DEC Officer Report

Application No.: 19/00136/B Applicant: Claire Manning & Michael Kelly Proposal: Installation of replacement windows Site Address: Somerset House 1 Somerset Road Douglas Isle Of Man IM2 5AD Planning Officer: Mr Owen Gore Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 10.05.2019 _________________________________________________________________

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. The development, hereby approved, relates to the DPM Conservatories Quotation/window details, date-stamped as having been received 11 February 2019, only. The windows frames on the front (north) and side (west) elevation, hereby approved, shall match the existing windows in terms of the method of opening and the design of the glazing, including proportions, and the colour.

Reason: In the avoidance of doubt and in accordance with General Policy 2 and Environmental Policy 35 of The Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This planning permission relates to the following plans and documents: Site Location Plan DPM Conservatories Quotation/window details Front Photograph Attic Photograph Kitchen Bay Window Photograph Kitchen Side Bay Window 1st Floor Window Date-stamped as having been received 11 February 2019 _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report THE SITE

1.1 The application site is an end terrace dwelling on a corner plot on the corner of Thorny Road and Somerset Road; the Somerset Road elevation is relatively narrow, with a bay window and a single dormer window with glazed cheeks and a pitched roof. The main elevation is the Thorny Road elevation, which on the side gable; this elevation contains the front door and a single bay window. THE PROPOSAL - 2.1 The proposal is to replace the existing timber sliding sash windows with replacement uPVC sliding sash windows. The submitted information states that they will be arched top windows with vertical sliding sash, a 50/50 split to match the existing and finished in white. PLANNING POLICY - 3.1 The application site is designated as "Predominantly Residential" under the Douglas Local Plan 1998 Map 2 (south). The application site is within the Selbourne Drive Conservation Area.

3.2 The Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application.

3.3 The relevant extracts from General Policy 2 state: '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;
• (d) does not affect adversely public views of the sea;
• (e) does not affect adversely the amenity of local residents or the character of the locality'.

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 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 reads: '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'.

PLANNING HISTORY

4.1 The previous planning applications are not considered to be specifically material in the assessment of the current application.

REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that there is no highways interest in the letter dated 22 February 2019.

5.2 Douglas Borough Council have commented on this application and stated that they do not object in the letter dated 04 March 2019. ASSESSMENT - 6.1 Although there is a loss if the original timber windows, the proposed windows will have the same method of opening as the originals. Planning Circular 1/98 allows for replacement windows in conservation areas but states that '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'. This continues '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'. CONCLUSION - 7.1 The proposed works would preserve the appearance of the dwelling and Conservation Area, and it is therefore considered that the proposal meets General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan, and Planning Circular 1/98, and therefore the application should be approved subject to conditions. INTERESTED PERSON 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 decision maker 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 : 20.05.2019 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.