1 October 2020 · Delegated
Dorian, 33, Albany Road, Douglas, Isle Of Man, IM2 3ne
The application sought permission to replace windows and doors at 'Dorian', a one-and-a-half storey corner property on Albany Road, Douglas, situated within the Selborne Drive Conservation Area. The Selborne area is characterised by late Victorian and Edwardian properties sharing distinctive features such as sliding sash windows, curved eaves soffits, square bayed windows, and peaked gables. The officer noted that while the proposed doors were not considered harmful enough on their own to warrant refusal, the replacement windows were a different matter. Their material, opening methods, and pattern were judged incompatible with the streetscene and the wider conservation area. The application failed Environment Policy 35, General Policy 2, and Planning Circular 1/98, all of which require development in conservation areas to preserve or enhance their character and appearance.
The replacement windows were refused because their material, opening methods, and pattern would neither preserve nor enhance the character or appearance of the Selborne Drive Conservation Area or the surrounding streetscene. This failed the conservation area tests set out in Environment Policy 35, General Policy 2, and Planning Circular 1/98. The proposed doors alone were not considered harmful, but the windows were decisive.
Refusal Reasons
Environmental Policy 35
fail Environment Policy 35
Environment Policy 35: 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. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.
General Policy 2
General Policy 2: 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. 6.3 Development outside of areas zoned for development
Planning Circular 1/98
