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Application No.: 24/00849/B Applicant: Mr And Mrs Andrew And Sally Maiden Proposal: Installation of replacement windows Site Address: Flat 4 Marlbrough Court Alexander Drive Douglas Isle Of Man IM2 3QH Planning Officer: Graham Northern Recommended Decision: Refused Date of Recommendation: 05.09.2024 _________________________________________________________________ R : Reasons for Refusal O : Notes attached to reasons Reasons for Refusal R 1. As a result of the cumulative loss of the character of the 3 panel windows to the first floor, particularly the most prominent, windows annotated 1 and 3, the proposed replacement windows would cause significant harm to the character of the building and the reason for the buildings inclusion within the Selbourne Conservation Area. Having regard to Section 18(4) of the Town and Country Act (1999) it is considered that the proposal would cause significant harmful to the Selbourne Conservation Area. By virtue of the above conclusion the proposal does not accord with General Policy 2, and Environment Policy 35 of the Isle of Man Strategic Plan 2016 nor planning circular 1/98. _______________________________________________________________
Additional Persons
None _____________________________________________________________________________
1.0 THE APPLICATION SITE - 1.1 The application site is the residential flat, flat 4 Marlbrough Court, Alexander Drive, Douglas and relates to the installation of replacement windows in the front and rear at first floor level of the. First floor flat. 5 Windows in total 3 to the front and two to the rear are
proposed as being replaced. The apartments front onto Alexander Drive and are brick at ground floor and white render at first floor with tudor style timber work. At present the windows across the two first floor flats are in symmetry and the same style. The site lies within the Selbourne Drive Conservation Area.
2.0 THE PROPOSAL - 2.1 This current planning application seeks approval for the Installation of replacement windows with UPVC double glazed windows. The windows proposed to be replaced are located at first floor level in the front and rear elevations. The submitted details show the replacement of 5 openings in total. The detailed positions of the windows to be replaced are annotated on photographs of the affected elevations, with their corresponding details and specifications listed in the quotations submitted with the application. - 2.2 Window 2 is a simple square with a mid section creating a two pane window and is a like for like replacement. The other 4 windows (Nos 1, 3, 4 and 5) are at present 3 panel windows with the window split into three vertical equal portions, the proposals seek to replace these windows with a single side aperture opening to one side.
3.0 PLANNING HISTORY - 3.1 There are previous no planning applications of relevance
4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site is in an area zoned as Predominantly Residential under the Douglas Local Plan 1998 and the area plan for the East. The application site is within the Selbourne Drive Conservation Area. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application:
General Policy 2 states: "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:
Environmental 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."
5.0 REPRESENTATIONS - 5.1 Douglas Borough Council object stating the windows are not in keeping and do not preserve the character of the Conservation Area. 02/08/24. - 5.2 DOI Highways - no highways interest. 26/07/24.
5.3 No third party representation had been received by the report drafting stage. (28/08/24).
6.0 ASSESSMENT - 6.1 Environment Policy 35 sets out the policy in regards to development within a Conservation Area. The policy states that development would only be permitted within a Conservation Area if the development would preserve or enhance the character or appearance of the area and the area is protected against inappropriate development. - 6.2 With the appearance of many buildings strongly influenced by the detailing of their windows and doors; the replacement of the existing front and rear windows can significantly impact on the character of an area. The submitted window details are considered to unbalance the block of flats, the adjoining first floor front and rear has exactly the same windows as the applicant with the window split into 3 symmetrical panes, and as such for one half of the building to have differing windows this is considered out of character and visually detrimental within a Conservation Area. At present the larger windows 1, 3, 4 and 5 have equal panes in 3 portions the replacement with one pane much larger and the opening pane to one side unbalances the windows and makes them appear far more horizontally proportioned compared to the existing. Section 6 of planning circular 1/98 is clear in that windows in Conservation Areas to be replaced that are publicly visible must be of the same design, style and form of opening including glazing bars, as such the proposals are in conflict with the circular.. - 6.3 As a result the proposed replacement windows are considered in conflict with Environment policy 35 and would not preserve the Conservation Area. - 6.4 In conclusion, it is considered that the proposal is unacceptable in that it would detract from the existing appearance and character of the building in this location; and would unduly harm the character and appearance of the Selbourne Drive Conservation Area. As such, the proposed replacement openings are considered to be unacceptable and would conflict with the requirements of Environment Policy 35 in the Isle of Man Strategic Plan 2016.
7.0 RECOMMENDATION - 7.1 On the basis of the above it is recommended that the planning application be Refused.
8.0 PARTY STATUS 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:
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
I can confirm that this decision has been made by the Acting 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 : Refused Date : 05.09.2024 Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
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