**Document:** DEC Officers Report **Application:** 14/00728/B — Installation of replacement windows to front elevation **Decision:** Permitted **Decision Date:** 2014-07-31 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/5237-braddan-5-drury-terrace-windows-replacement/documents/913228 --- # DEC Officers Report Case Officer: Miss S E Corlett Photo Taken: Site Visit: Expected Decision Level: Officer Delegation ### Officer's Report #### The Site 1.1 The site is the curtilage of an existing three storey property which lies on the western side of Drury Terrace which is part of the Broadway - Ballaquayle Road route. The dwelling is a mid terrace dwelling amid a row of almost identical but stepped properties. Some have their original iron railings around the first floor bay and others have been removed and one replaced with a concrete balustrade. The terrace is a range of colours and all the properties have sliding sash windows. #### The Proposal 2.1 Proposed is the installation of replacement windows in the front elevation in the form of sliding sashes framed in uPVC and with no subsidiary glazing bars to match the existing. Details are provided of curved headed windows which would be appropriate in the first floor of the property where the window apertures are of this shape. #### Planning History 3.1 Planning approval was refused for the conversion of the property to a day nursery and was refused. 3.2 Also relevant is PA 12/01170 which proposed the installation of replacement sliding sash windows at number 1 and was approved. #### Planning Status And Policy 4.1 The site lies within an area of Predominantly Residential land use on the Douglas Local Plan of 1998. The site also lies within the Ballaquayle Conservation Area. Planning Circular 1/98 which provides advice on the replacement of windows and states the following which is relevant in this case: #### "Buildings In Conservation Areas 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." [Table omitted in markdown export] 4.2 Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." ### Representations 5.1 Douglas Borough Council indicate that they do not oppose the application. ### Assessment 6.1 As the property lies within a Conservation Area it is important that any changes to the building conserve and if possible enhance the appearance and character of the building. In this respect, the installation of sliding sash windows, even though the frame material is not the original timber, will achieve the preservation of the character of the property and be consistent with the decision taken in respect of number one. 6.2 The applicant has had significant discussion with the Conservation Office of this Department who have confirmed that the frame of the window must match that of the aperture in which the window is to be installed. As such the applicant has reluctantly agreed to install curved headed framed sliding sashes. She is concerned at the additional cost with no grant assistance available to help with this and the fact that identical windows have been installed at number 1 - PA 12/01170. The report and decision does not refer to the curve of some of the window heads and as such what was installed was a flat headed window with the curved area above filled in. 6.3 In meeting with the applicant to explain our preference for frames which match the aperture, the Conservation Assistant has explained the lack of detail in the application and the decision and that in order to replicate the existing as is required by the policy the new windows ought to have curved heads. The applicant has agreed to this. 6.4 As such the proposal complies with the Department’s policies and is recommended for approval. ### Party Status 7.1 The local authority, Douglas Borough Corporation are, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status. 7.2 Department of Infrastructure Highway Services is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 21.07.2014 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 C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. C 2. Notwithstanding the 'X' on the submitted brochure that shows a standard sash window, this approval relates to the installation of a 'Swept Head' sliding sash windows where the shape of the new window matches that of the aperture in which they are to fit. REASON: to protect the character of the property which lies within a Conservation Area. This approval relates to the drawings and information received on 16th June, 2014 as updated by the email from Stephen Maguire to Sarah Corlett dated 21 July 2014. 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 : Permitted Date : 25/7/14 Determining officer (delete as appropriate) Signed : ... Chris Balmer Senior Planning Officer Signed : ... Michael Gallagher Director of Planning and Building Control Signed : ... Jennifer Chance Head of Development Management [Table omitted in markdown export] ### Officer's Report #### The Application Site 1. The application site is the residential curtilage of a four storey end-of-terrace Victorian property on Drury Terrace in Douglas. The site is located within a Conservation Area. It is located on a corner site and has a set of spherical bay windows protruding from the corner of the building at all floor levels. The property has a pitched tiled roof with the external walls finished in smooth painted render. Some modest cornicing exists above window apertures on the front elevation and between floor levels. All windows are timber framed with 50/50 proportions and have sliding-sash openings. Some window apertures have arched heads. #### The Proposal 2. Proposed is the installation of replacement windows to all elevations. The replacement windows will be constructed from white uPVC and have 50/50 proportions with sliding-sash openings. #### Planning History 3. The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application. #### Planning Policy 4. The application site falls within an area designated for Predominantly Residential use in the Douglas (North) Local Plan 1998. The site also falls within the later designated Douglas (Ballaquayle Road) Conservation Area in 2003. 5. 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". Environment 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." 6. Planning Circular 1/98, The alteration and replacement of windows, the policy for 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 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 7. Douglas Borough Council has no objection to the proposal. ### Assessment 8. The proposed windows will retain the same glazing bar pattern and opening-method as the existing windows. Although the material of the frames will differ from the existing, the proposal still complies with the policy requirements in Planning Circular 1/98. The windows will retain the same character and a similar appearance to the existing and therefore it is considered the proposal will enhance the appearance and character of the Conservation Area and street-scene. In conclusion, the proposal complies with the relevant provisions in General Policy 2 and Environment Policy 35 in the Isle of Man Strategic Plan 2007, the policy for category b) buildings in Planning Circular 1/98. ### Recommendation 9. It is recommended that the planning application be approved. ### Party Status 10. It is considered that the following parties that made representations to the planning application should be afforded interested party status: The local authority, Douglas Borough Council are, 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 ## 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 relates to the installation of replacement sliding-sash windows, as shown in drawing no. 137/01/01 and 137/01/03, both received on 20th August 2012. 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: Permitted Date: ... ## Determining officer (delete as appropriate) Signed: ... Chris Balmer Senior Planning Officer Signed: ... Michael Gallagher Director of Planning and Building Control Signed: ... Jennifer Chance Head of Development Management --- *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/5237-braddan-5-drury-terrace-windows-replacement/documents/913228*