replacement of Windows. Furthermore, the proposed windows do not either preserve or enhance the character and appearance of the Conservation Area, as such the proposal fails to accord with the provisions of Environment Policy 35 of the Isle of Man Strategic Plan 2007. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Head of Development Management/ Senior Planning Officer. Decision Made : Refused Date: 2016/14 Determining officer (delete as appropriate) Signed : ... Chris Balmer Senior Planning Officer Signed: ... Michael Gallagher Director of Planning and Building Control Signed: ... Sarah Corlett Senior Planning Officer Signed: ... Jennifer Chance Head of Development Management ## Planning Officer Report And Recommendations [Table omitted in markdown export] [Table omitted in markdown export] ### Officer's Report 1.1 The application site is the residential curtilage of Flat 1, a ground floor flat, 12 Derby Road which is a four storey mid terraced property sited on the northern side of Derby Road in Douglas. The application site is within the Windsor Road Conservation Area. 2.1 The planning application seeks approval for the replacement of the existing front elevation ground floor timber framed sliding sash windows with UPVC framed tilt and turn windows with the central bay window pane would be fixed. 2.2 The first, second and third floor of the building have UPVC casements window installed as does the two neighbouring properties. 3.1 The application site has been the subject of previous planning applications, none of which are considered materially relevant to the assessment of this current planning application. 3.2 No. 10 Derby Road was granted planning permission in 2004 for the replacement of the existing sliding sash windows with UPVC casements under PA 03/01830/B. NB: This planning application was submitted prior to the Isle of Man Strategic Plan 2007. 3.3 27 Derby Road sought permission for the installation of PVC-framed casement windows in replace of timber framed windows under PA 03/01830/B. This previous planning application was refused as the proposal would be out of keeping with the original architecture, and would not preserve or enhance the appearance of the area. 3.4 3 Derby Road sought permission under PA 04/00302/B for the installation of PVC- framed tilting casements in replace of timber framed sliding sash windows. This previous planning application was refused on the basis that the proposed windows would be unacceptable within the historic fabric in the Conservation Area. 3.5 PA 05/01939/B proposed the installation of UPVC tilt & turn windows to replace three timber top casement windows to the first floor on the front elevation and one to the rear timber top casement window on the rear elevation to a 2nd Floor Flat at 6 Derby Road. This planning application was refused as the PVC-framed tilting casement windows were not successful in terms of appearance and further inappropriate windows as now proposed would not preserve or enhance the appearance of the Conservation Area. 3.6 PA 07/01893/B proposed the replacement of the existing original windows to the front and rear elevations of the second floor with PVC bottom opening casement windows at 8 Derby Road. This planning application was refused on the grounds that the replacement of the new windows would be contrary to Environment Policy 35 and Planning Circular 1/98 in that the replacement of windows would not preserve or enhance the character and appearance of the Conservation Area, to the detriment of the visual amenities of the locality. 3.7 35 Derby Road sought approval for the replacement of the existing sliding sash windows with white UPVC top opening casement windows into the front elevation of the property under PA 10/01204/B. This previous planning application was refused on the grounds that the installation of UPVC windows would be contrary to General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2007 and Planning Circular 1/98 in that the replacement of windows would not preserve or enhance the character and appearance of the Conservation Area and be detrimental to the visual amenities of the locality. 3.8 24 Derby Road proposed the replacement of wooden sliding sash windows with UPVC casement windows under PA 13/00135/B. This previous planning application was refused on the grounds that the replacement of windows within the front elevation would be harmful to the character and appearance of the Conservation Area and thus fails to preserve or enhance the character or appearance of the Conservation Area. ### 4.0 Planning Policy 4.1 In terms of local plan policy, the application site is in area recognised as being Predominantly Residential under the Douglas Local Plan Order 1998 Map No. 2 (South). As previously mentioned, the application site is within the Windsor Road 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: #### 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: - (a) is in accordance with the design brief in the Area Plan where there is such a brief; - (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 reserve 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." 4.3 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 original method of opening, whatever the material used in the construction." 5.1 At the time of writing there have been no written representations made regarding the current planning application. 6.1 Given that the application site is within a Conservation Area, it is relevant to assess the impacts of the proposal on the existing appearance of the building and character and quality of the Conservation Area. 6.2 Environment Policy 35 states that development within a Conservation Area will only be permitted if the development would preserve or enhance the character or appearance of the area. Therefore it is imperative that the proposed new windows are an improvement over the existing or at least preserve the character and quality of the area as well as the building itself. 6.3 The existing windows are traditional sliding sash timber framed windows. What is proposed under this scheme would result in this remaining traditional feature being eradicated which in turn results in a detrimental impact upon the character and appearance of the building and character and quality of the Conservation Area. Although the building currently has UPVC casements installed, there appears to be planning permission for these windows and as such were not subject to a planning application and assessment. 6.4 Just because there are existing UPVC framed casement windows in place on the building and on neighbouring buildings that an automatic precedent has been set to allow the installation of further UPVC casement windows within an area where they are not considered acceptable that would inevitably detract from an area that has been including within a Conservation Area. 6.5 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. Whilst the use of UPVC is acceptable and the glazing pattern is essentially the same, the proposed windows do not have the same method of opening as the original. That contradiction of Planning Circular 1/98 is concluded to neither preserve nor enhance the character or appearance of the Conservation Area. Sliding Sash, along with other period windows, are a vital and integral part of the character of a Conservation Area. As such, the proposal therefore fails to satisfy the provisions of Environment Policy 35 of the Isle of Man Strategic Plan 2007. 6.6 The Conservation Officer has viewed the plans and agrees that the proposal fails to preserve or enhance the character and quality of the Conservation Area. ### 7.0 Recommendation 7.1 It is recommended that the planning application be permitted. ### 8.0 Party Status 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure) (No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application, Highway Services, and the Local Authority in whose district the land the subject of the application sits. ### Recommendation **Recommended Decision:** Refused **Date of Recommendation:** 17.06.2014 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals R 1. As the method of opening of the proposed windows would not replicate the method of opening of the original windows the proposal fails to accord with provisions of Planning Circular 1/98 - The Alteration and Replacement of Windows. Furthermore, as the proposed windows do not either preserve or enhance the character and appearance of the Conservation Area, as such the proposal fails to accord with the provisions of Environment Policy 35 of the Isle of Man Strategic Plan 2007. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Head of Development Management/ Senior Planning Officer. **Decision Made** : Refused **Date** : 20/6/14 **Determining officer (delete as appropriate)** --- *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/5207-braddan-flat-1-12-derby-road-windows-replacement/documents/913143*