Loading document...
Application No.: 10/00877/B Applicant: Mr Stuart Kearsley & Mr David & Mrs Victoria Artus Proposal: Installation of replacement windows Site Address: 6 Sherwood Terrace Douglas Isle Of Man IM2 4EN --- ### Considerations Case Officer: Mr Ian Brooks Photo Taken: ______________________________ Site Visit: ______________________________ Expected Decision Level: Senior Planning Officer --- ### Written Representations --- ### Consultations Consultee: Highways Division Notes: Consultee: Douglas Corporation Notes:** ---
The site represents the curtilage of 6 Sherwood Terrace. The building is currently used as apartments and is one of 8 similar buildings forming the terrace located on the north-west side of Broadway. The site is located within an area zoned as Predominantly Residential within the Douglas Local Plan. The site is also located within the Douglas (Promenades) Conservation Area.
The application is seeking permission to replace the existing, original timber-framed sliding sash windows on the front elevation with white uPVC casement windows.
Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2, Environment Policy 35
Environment Policy 35 states that "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
Section 18 (4) of the Town and Country Planning Act 1999 states that "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."
Planning Circular 1/98 'The Alteration of and Replacement of Windows' Policy 6 states: "If the original windows are in place they should be 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 bars and the same frame sections as the original windows"
PLANNING HISTORY There have been previous applications that relate to this property which are relevant to the determination of this application. These are:
07/01641/B - Installation of replacement windows - refused on 12th November 2007 The reason for refusal was: "The replacement windows would fail to replicate the method of opening or delicate glazing bar pattern of original existing windows and as such would fail to preserve or enhance the conservation area to the visual detriment of the street scene.
REPRESENTATIONS Douglas Corporation and the Highways Division of the Department of Infrastructure have not commented on the application.
ASSESSMENT This application is a resubmission of following a previous application (07/01641/B) for the installation of uPVC casement windows. This application was refused for the following grounds: "The replacement windows would fail to replicate the method of opening or delicate glazing bar pattern of original existing windows and as such would fail to preserve or enhance the conservation area to the visual detriment of the street scene." The Planning Authority advised at the time that "This refusal is without prejudice to a subsequent planning application for replacement windows which replicate the method of opening, delicate glazing bar pattern and material of the original windows. It should be noted that grant assistance for such replacement windows is available."
This application is still proposing to install uPVC casement windows into the front elevation of the building. The application forms state that top hung casement windows are to be installed; however, the drawings submitted, which are of very poor quality to accurately assess the proposal, indicate the windows are to be bottom opening windows. The plans do not accurately show the precise detailing of the window frames and glazing bars. The plans have an annotation for the glazing bars which is "As original glazing bar on photo". The photographs submitted are of a poor quality to accurately show the detailing of the existing windows. This application is very difficult to assess on the submitted plans and for that reason the application should be refused.
However, the principle of installing casement windows into the property can still be assessed, as there is clear policy requirement within Planning Circular 1/98 about the installation of replacement of windows within conservation areas.
The applicant has supplied photographs indicating that the terrace displays a range of window types with both timber and plastic windows evident along with casement and sliding sash methods of opening.
A check of previously submitted planning application records revealed that most of the properties displaying uPVC casement windows have not benefited from planning permission. These may have been carried out prior to the area being designated as a conservation area or indeed no planning application may have been submitted. The only relevant planning application available is PA98/00281, which sought permission to replace the windows of the ground floor bay window of 4
Sherwood Terrace with uPVC windows. This was permitted however the existing windows in this case were louver windows which were not the original windows.
Irrespective of this, the existence of inappropriate window replacements does not justify the further degradation in character of an area identified as being worthy of conservation and enhancement. It is considered that the reverse is true in that it is even more important to resist such applications that would result in further detrimental impacts upon the conservation area.
This proposal for replacement windows would contravene the established policy set out by Planning Circular 1 / 98 in that the proposed replacement would fail to replicate the method of opening or delicacy of the glazing bars displayed by the original windows.
It is recommended that the application be refused for the above reasons.
The local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
The Highways Division of the Department of Transport is now part of the Department of Infrastructure of which the planning authority is part of. As such, the Highways Division cannot be afforded party status in this instance.
Recommended Decision: Refused
Date of Recommendation: 14.07.2010
R 1. Insufficient detail has been submitted to accurately assess the impact of the proposal on the visual amenities of the locality.
R 2. Notwithstanding the inadequacies of the submitted application, the replacement windows would be contrary to General Policy 2 and Environment Policies 35 of the Isle of Man Strategic Plan 2007 and Planning Circular 1/98 in that the windows would fail to replicate the method of opening or delicate glazing bar pattern of the existing windows and as such the replacement windows would fail to preserve or enhance the character and appearance of the Conservation Area to the detriment of the visual amenities of the street scene.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Senior Planning Officer.
Decision Made : Refused Date : 15 Juley 2010 Signed : 1 Senior Planning Officer
Copyright in submitted documents remains with their authors. Request removal
