DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/90996/B Applicant: Mr Stephen Murphy Proposal: Installation of replacement windows and doors Site Address: 37 Lancaster Road Douglas Isle Of Man IM2 5BB Principal Planning Officer: Belinda Fettis Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 20.09.2024 _________________________________________________________________

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The front elevation sash windows are to be fitted with run-through sash-horns as per the submitted specification details. Reason: To ensure that the character of the conservation area is preserved.

This application has been recommended for approval for the following reason.

Having applied the Statutory Test of Section 18(4) of the Town and Country Planning Act (1999), due to the scale and design of the proposed replacement windows and door, the Conservation Area shall be preserved. 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.

Plans/Drawings/Information;

This decision relates to the following detail, plans and drawings received on the 28th of August 2024 unless otherwise stated;

• o Site plan
• o Proposed Rear Door
• o Proposed Front Door
• o Existing and Proposed Front Windows, photograph and plans

• o Proposed rear window specification submitted on the 4th of September 2024
• o Proposed door specification submitted on the 4th of September 2024 _______________________________________________________________

Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DoI - Highways Services - No objection Douglas City Council - No Objection ___________________________________________________________________

Officer’s Report

- 1. THE SITE

• 1.1. The site is within the curtilage of no. 37 Lancaster Road, Douglas, an end terrace dwellinghouse. The dwellinghouses are characterised by sash windows within double bay windows below a battlement style turret at eaves height. The facades are red brick.
• 1.2. The front elevation is prominent in the streetscene being separated from the pavement by a small front garden enclosed by a low wall. The side elevation is less visible to public view from Lancaster Road owing to the orientation of the dwellings backing onto the application site; fronting onto Bray Hill. The rear elevation is even less visible.

- 2. THE PROPOSAL

• 2.1. Planning approval is sought for the installation of replacement windows and doors, the details of which are as follows.
• 2.2. The existing windows are timber and the proposal is to replace them with UPVC as follows.

• o Front elevation - all sliding sash designed to replicate that which exists. 5 windows labelled as 1, 3, 4 and 5.
• o Rear and side elevations - window no.1, 2, 3, 4, 5, 6, mixed openings. Rear door.
• o North-West side elevation windows retained.

• 3. PLANNING POLICY Site Specific

• 3.1. In terms of local plan policy, the application site is in area designated as 'Predominantly Residential' on the Area Plan for the East Proposals Map 4.

• 3.2. The application site is within the Selbourne Road Conservation Area.

• 3.3. The site is not within a flood zone, nor does the site impact upon a Registered Building or protected tree. Strategic Plan
• 3.4. 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:

• 3.4.1. 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:

• (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 the amenity of local residents or the character of the locality;

• 3.4.2. Environment Policy 34 and 35 relate to conservation and state that alterations and extensions are acceptable subject to any adverse impacts.

- 4. OTHER MATERIAL CONSIDERATIONS

• 4.1. It is also important to consider guidance and policy regarding development in Conservation Areas:
• 4.2. 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."
• 4.3. In terms of 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 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"
• 4.4. 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."
• 4.5. Legislation
• 4.6. Section 18(4) of the Town and Country Planning Act (1999) states, "(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".
• 4.7. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 7.
• 4.8. The Residential Design Guide provides guidance on all aspects of design including architectural guidance to ensure retention of the existing character of a building that includes attention to detail of scale, position, symmetry, glazing and texture.

• 5. PLANNING HISTORY o None
• 6. REPRESENTATIONS

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

Local authority

• o Douglas Borough Council - No objection (13.09.2024). Statutory Bodies
• o Manx National Heritage - although consulted on the 29.08.2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no
• objections to the application.
• o Highways - No interest (09.09.2024).
• o Registered Buildings - although consulted on the 29.08.2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no
• objections to the application.
• o Manx Utilities, Electricity - although consulted on the 29.08.2024, has not commented
• on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.

- 7. ASSESSMENT

• 7.1. Principle

• 7.2. Replacement windows and doors are generally acceptable however given the land designations, in accordance with Section 18(4) of the Town and Country Act (1999) special attention is given to assessing whether the proposal preserves and or enhances the Conservation Area. As part of that assessment Planning Circular 1/98 and Planning Policy Statement 1/01 are applicable, as are the aforementioned Policies.

• 7.2.1. The main considerations are whether the proposal at least preserves the character of the dwellinghouse and as such the Conservation Area, anything less is unacceptable.
• 7.3. Therefore the main considerations in assessing this application are considered to be as follows.

• o Impact upon the Conservation Area
• o Design
• o Impact upon residential amenity

• 7.4. Impact upon the Conservation Area
• 7.5. Visually within the street scene a key characteristic of the property is the large sash windows. The small windows within the north-west side elevation are visible and are retained. The rear elevation windows are not visible within the streetscene.
• 7.6. The fenestration of all the replacement UPVC windows on the front elevation are proposed in style and features to reflect the existing timber windows, therefore acceptable.

• 7.6.1. The rear and side rear elevations incorporate sash windows however these are proposed removed and replaced with a mixture of top and bottom opening frames. Although this will alter the character of the rear of the property, it would not appear out of place given that similar changes have been made to other neighbouring rear elevations.
• 7.6.2. Section 18(4) of the Town and Country Planning Act (1999) states, requires that special attention is paid to the preservation or enhancement of a Conservation Areas character. S.16/18 creates a presumption against approving any development which would conflict with the Act which is afforded considerable weight.

• 7.6.3. In applying the Statutory test, because the windows in public views retain the same fenestration and method of opening it is considered that the replacement would preserve the Conservation Area. Therefore the proposal meets the Statutory test in respect of the windows.

• 7.7. Design

• 7.7.1. In assessing the design impact, consideration is given to the aforementioned Planning Policy Statement, Circular and Strategic Policies, and the Design Guide.
• 7.7.2. Replacements are acceptable in UPVC provided that they have the same method of opening as the originals and include the same pattern and section of glazing bars as the originals. This requirement is relaxed for windows not readily in public view, such as is the case for many rear elevations.
• 7.7.3. The replacement front elevation sash windows are proposed replaced with sash windows therefore they acceptable. The variety of window openings in the rear and side rear are acceptable because they are not widely visible in public views.
• 7.7.4. The front door is proposed replaced to replicate the existing, therefore it is acceptable. The rear door is not in any public views therefore it is acceptable.

• 7.8. Residential Amenity

• 7.8.1. No harm to residential amenity is observed.
• 8. CONCLUSION

• 8.1. The proposal is considered to be acceptable in respect of design and visual impact upon the character of the property and the wider Conservation Area. Furthermore no harm is observed to residential amenity.

• 8.2. For the above reasons the proposal is considered to accord with the Design Guide and General Policies 2, 34 and 35 of the Isle of Man Strategic Plan 2016 and therefore acceptable.
• 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

9.2 Article A10 sets out that the right to appeal is available to:

• o applicant (in all cases);
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.

9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and

• o in the case of a petition, a single representative.

9.5 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 the Right to Appeal. _____________________________________________________________________

I can confirm that this decision has been made by a Principal Planner 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 and/or rights to appeal.

Decision Made : Permitted Date: 01.10.2024 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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