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Case Officer: Mr Edmond Riley Photo Taken: 20.03.2014 Site Visit: 20.03.2014 Expected Decision Level: Officer Delegation
1.1 The application site is the residential curtilage of the dwelling known as Esholt, which is located to the southeast of, and, topographically, noticeably above Quarterbridge Road, Douglas. It is a two storey detached property and is within the Douglas (Selbourne Drive) Conservation Area.
2.1 The proposal comprises the installation of eleven replacement windows to the front elevation. (No changes are proposed to the windows in the rear elevation.) The planning application proposes the replacement of single-glazed, wooden sliding sash windows with double-glazed, uPVC sliding sash windows of a Rehau conservation style. Glazing bars would be included to match the existing windows, photographs of which have been submitted with the application.
3.1 The previous planning applications are not considered specifically material to the assessment of the current application, although the two semi-detached dwellings adjacent to Esholt to the northeast, Cool Bane and Edensor, had timber-framed sliding sash windows approved under PA 11/00065/B and 11/01111/B respectively.
4.1 The application site is in an area zoned as "Predominantly Residential" identified on the Douglas Local Plan 1998. The site is also in the Selbourne Drive Conservation Area. It is appropriate to consider Planning Circular 1/98 and Environment Policy 35 of the Isle of Man Strategic Plan (20th June 2007).
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application. General Policy 2 states: "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:
| Application No.: | 14/00280/B |
| Applicant: | Mr Neil Kenneth Wilson |
| Proposal: | Installation of replacement windows to front elevation |
| Site Address: | Esholt Quarterbridge Road Douglas Isle Of Man IM2 3RJ |
4.3 Environment Policy 35 states: "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."
4.4 Planning Circular 1/98 sets out the Department's policy for of the alteration and replacement of windows. In respect of buildings within Conservation Areas it states:
"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 original. 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 originals, but not necessarily the original method of opening, whatever the material to be used in the construction."
5.1 A private representation has been received from the owner / occupier of Edensor, one of the two semi-detached dwellings adjacent to Esholt as described in paragraph 3.1, above. While they do not object, they comment that the two adjacent semi-detached properties had timber-framed sliding sash windows installed rather than uPVC as stated by the applicant, and advise that this was required by the Planning Authority. They consider that the same restrictions should apply to the applicant in this case.
6.1 The key issue in the consideration of the proposal is the impact on the Conservation Area, and whether or not the proposal would satisfactorily preserve or enhance the character or appearance of that Conservation Area. It is therefore necessary to pay particular regard to Environment Policy 35 of the Isle of Man Strategic Plan 2007 and the relevant guidance contained within Planning Circular 1/98. While there have been some non-sliding-sash replacement windows in the area, the majority of properties retain sliding-sash windows.
6.2 The guidance on replacement windows within Conservation Areas set out within Planning Circular 1/98 is clear. Windows readily visible from a public thoroughfare should, if replaced at all, be replaced with windows that match the opening style and pattern and section of bars as the originals. All the windows here proposed meet the requirements of Circular 1/98 in that the opening styles and glazing bars would be designed to replicate those currently in-situ, which, although possibly not the original windows, are certainly appropriate for a dwelling in a Conservation Area. While timber would be preferred to retain the more traditional appearance of the dwelling, it is accepted that uPVC alternatives do meet the requirements of the relevant policies and also can provide greater sound insulation that, in a location immediately on the TT route through Douglas, is an understandable consideration for residents. On this basis, no objection is raised to the proposal.
6.3 While the intentions have been made clear and helpful information provided by the applicant, specific details of the windows proposed have not been provided. It is therefore
considered appropriate to require by condition that the opening styles and glazing bars of the windows installed match those of the windows currently in situ on the front elevation of Esholt should an approval be forthcoming.
6.4 Reflecting on the concern raised by the owner/occupier of Edensor, the history of the two applications referred to has been assessed. No correspondence can be found on either application file relating to the Planning Authority "requiring" the windows installed on those properties to be timber rather than uPVC. There is a letter from the case officer to the window installer advising that, following the approval to PA 11/00065/B at Coolifl Bane, top-hung and bottom-opening casement windows were installed contrary to the approved plans. The case officer advised that enforcement action was, at that time, being considered. No further correspondence exists on the file. It does not appear that an enforcement case was opened. It is therefore possible that this is what the representor is referring to in his comments to the current application. In any event, it is a fundamental Planning principle that each planning application be judged on its own merits having regard to other decisions but not being led by them. In this case, the proposal has been assessed against the relevant Development Plan policies and found to be in accordance with them.
7.1 It is recommended that the planning application be approved.
8.1 The owner / occupier of Edensor, Quarterbridge Road is, by virtue of the Town and Country Planning (Development Procedure) Order 2013, Article 6(3), considered an "Interested Person" and as such should be afforded Interested Person Status.
8.2 The local authority, Douglas Borough Council, is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, Article 6(4)(e), considered an "Interested Persons" and as such should be afforded Interested Person Status.
Recommended Decision: Permitted
Date of Recommendation: 18.04.2014
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2.
For the avoidance of doubt, the windows hereby approved for installation shall have the same opening style and number and pattern of glazing bars as the windows in situ; these windows are shown in the submitted photographs carrying the references 1-6.
Reason: In the interests of the character and appearance of the site and surrounding area.
This approval relates to the untitled site and location plans, and six photographs (referenced 1 – 6), each date-stamped as having been received on 7th March 2014.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.
Decision Made : Permitted Date : 24/4/14
Determining officer (delete as appropriate)
Signed : _________________________ Chris Balmer
Senior Planning Officer
Signed : _________________________ Michael Gallagher
Director of Planning and Building Control
Signed : _________________________ Jennifer Chance
Head of Development Management
This is New Wilson Form DED. 12.2014 think it needed to be referred to PC. You may disagree. S20L
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