10 October 2024 · Delegated
37, Lancaster Road, Douglas, Isle Of Man, IM2 5bb
Permission was granted for the installation of replacement windows and doors at 37 Lancaster Road, Douglas, an end-terrace dwellinghouse on the Isle of Man. The property sits within a Conservation Area and is characterised by sash windows set within double bay windows, a battlement-style turret at eaves height, and red brick facades. The front elevation faces the street and is visible from the pavement, separated only by a small walled front garden. The side and rear elevations are less exposed to public view. The officer's report identified the impact on the Conservation Area, the design of the replacement elements, and the effect on neighbouring residential amenity as the main planning issues to be weighed. The application was approved by delegated decision on 10 October 2024, subject to two conditions, with the officer recommending approval.
The Department of Environment, Food and Agriculture approved the application on 10 October 2024. The key planning considerations were the impact on the Conservation Area, the design of the replacement windows and doors, and the effect on residential amenity. The proposal was found acceptable on all three counts.
General Policy 2
Having regard to Planning Policy Statement 1/01, Planning Circular 1/98, the Design Guide and General Policies 2, 34 and 35 of the Isle of Man Strategic Plan 2016, the proposal is acceptable.
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
Environment Policy 34
Having regard to Planning Policy Statement 1/01, Planning Circular 1/98, the Design Guide and General Policies 2, 34 and 35 of the Isle of Man Strategic Plan 2016, the proposal is acceptable.
Policy 35
Having regard to Planning Policy Statement 1/01, Planning Circular 1/98, the Design Guide and General Policies 2, 34 and 35 of the Isle of Man Strategic Plan 2016, the proposal is acceptable.
lew LDHP LDHP e Arbory Location Former Designation Area Plan Designation Symbol on Proposals Map (3) and Inset Maps (4-7) Parville, Ballabeg (Registered Building 235), Arbory LDHP LDHP f Balladoole House and The Granary, Arbory LDHP LDHP g Rushen Location Former Designation Area Plan Designation Symbol on Proposals Map (3) and Inset Maps (4-7) Ballagawne (Greenacres), Ballagawne Road, Rushen LDHP LDHP h Kentraugh, Rushen LDHP LDHP i Proposed Low Density Housing in Parkland An area to the East and West of Phildraw Road, Malew, as shown on Inset Map 4 Appendix 4 (a): Groups of Houses in the Countryside Survey (2009) Assessments of individual groups: (a) Cregneash: (i) Description: Cregneash comprises a group of traditional buildings clustered around the church, and set on the saddle between Meayll Hill and Cronk ny Arrey. Some of the buildings are used as part of the Cregneash Folk Museum. (ii) Assessment: It is indicated at paragraph A.3.7 of Appendix 3 to the Isle of Man Strategic Plan that "Cregneash may also be judged to have the characteris tics of a village, but as the National Folk Museum it is subject to special consideration, seeking to preserve and protect the authenticity and integrity of the village and its setting." However, it would be more accurate to refer to Cregneash as "the set ting for the National Folk Museum" rather than "the National Folk Museum ". The introduction of additional dwellings, necessarily constructed some 100 years or more later than any existing dwelling in the village, would clearly be inimical to preserving th e authenticity and integrity of the present group and its value as the setting for the Folk Museum. Additional dwellings are not therefore proposed. (b) The Howe/Glen Chass: (i) Description: The Howe comprises a group of dwellings and farm buildings ar ound the chapel on the north side of the road to The Sound. Just to the east, scattered either side of the road down to Fistard are the dwellings comprising Glen Chass. These linked groups have a sense of identity, arising in part from the chapel and in part from the topographical setting. The groups are close to Port St Mary, but clearly within the countryside. Apart from the chapel, there are no public buildings. (ii) Assessment: These groups are not in themselves sustainable settlements, and are not far enough away from Port St Mary or Port Erin to generate a valid local need for housing. In the case of The Howe, further development would be likely to extend or consolidate the existing ribbon development along The Sound Road, whilst in the case of Glen Chass, the access road is narrow and difficult, especially for public service vehicles. In these circumstances, additional dwellings are not proposed for The Howe or Glen Chass. (c) Ballakilpheric/Cronk e Dhooney: (i) Description: Grouped quite comp actly to the west and east of the still -active chapel are two collections of dwellings and farm buildings, some of which are comparatively modern. The group is some 1.5 km from the Colby main road, up a winding and sometimes narrow road. The sense of place arises largely from the chapel at the crossroads, but there are no other public facilities or amenities. (ii) Assessment: Whilst a small number of additional dwellings could be added without visual detriment to either the group or its setting, the group is not sustainable, is served by a poor access road, and is not distant enough from Colby to generate a valid local need for housing. Additional dwellings are not therefore proposed. (d) Earystane: (i) Description: Earystane comprises a collection of dwellings scattered along the road between Ballamoar and Ballacannell. The distinctive, finely coursed stonework of some of the buildings, including the former chapel, lends a sense of unity to this interesting upland settlement. The group is some 2.5 km from the main Colby Road, is served by only a narrow road, and has no public facilities or amenities. (ii) Assessment: Further dwellings would clearly not be sustainable, and would reduce the interest and attraction of the existing group. Road access is poor. Additional dwellings are not therefore proposed. (e) St Marks: (i) Description: St Marks is a designated Conservation Area, which includes some of the surrounding countryside. The buildings include the church, a chapel, the former school rooms , and a number of dwellings clustered around the village green. The spaces between the buildings contribute positively to the character of the settlement, helping to integrate it with its immediate rural environment. The undeniable sense of place arises not only from the disposition of the buildings and spaces, but also from the location at the meeting of several rural roads. (ii) Assessment: The Character Appraisal statement for the Conservation Area indicates that "Whilst new development might not be ru led out, detailed and careful assessment of any proposed develo
Planning Policy Statement 1/01 (Conservation of the Historic Environment of the Isle of Man)
Policy CA/2, (Conservation Areas); "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application."
