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Application No.: 24/00279/B Applicant: Mr Leonard Samuel Foden Proposal: Installation of replacement window Site Address: 23 Hutchinson Square Douglas Isle Of Man IM2 4HP Technical Officer: Thomas Sinden Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 09.04.2024
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
This application has been recommended for approval for the following reason.
The application meets the tests of Section 18 of the Town and Country Planning Act 1999 and Environment Policy 35 within the IOM Strategic Plan 2016 as the character of the Conservation Area is being preserved. The proposals are also judged to comply with the guidance within Planning Circular 1/98 as the pattern of glazing is sufficiently similar to the existing window. The application is therefore judged to be acceptable.
Plans/Drawings/Information; This decision relates to the proposed windows specification and other supporting information submitted on 4.3.2024. _______________________________________________________________
Additional Persons
None _____________________________________________________________________________
1.1 The site is 23 Hutchinson Square, Douglas. The property within the Douglas (Ballaquayle Road) Conservation Area.
2.0 THE PROPOSAL - 2.1 The application proposes the replacement of a ground floor window on the rear outrigger, on the rear elevation of the property. The existing window is a two over two sliding sash timber framed window. The proposed replacement window would be one over one, bottom opening casement with UPVC frames.
3.0 PLANNING POLICY - 3.1 The site lies within an area designated on the Area Plan for the East 2020 as predominantly residential, and within the Douglas (Ballaquayle Road) Conservation Area. The site is not in an area at risk of flooding. - 3.2 TOWN AND COUNTRY PLANNING ACT 1999 S18 Designation of conservation areas
(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act.
3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016 General Policy 2: (b) (c) (g). Strategic Policy 4. Environment Policies 34, 35. - 3.4 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man POLICY CA/2 - 3.5 Planning Circular 1/98: The Alteration And Replacement Of Windows Category b) BUILDINGS IN CONSERVATION AREAS Policy 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 their construction.
4.0 PLANNING HISTORY - 4.1 Applications 21/00603/B and 19/00930/B approved replacement UPVC windows for other specific windows at the property, while 17/01096/B approved a replacement composite UPVC door.
5.0 REPRESENTATIONS. - 5.1 Douglas Borough Council have stated that they have no objections to the application (18.3.2024). - 5.2 The Department of Infrastructure Highways Division have stated that there is no highways interest in the application (11.3.2024).
6.1 Section 18 of the Act states that 'special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area'. This application proposes to replace an existing rear ground floor timber sliding sash window with a UPVC frame bottom opening casement window. As this window is not visible from outside the site, and certainly not from a public thoroughfare, the guidance within planning circular 1/98 requires the replacement to have the same or similar pattern of glazing bars. The one over one frame arrangement is judged to be sufficiently similar to the existing pattern to comply with this guidance, and as the window cannot be seen from elsewhere in the surrounding area, it is considered that the proposals preserve the character of the conservation area. Policy Tests - 6.2 This application proposes to replace an existing rear ground floor timber sliding sash window with a UPVC frame bottom opening casement window. As this window is not visible from outside the site, and certainly not from a public thoroughfare, the guidance within planning circular 1/98 requires the replacement to have the same or similar pattern of glazing bars. The one over one frame arrangement is judged to be sufficiently similar to the existing pattern to comply with this guidance, and as the window cannot be seen from elsewhere in the surrounding area, it is also judged that the application would protect and preserve the character of the conservation area and respect the character of the surrounding townscape. Finally, as the replacement window would match others already lawfully installed on the property, the proposed window is judged to respect the design of the existing property.
7.0 CONCLUSION - 7.1 It is judged that the application meets the tests of section 18 of the Town and Country Planning Act 1999 and environment policy 35 within the IOM Strategic Plan 2016 as the character of the conservation area is being preserved. The proposals are also judged to comply with the guidance within planning circular 1/98 as the pattern of glazing is sufficiently similar to the existing window. It is therefore recommended that the application be approved.
8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Permitted Date : 10.04.2024 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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