Officer Report

Application No.: 25/90085/B Applicant: Mr Adam French Proposal: Replacement of windows Site Address: 28 Christian Road Douglas Isle Of Man Principal Planning Officer: Belinda Fettis Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 29.04.2025 _________________________________________________________________

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.

• C 2. Windows numbered 1, 2, 3, 4, 5, 6, 7 on drawing no.PL03 shall be inserted with 50/50 ratio sliding sash windows with horns to match the existing timber windows. Reason: To protect the character of the building and the Conservation Area.

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 the Conservation Area shall be preserved. The proposal accords with Planning Policy Statement 1/01, Planning Circular 1/98, General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, and the Design Guide.

Plans/Drawings/Information;

This decision relates to the following plans and detail received on the 23rd of January 2025 and 4th of April 2025.

• o Location plan
• o Site plan numbered 001
• o Existing and Proposed Elevations, amended drawing no.PL03 (sub.04.04.2025)
• o Photographs of relevant windows

Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal:

• o Highways Services - No Interest
• o Douglas Corporation - No Objection _________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site relates no. 28 Christian Road Douglas. The terraced property comprises 4 floors of apartments, with the 4th floor occupying the roof space. The property is on the north side of Christian Road. - 1.2 Throughout the front façade of the building there are mouldings around the openings and under the eaves. Apart from the entrance door, the ground floor has a bay window comprising 3 openings. All windows, including the dormer, have arched tops and comprise a 50/50 ratio sliding except for the third floor windows and forth floor window which are casement and not part of this application. - 1.3 The rear and outrigger side elevation windows are angular timber sliding sash.

2.0 THE PROPOSAL - 2.1 The application proposes removal of the existing timber sliding sash windows on front rear and side elevations of the outrigger, and replacement with a mix of uPVC sliding sash and casement windows. All new windows are proposed 50/50 ratio. - 2.2 On the amended drawing, no.PL03 the window schedule identifies each window as exists and the method of replacement. In essence, the timber windows on the front elevation at ground and first floor level shall be replaced with sliding sash and the remaining windows shall be casement. - 2.3 In application is supported by the amended drawing and photographs.

- 3.0 PLANNING POLICY

3.1 Site Specific

• 3.1.1 On the Area Plan for the East, Proposals Map 5, Douglas Town Centre, the site lies within an area designated as 'Predominantly Residential'.
• 3.1.2 The site is within the Windsor Road Conservation Area.
• 3.1.3 The site is not a Registered Building nor within the setting of one. There are no protected trees and no flood zones within or abutting the site.

3.2 Strategic Policies 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.

• 3.2.1 Strategic Policy 3 and Environment Policy 42 focus on the visual design of development and its impact upon the character and identity of its immediate locality.
• 3.2.2 Strategic Policy 4 states that development must protect or enhance the fabric and landscape quality of a Conservation Area.

• 3..2.3 General Policy 2 states that development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of the Strategic Plan will normally be permitted, provided that the development accords with the criteria of the Policy. In this case the following criteria are considered relevant (b) (c) and (g);

• (b) respects the site and surroundings in terms of the design.
• (c) does not affect adversely the character of the surrounding landscape or townscape; and (g) does not affect adversely the amenity of local residents or the character of the locality.

• 3.2.4 Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.
• 3.2.5 Environment Policy 35 and Planning Policy Statement 1/01 require development to preserve or enhance the character or appearance of the area and to take into account in any decision, the special character of the area.

- 4. OTHER MATERIAL MATTERS

• 4.1. 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.

• 4.2. Planning Circular 1/98 - The Alteration and Replacement of Windows Set states: 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."
• 4.3. Residential Design Guide (July 2021), Chapter 5 Architectural Details, 5.2 Windows and Doors.
• 4.4. Legislation: 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". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 7.
• 5.0 PLANNING HISTORY

5.1 Planning history exists but none are relevant in determining this planning application. 6.0 REPRESENTATIONS

6.1 Local Authority

• o Douglas City Council - No objection (07.02.2025)

6.2 Statutory Bodies

• o Highways - No Interest (03.02.2025)

• o Registered Building Officer - although consulted on 28.01.2025has 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 National Heritage - although consulted on 28.01.2025 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 - although consulted on 28.01.2025 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

- 7.0 ASSESSMENT

7.1 Where traditional timber sash windows exists, especially within a Conservation Area, the preference is to repair or replace with timber sliding sash. Modern uPVC sliding sash windows have become more acceptable and are preferred to casement windows in Conservation Areas. The casement windows already in the front façade of this building are disappointing and unauthorised. - 7.2 In applying the test under section 18(4) of the Town and Country Planning Act (1999) as to whether the works preserve or enhance the Conservation Area, it was considered that the initial submission for casement windows, although retaining the 50/50 ratio, would cause harm to the Conservation Area and so failed the test. - 7.3 However following advice, the amended scheme was submitted that results in sliding sash windows with horns on the front elevation for those windows subject to this application. Therefore the proposal accords with policy and meets the test of s18(4) of the Act. - 7.4 The compromise on this site is the replacement uPVC and casement windows on the outrigger rear and side elevations. - 7.5 Casements on the rear have become acceptable in neighbouring properties. In addition, although the rear elevation, facing onto Harris Terrace, is within the Conservation Area, the façade details are less grand and more akin to plainer rear elevations. Retention of the 50/50 ratio limits the harm because in distant views the windows would generally preserve the visual of sash windows. Therefore the proposal accords with the aforementioned policies in section 3 of this report.

8.0 CONCLUSION 8.1 By virtue of the replication of the existing front elevation windows detail the proposal would preserve the character of the dwellinghouse and the Conservation Area and so meets the Statutory test of Section 18(4) of the Town and Country Planning Act (1999).

8.2 The design detail preserves the existing character of the site and locality. Therefore the proposal accords with Planning Policy Statement 1/01, Planning Circular 1/98, Strategic Policy 3 and 4, General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, and the Design Guide. - 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: 30.04.2025 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

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