5 September 2024 · Delegated
Flat 4, Malbrough Court, Alexander Drive, Douglas, Isle Of Man, IM2 3qh
This application sought permission to install replacement windows at Flat 4 Marlbrough Court, Alexander Drive, Douglas, Isle of Man. The property is a first-floor flat within a building that fronts onto Alexander Drive, featuring brick at ground floor and white render with tudor-style timber work at first floor. The site lies within the Selbourne Drive Conservation Area. The application was refused on the grounds that the proposed replacement windows would result in the cumulative loss of the three-panel character of the existing first-floor windows, particularly the most prominent windows. The current windows across the two first-floor flats are symmetrical and consistent in style, and their replacement was considered harmful to the character of the building. The decision concluded that the proposal would cause significant harm to the Selbourne Conservation Area and to the reason for the building's inclusion within it.
The application was refused because the proposed replacement windows would cumulatively erode the character of the existing three-panel first-floor windows, particularly the most prominent ones. This was judged to cause significant harm to the character of the building and to the Selbourne Conservation Area in which it sits.
Refusal Reasons
General Policy 2
the proposal does not accord with 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
Environmental Policy 35
the proposal would cause significant harmful to the Selbourne Conservation Area
planning circular 1/98
nor planning circular 1/98
Planning Circular 1/98 # THE ALTERATION AND REPLACEMENT OF WINDOWS The Department of Infrastructure Planning And Building Control Division Murray House Mount Havelock Douglas Isle of Man IM1 2SF July 1998 # THE ALTERATION AND REPLACEMENT OF WINDOWS ## INTRODUCTION 1. This Planning Circular sets down the Department's policies in respect of the alteration or replacement of windows. These policies vary according to the age, merit and location of the building. For ease of use, the Circular divides buildings into several categories, and sets out the policies and reasoning for each category. ## NEED FOR PLANNING APPROVAL 2. This Circular should be read in conjunction with the recent Permitted Development Order (S.D. 664/97). The effect of the Order is that, with certain exceptions, the installation of a window in an existing aperture in a building erected after 1920 does not require planning approval. The exceptions are - a) Where the building is a registered building or in a conservation area, or in an area in respect of which the Planning Committee has passed a resolution to the effect that planning approval is required for such work; or b) Where the work would be in breach of a condition imposed on the grant of planning approval. ## GENERAL REASONING 3. The appearance of any building is strongly influenced by the detailing of its windows. The character and integrity of a building are usually best preserved by the retention and repair of the original windows, or, if this is not possible, the installation of replacements which respond suitably to the original design. In this context, "original" means those windows which were installed in the building at the time of its construction. If you are in doubt as to whether the existing windows are the originals, the staff in the Office of Planning may be able to give advice. ## BUILDING CATEGORIES 4. For the purposes of this Circular, buildings have been divided into the following categories:- a) Registered Buildings b) Buildings in Conservation Areas c) Buildings erected before 1921 and not falling within a) or b) which have largely retained their original character d) Other buildings erected before 1921 e) Buildings constructed after 1920 which do not fall into category a) or b) and which are not subject to previous planning conditions restricting the installation of replacement windows. Subsequent paragraphs of this Circular deal with each category in turn. ## Category a) REGISTERED BUILDINGS 5. Policy If the original windows are still in place they should preferably be repaired. If repair is impracticable, replacement windows MUST BE THE SAME as the originals in all respects, including the method of opening, materials and detailed design. This policy will be strictly applied other than where the particular circumstances are so exceptional as to justify a relaxation. Reasons for Policy: Registered Buildings are those buildings which are judged to be of special architectural or historic interest and which are already entered into the Protected Buildings register. Because of their special status, these buildings merit particular care and any work carried out by way of repair or alteration requires Registered Building Consent. Planning Approval and Registered Building Consent ARE ALWAYS required. Category b) BUILDINGS IN CONSERVATION AREAS 6. 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 the construction. Reasons for Policy: The Department has a duty to determine which parts of the Island are areas of special architectural or historic interest, the character of which it is desirable to preserve or enhance, and shall by order designate such areas as Conservation Areas. Planning Approval is required for all external works to properties in Conservation Areas to ensure that any proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. Planning Approval IS REQUIRED for alteration or replacement of window in the category of buildings. Category c) BUILDINGS ERECTED BEFORE 1921 AND NOT FALLING WITHIN CATEGORIES a) OR b) WHICH HAVE LARGELY RETAINED THEIR ORIGINAL CHARACTER 7. For ease of use, this category has been divided into two, based on the location of the building: i) Buildings in an Urban Setting