Officer Report

Application No.: 18/00635/B Applicant: John William Killey Proposal: Replacement of existing windows on front elevation with sliding sash UPVC units Site Address: 43 Woodbourne Road Douglas Isle of Man IM2 3AD Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 24.09.2018 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• 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.For the avoidance of doubt the application hereby approved for the installation of the sliding sash windows to the front elevation are on the basis on a 'like for like' basis in terms of the method of openings (excluding side bay windows), include true arched frames to the first and second floor windows and decorative horns. Reason: To ensure the satisfactory preservation of the Conservation Area Plans/Drawings/Information: This approval relates to the submitted documents and drawing all received on 14th June 2018. _______________________________________________________________

Interested Person Status – Additional Persons

It is recommended that the following persons should not be given Interested Person Status as they are considered not to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

The IOM Victorian Society as they do not satisfy any of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018). _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the curtilage of 43 Woodbourne Road, Douglas which is a traditional two storey mid-terraced property located on the western side of Woodbourne Road and opposite the Freemasons Hall.

2.0 THE PROPOSAL - 2.1 The application seeks approval for replacement of existing timber sliding sash windows on front elevation with sliding sash UPVC units.

- 3.0 PLANNING STATUS AND POLICY

3.1 In terms of local plan policy, the application site is predominately residential under the Douglas Local Plan Order 1998 and Area Plan for the East. The application site falls within the Windsor Road Conservation Area. - 3.2 The Strategic Plan contains the following policies which are relevant in the determination of this application: - 3.3 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;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

3.4 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." - 3.5 This echoes the policies of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man.

3.6 Planning Circular 1/98 also contains advice about the replacement of windows:

"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."

- 4.0 PLANNING HISTORY

4.1 This property has not been the subject of a number of previous applications. - 5.0 REPRESENTATIONS

5.1 The IOM Victorian Society make the following summarised comments (10.08.2018); congratulate the applicant for choosing sliding sash windows; raise concerns of the details provided comments it is either incorrect or missing.

5.2 Douglas Borough Council raise no objection (23.07.2018). - 6.0 ASSESSMENT

6.1 The main issue to be considered in the assessment of this application is the impact of the proposed development upon the character and appearance of the Conservation Area and the individual property.

6.2 The Planning Authority has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they 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. Further, Planning Circular 1/98 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.

6.3 The alterations to the front elevation are the most important in this case, being the elevation which is most publically viewable and elevation which is most important in terms of the character and appearance of the Conservation Area. The existing method of opening (i.e. sliding sash) are being replaced on a likely for like basis, albeit in uPVC which is acceptable.

6.5 Overall, it is considered the proposed works would preserve the character and appearance of the existing property and therefore also the Conservation Area and therefore the proposal would comply with Environment Policy 35 of the Isle of Man Strategic Plan and Planning Circular 1/98. - 7.0 CONCLUSION

7.1 The application is recommend for an approval. 8.0 PARTY STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;

• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

8.2 The Planning Committee must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 24.09.2018 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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