DEC Planning Officer Report

Officer's Report

Application No.:	13/00457/B
Applicant:	James Philip Winton Glover
Proposal:	Installation of replacement windows and doors to rear elevation
Site Address:	11 Berkeley Street Douglas Isle Of Man IM2 3QB
Case Officer:	Mr Edward Baker
Photo Taken:
Site Visit:	30.04.2013
Expected Decision Level:	Officer Delegation

The Application Site

1. The application site is 11 Berkeley Street, Douglas. It is a period two storey mid terrace dwelling forming part of the built frontage to the south side of Berkeley Street. The site is in a residential area of the town.

1. The site is directly adjoined by dwellings on either side. There are terrace dwellings opposite to the other side of the road. To the rear is an alley providing access to the rear of the neighbouring dwellings on the south side of the street.

1. The site is within the Selbourne Drive Conservation Area.

The Proposal

1. The application seeks planning permission to replace the timber windows and door at the rear with UPVC equivalents.

Planning History

1. The site has no planning history.

1. However, records show that planning permissions have been granted for replacement UPVC windows for Nos. 3, 4, 5, 6, 8, 10, 13, 15, 17, 19, 21 and 24 Berkeley Street.

Planning Policy

1. The site is within an area recognised as being predominantly residential in the Douglas Local Plan 1998.

1. General Policy 2 of the Isle of Man Strategic Plan 2007 is relevant:

'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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (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 adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (I) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption.' 9. Environmental Policy 35 of the Isle of Man Strategic Plan is relevant: '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.' 10. Policy CA/2 of Planning Policy Statement 1/01 "Conservation of the Historic Environment" is relevant. It places emphasis on the need to consider the impact of development proposals upon the special character of the Conservation Area. 11. Planning Circular 1/98 "The Alteration and Replacement of Windows" is relevant. With regard to the specific proposal, the Circular says: '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 materials 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.'

Representations

1. Douglas Corporation - no response at the time of writing.

Assessment

1. The proposal is for the replacement of existing timber windows and door at the rear of the property with UPVC equivalents. A number of other properties in the same street have had UPVC windows installed following the grant of planning permission, and in this regard a precedent has been set. The windows and door will retain the same basic form as the originals with the exception of Window 5, which is a small single full pane opening instead of

small sash design. The applicant has confirmed that Window 3 will be the same design as Window 4, so as to retain the vertical glazing bar in the upper pane. It is felt that the design of the replacement windows is acceptable.

1. The character and appearance of the Conservation Area has already been altered by reason of the installation of UPVC windows elsewhere in this street, and in this context it is considered that the Conservation Area would be preserved.
2. The proposal raises no additional issues of overlooking or impacts on neighbour amenity. There are no material considerations that indicate that permission should be refused.

Recommendation

1. It is recommended that the planning application is approved with conditions.

Party Status

1. The Local Authority, Douglas Corporation, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.

Recommendation

Recommended Decision: Permitted

Date of 21.05.2013 Recommendation:

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> O : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. The development hereby permitted shall not be carried out except in full accordance with the following plans: site location plans, proposed windows and door specification, and photographs 1,2,3,4, and 5 received on 15 April 2013.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : ..... 01.3....... 3........ Determining officer (delete as appropriate) Signed : Signed : S20moments Anthony Holmes Sarah Corlett Senior Planning Officer Senior Planning Officer Signed : Signed : Michael Gallagher Jennifer Chance Director of Planning and Building Control Development Control Manager