Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 25/90775/B Applicant: Mr Leonard Samuel Foden Proposal: Installation of replacement window Site Address: 23 Hutchinson Square Douglas Isle Of Man IM2 4HP Principal Planning Officer: Belinda Fettis Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 06.10.2025 _________________________________________________________________

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.

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

The proposal complies with Planning Circular 1/98 and in preserving the Conservation Area meets the test of section 18 of the Town and Country Planning Act 1999 and; accords with Environment Policy 35 and General Policy 2 within the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This decision relates to the proposed windows specification and other supporting information submitted on 08.08.2025. _________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal:

• o Douglas City Council - No Objection

It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal because:

• o Marjon House Alberta Drive Onchan IM3 1LX - Not objected and not within 20metres of the application site.

_________________________________________________________________ Officer’s Report

- 1. THE SITE

• 1.1. The application site relates to the curtilage of no. 23 Hutchinson Square in Douglas. The front of the building faces onto Hutchinson Square, parkland and gardens. The rear elevation faces onto a yard and the rear elevations of dwellinghouses on Princess Road that area separated from the site by the shared rear access lane off Marathon Road.
• 2. THE PROPOSAL

2.1. Planning approval is sought to replace an existing window on the rear elevation at first floor level. The existing 50/50 ratio top opening uPVC window is proposed replaced with a 50/50 ratio bottom opening uPVC.

• 2.2. The application is supported by details of the proposed window and photograph of the relevant existing rear elevation windows.
• 3. PLANNING POLICY

• 3.1. Site Specific On the Area Plan for the East the site is within an area identified as being 'predominantly residential' and within the Ballaquayle Road Conservation Area. 3.2. Strategic Plan

• 3.2.1. Taking account of the above, within the adopted Isle of Man Strategic Plan 2016, the following policies are considered relevant in the determination of this application:
• 3.3. Strategic Policy 4
• 3.4. General Policy 2 (b) development should respect the site and surroundings and; (c) development should not adversely affect the character and; (g) development should not adversely affect the amenity of local residents or the character of the locality.
• 3.5. Environment Policy 34 and 35 relate to conservation of materials and aesthetics.

• 4. OTHER MATERIAL CONSIDERATIONS 4.1. Section 18(4) of the Town and Country Planning Act (1999) (the Act) 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".

• 4.2. 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. Planning Circular 1/98 - The Alteration and Replacement of Windows Set states:
• 4.4. Category b) Buildings in a Conservation Area "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."
• 5. PLANNING HISTORY

• 5.1. The following planning applications are considered materially relevant in the assessment of this proposal.

• 5.3. 21/00603/B Installation of one replacement window. Permitted.

• 5.2. 24/00279/B Installation of replacement window. Permitted.

• 5.4. 02/02116/B Installation of replacement uPVC windows to front and rear elevations. Split Decision;
• 5.5. 19/00930/B Installation of replacement windows to the rear elevation. Permitted.
• 5.6. 17/01096/B Installation of new Veka composite door and uPVC outer frame. Permitted.

• 6. REPRESENTATIONS 6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only. 6.2. Local Authority: 6.2.1. Douglas City Council - no objection (26.08.2025). 6.3. Statutory Bodies

• 6.3.1. Highway Services - No comment received at the time of writing this report (06.10.2025).
• 6.4. Other
• 6.5. Resident / neighbour: It would have been helpful for the description to state 'replacement rear window' (16.08.2025)..

• 7. ASSESSMENT 7.1. Principle 7.1.1. The principle of the proposal is acceptable subject to consideration of the impact upon the Conservation Area. 7.2. Impact upon the Conservation Area 7.2.1. Statutory Test: 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 first floor uPVC top opening 50/50 ratio window with a bottom opening window of the same design and style. 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 proposal replicates the recently approved window at ground floor. It is considered that the proposals preserve the character of the conservation area.

• 7.2.2. Policy Test: This application proposes to replace an existing rear first floor uPVC frame top opening casement window with a bottom opening in the same material and style to that at ground floor level. 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 50/50 ratio arrangement is judged to be sufficiently similar to the existing pattern to comply with this guidance. In addition the replacement window would match others already lawfully installed on the property therefore the proposal is judged to respect the design of the existing property.
• 8. CONCLUSION

• 8.1. The proposal complies with the guidance within Planning Circular 1/98 as the pattern of glazing is sufficiently similar to the existing window and other lawfully installed windows. It is considered that the character of the dwellinghouse and the Conservation Area shall be preserved and so the application meets the tests of section 18 of the Town and Country Planning Act 1999 and; accords with Environment Policy 35 and General Policy 2 within the Isle of Man Strategic Plan 2016.
• 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: 06.10.2025 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

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