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 Policy In the individual building, or group of buildings, whose principal elevations are readily visible from a public thoroughfare, if the original windows are in place, it may be possible to repair and renovate them. This can take place without permission, and will be encouraged by the Department. If repair is impracticable, or existing windows are not the originals, the preference will be for replacement windows in the said principal elevations to have the same method of opening as the originals. Whatever the materials used in their construction, the windows MUST HAVE the same or similar pattern and section of glazing bars and the same or similar frame sections as the original windows. Windows are not part of the principal elevations and which are not readily visible from a public thoroughfare should preferably 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. Reasons for Policy: In many of our towns there are individual and groups of buildings which, although not worthy of Registration and not located in Conservation Areas, make a most important contribution to the local townscape; e.g. prominent corner sites or terraces. Where these buildings remain substantially unaltered, the aim is to encourage their enhancement in response to the original architectural concept. Planning Approval IS REQUIRED for alterations or replacement windows in this category of buildings. ii) Buildings in a rural setting Policy In an individual building, or group of buildings, whose principal elevations are readily visible from a public thoroughfare, if the original windows are in place, it may be possible to repair and renovate them. This can take place without permission, and will be encouraged by the Department. If repair is impracticable or the existing windows are not the originals, the preference will be for replacement windows on the said principal elevations, to have the same method of opening as the originals. Whatever the material used in their construction, the windows MUST HAVE the same or similar pattern and section of glazing bars and the same or similar frame sections as the original windows. Windows not part of the principal elevations and which are not readily visible from a public thoroughfare should preferable have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material use in their construction. Reasons for Policy: The Island is fortunate in that it still retains a considerable number of unspoilt traditional vernacular buildings which epitomise the quality of the rural landscape. These buildings may not be worthy of Registration, and may not be located in Conservation Areas, but they do make a most important contribution to the traditional character of the rural landscape. Where these buildings remain substantially unaltered, the aim is to encourage their enhancement whilst preserving the original vernacular style. Planning Approval IS REQUIRED for alteration or replacement of windows in this category of buildings. Category d) OTHER BUILDINGS ERECTED BEFORE 1921 8. Policy Replacement windows should preferably be the same or as similar to the originals in the pattern of the glazing bars. However, provided that the glazing pattern is retained, a more relaxed approach will be taken to the replacement of windows in such properties. Reasons for Policy: Many buildings fall within this category and although there is little in the way of restriction, the aim is to encourage simulation of the original glazing pattern and this will apply particularly to buildings which are part of a larger group, such as a terrace, where replacement windows, if carefully designed, may serve to enhance the overall appearance of the group. Planning Approval IS REQUIRED for alteration or replacement of windows in this category of buildings. Category e) BUILDINGS CONSTRUCTED AFTER 1920 WHICH DO NOT FALL INTO CATEGORIES a) OR b) AND WHICH ARE NOT SUBJECT TO PREVIOUS PLANNING CONDITIONS RESTRICTING THE INSTALLATION OF REPLACEMENT WINDOWS. 9. The installation of replacement windows in these buildings does not require planning approval. The Department nevertheless recommends that the design of such windows should respect the architectural style of the building. ## FINANCIAL ASSISTANCE 10. Attention is drawn to the fact that the repair of existing windows or the installation of replacement windows may qualify for grant assistance under Financial Assistance Schemes which the Department operates. Further information regarding the availability of Grant Assistance is obtainable from the Finance Section of the Department. ## REVOCATION AND STATUS 11. Planning Circular 2/93 (Replacing External Doors and Windows) is herby withdrawn. 12. This Circular is issued by the Department in accordance with Article 11 (2)(a)(vi) of the Isle of Man Planning Scheme (Development Plan) Order 1982. 13. Further advice or information is available from: The Planning Office Department of Infrastructure 1st Floor Murray House Mount Havelock Douglas Isle of Man .
Planning Circular 1/98: The Alteration and Replacement of Windows
(Part 6 Category b) Buildings in Conservation Areas states: "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"
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
The front elevation sash windows are to be fitted with run-through sash-horns as per the submitted specification details.