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Application No.: 24/91327/B Applicant: Ms Jade Zorab Proposal: Installation of replacement side door Site Address: Lezayre Quarterbridge Road Douglas Isle Of Man IM2 3RG Principal Planning Officer: Belinda Fettis Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 21.04.2025 _________________________________________________________________
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 proposed door would not harm the Conservation Area and so meets the Statutory test of Section 18(4) of the Town and Country Planning Act (1999). The design preserves the character of the site and accords with Planning Policy Statement 1/01, Strategic Policy 3 and 4, General Policy 2 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 6th of January 2025.
Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal:
1.0 THE SITE - 1.1 The site is the residential curtilage of a two storey detached dwellinghouse fronting onto Quarterbridge Road. - 1.2 Dwellinghouses in this location of Quarterbridge Road are of mixed design and large in scale.
2.0 THE PROPOSAL - 2.1 The application seeks approval to replace a side entrance timber door with window detail with a composite door. In support of the proposal the applicant has submitted the following
3.0 PLANNING HISTORY - 3.1 Planning history for the site exists but none is relevant in the determination of this application.
4.2 The site is within the Selbourne Drive Conservation Area of Douglas City. - 4.3 Strategic Policy
4.4 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. - 4.5 Strategic Policy 4 states that development must protect or enhance the fabric and landscape quality of a Conservation Area. - 4.6 General Policy 2 states that development that 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);
4.7 Environment Policy 34 states that in the maintenance, alteration or extension of pre1920 buildings, the use of traditional materials will be preferred. - 4.8 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.
5.1 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.
5.2 Planning Circular 1/98 provides guidance on the replacement of windows and in Conservation Areas states that whatever the frame material, the method of opening on windows visible by the public must replicate the original. - 5.3 Residential Design Guide (2021) Chapter 5 Architecture details and 5.2 Doors. - 5.4 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. - 5.5 The Town and Country Planning (Permitted Development Order) 2025, Schedule 2, Part
2 'Extension of Classes to Conservation Areas Only' Paragraph 9 - Part 2 of Schedule 1 extensions (1)(m) Class 25 Doors (paragraph 32), subject to the conditions in sub-paragraph
6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
7.1 Taking account of the above observations the key consideration in deciding if the proposal is acceptable, the assessment is whether the design of the replacement door would preserve or enhance the character of the building and therefore the Conservation Area.
7.2 The existing painted timber door comprises a fan light above a 9 panel glass section and panel timber section below that.
7.3 The proposal is to replace the timber door with a composite door comprises a single glass panel. - 7.4 Whilst the loss of the timber is disappointing within a Conservation Area, the door in situ is not considered original and the door is of no merit to the character of the dwellinghouse. The proposed door is considered to better reflect what could have been the original style of a side door on a dwellinghouse of this scale. Therefore the proposal preserves and enhances the character of the dwellinghouse. - 7.5 The door is not visible in views into and out of the Conservation Area. However, whether something is visible within the streetscene or not does not negate application of the Statutory Test for development within a Conservation Area; Section 18(4) of the Town and Country Planning Act (1999). The test 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 In applying the Statutory test, because the door would be in keeping with the style of dwellinghouse, it is considered that the replacement would preserve the character of the dwellinghouse. The door is not within public viewpoints therefore the proposal has a neutral impact upon the Conservation Area. The proposal meets the Statutory test and is acceptable.
8.2 The design preserves the character of the site and accords with Planning Policy Statement 1/01, Strategic Policy 3 and 4, General Policy 2 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:
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):
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 the 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, and/or rights to appeal.
Decision Made : Permitted Date : 23.04.2025 Determining Officer
Signed : S BUTLER Stephen Butler Head of Development Management
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