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The application site is the residential curtilage of a two storey dwellinghouse which is situated on the south eastern side of Upper Dukes Road. The site is located within a predominantly residential area and within a Conservation Area.
This application is seeking permission to install white uPVC top opening casement windows into the front elevation of the property.
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 and Environment Policy 35.
Environment Policy 35 states that "Within Conservation Areas, the Department will permit only development which 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 it character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act."
Paragraph 6 of Planning Circular 1/98 states that "If the original windows are in place they should preferable 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."
There is no previous planning history for the site.
Douglas Corporation has not objected to the application.
The key issue here is whether the installation of uPVC windows will preserve or enhance the character and appearance of the Conservation Area.
It should be noted that the existing windows in the front elevation are currently a mix of window types. The first floor windows are timber sliding sash windows; while, the ground floor window is a top opening casement window. The application is proposing to replace all these windows with uPVC top opening windows.
In respect of the ground floor windows, the window appears to have been installed some time ago and is not the original window; however, the window has a negative effect on the character and appearance of the Conservation Area. The replacement of this window with an uPVC top opening casement window would be a retrograde step and would continue to harm the character and appearance of the Conservation. This is a perfect opportunity to replace the window with a sliding sash window so as to enhance the character and appearance of the Conservation Area.
In respect of the first floor windows, these are timber sliding sash windows and appear to be the original windows. Therefore, Paragraph 6 of Planning Circular 1/98 is applicable in the assessment of this application. It should be noted that the windows to be installed into the building do not replicate the method of opening of the original windows, i.e. the proposed windows are to be top opening casement windows. The proposed windows do not accord with Planning Circular 1/98, which requires replacement windows to have the same pattern and section of glazing bars and the same frame sections as the original windows and must have the same method of opening as the original windows. The windows would be an incongruous addition to the property which would not preserve or enhance the character and appearance of the Conservation Area.
Lastly, it should be noted the installation of an unauthorised uPVC front door has not affected the above assessment.
It is recommended that the application be refused for the above reasons.
The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered an "interested person" and as such should be afforded party status.
Recommended Decision: Refused
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
The installation of uPVC windows would be contrary to General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2007 and Planning Circular 1/98 in that the replacement windows would not preserve or enhance the character and appearance of the Conservation Area and be detrimental to the visual amenities of the locality.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Senior Planning Officer.
Decision Made : Refused Date: 11/4/11 Signed: [Signature] Senior Planning Officer
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