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Application No.: 16/00175/B Applicant: Mr John Welsh Proposal: Installation of replacement windows to front elevation Site Address: 4 Upper Dukes Road Douglas Isle Of Man IM2 4BA Case Officer : Mr Chris Balmer Expected Decision Level: Officer Delegation
1.0 THE SITE - 1.1 The site is the residential curtilage of 4 Upper Dukes Road, Douglas which is an existing dwelling which sits fronting onto Upper Duke's Road and backs onto a rear lane beyond which there is additional land which also belongs with the dwelling. This lane is narrow and accessed from the south western end of Duke's Road through a narrow in and out access and the lane does not lead all the way through to the lane at the north eastern end. - 1.2 The house is a terraced dwelling with the distinctive chequerboard brick pattern in brown and yellow (diaper-work) which identifies this particular part of Douglas and has led to its inclusion in the Olympia Conservation Area in Douglas, designed in 2003. The Conservation Area Appraisal makes particular reference to these properties, noting with disappointment that some has been rendered or pebble-dashed which has detracted from the overall interest of the terrace. The Appraisal also notes that "the aim would be to encourage an overall pattern of fenestration to be adopted when replacing windows, together with a painting colour scheme to help enhance the appearance of these curious but special properties" (paragraph 3.5). Each property has a plaque with a name upon it - Clarence, Edinburgh, Devonshire, Empress, Albert, York etc - Ducal and Regal references. - 1.3 The existing dwelling has uPVC top and side opening casement windows on the front first floor. The single ground floor window is wider than those two windows at first floor.
2.0 THE PROPOSAL - 2.1 Proposed is the replacement of the existing windows with uPVC top hung outward opening casements which have the '50/50' split arrangement. Decorative horns are also proposed.
3.0 PLANNING STATUS AND POLICY - 3.1 The site lies within an area designated on the Douglas Local Plan of 1998 as Predominantly Residential. The site also lies within the Olympia Conservation Area (see above). - 3.2 The Strategic Plan contains a policy which seeks the preservation or enhancement of property within a Conservation Area (EP 35). This 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."
3.3 This echoes the policies of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man.
3.4 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 any previous applications. The terrace has, however, been the subject of a number of applications which are considered relevant to the consideration of the current application. - 4.2 Perhaps the most relevant is an appeal decision which refused the installation of plastic framed casement windows at number 6 (PA 11/00167/B). This proposal was to replace the two existing sliding sash windows in the first floor of the front elevation with plastic framed top opening casements and also to replace the ground floor window which had already been replaced with a plastic framed casement window. The application was refused and at appeal the inspector comments that,
"It is safe to assume that originally all the houses had timber sliding sash windows at least on the front elevation. Barely any remain. Aside from the upper windows at number 6, there are upper timber sashes at No. 17 (which might be originals) and what could be sashes upstairs at No. 5 though these are plainly modern with quite a different pattern of glazing bars. Otherwise there is an eclectic mix of uPVC and modern hardwood windows with fixed, top hinged, bottom hinged and side hinged casements and fanlights. There is an equivalent mixture in the doors".
4.3 He goes on, "There is no suggestion that the Department intends, or indeed could, seek to restore something closer to the original windows along the terrace. I therefore have considerable sympathy with the appellant's submissions, contrasting the refusal in his case with what has been installed more generally along the terrace. However, his house does still exhibit something of the terrace's original character in its upper windows. Their replacement by windows not only different in the material used but in the pattern of glazing bars and opening method, would further erode what little remains of this aspect of the terrace's original appearance and character. In many ways the terrace's strong unifying brickwork serves only to emphasise the discordant pattern of joinery. And if the upper windows should remain at least broadly as they appear now, it follows that the lower window should not be replaced by something entirely different". He concludes that the windows neither enhance or preserve the character of the terrace and the application was refused.
4.3 A further application for number 6 was approved (PA 12/00770/B) with sliding sash windows in the first floor of the front elevation and casements in the rear with the ground floor window remaining as was. - 4.4 Other applications have accepted plastic framed casements in the front elevation - PA 14/01180/B the replacement of the windows with top hung outward opening casements, PA 11/01035/B replaced casements with casements at number 10, PA 05/00127/B approved casements on the front elevation of number 7 and as a result of this, similar windows were approved at number 9 (PA 06/00018/B). In the case of PA 05/00127/B the existing windows were not original and what were proposed were to be the same as those in No.8, next door (no record of
permission). At that time, it was suggested that there were only two properties in the terrace with their original sliding sashes.
5.0 REPRESENTATIONS - 5.1 Douglas Borough Council indicates that they do not oppose the application (received on 18.03.2016). - 5.2 Highway Services have no objection (received on 14.03.2016).
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 2007). 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. - 6.3 The existing street-scene has evolved through a combination of authorised and unauthorised development, given rise to a variety of different window and door styles currently found within the properties. Subsequently, in the past the Conservation Officer has judged that windows and doors no longer form a fundamental piece of the Conservation Area's character. However, it is also a relevant stance that opportunities should still be taken to conserve what little of the original character is left. Furthermore, the Independent Planning Inspector recognises in his appeal report for previous application 11/00167/B that whilst the terrace has range of doors and window styles, the original windows on the first floor of the front elevation are still fundamental to the original character of the Conservation Area. As such, these factors should be materially considered whilst assessing this application. - 6.4 Whilst it would generally be preferred to replace all the windows with timber sliding sash windows within Conservation Areas, the existing windows are not the original method of opening (i.e. sliding sash) as they are side hung and inappropriate top hung windows. These are proposed to be replaced with '50/50' split top opening casements. The replacements would be a far better representative of the original windows. - 6.5 Overall, given the previous history of applications to neighbouring properties, comments made by the Inspector, given the existing windows are not the original windows and the proposals in terms of appearance represent a better comparison with the once original windows; it is considered the proposal would preserve the Conservation Area and the individual property and therefore the proposal would comply with Environment Policy 35 of the Isle of Man Strategic Plan.
8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, the following persons are automatically interested persons:
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation Recommended Decision: Permitted
Date of Recommendation:
11.04.2016
Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval
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.
This approval relates to drawings reference numbers 0099, 0099 A, 0099 B and 0099 C all received on 18th February 2016.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date: 12.04.2016 Determining officer
Signed : S CORLETT Sarah Corlett Senior Planning Officer
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