Officer Report

Application No.: 15/00891/B Applicant: Mr Richard Halsall Proposal: Installation of replacement windows and door Site Address: Hazelwood 1 Cronkbourne Avenue Douglas Isle Of Man IM2 3LA Case Officer : Miss Abigail Morgan Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of the dwelling known as Hazelwood, 1 Cronkbourne Avenue, which is a two storey dwelling situated on the corner of the highway where it joins Cronkbourne Road. The dwelling is the left-hand property of three that were evidently built as a piece; number 3 is a smaller and more reticent property to the southeast, while number 5 completes the short terrace yet further to the southeast as a handed copy of Hazelwood itself. - 1.2 The building as a whole is of an unusual design, and includes projecting gables with tiled detail, hipped roofs, a decorative front balcony, turreted features at the corners and a dormer window providing a third storey of accommodation to number 3. Robust brick chimneys, Georgian window features (in part), roughcast render (painted white) and brown concrete tiles complete the dwelling's finish, while strong hedging lines the site to the front and adjacent the highway. - 1.3 The site is within the Selbourne Drive Conservation Area.

2.0 THE PROPOSAL - 2.1 Full planning approval is sought for the replacement of timber windows and doors to front, side and rear elevations with UPVC. A full schedule and review of windows can be found on drawing 381/1/1, for each elevation. In short it will see the replacement of 24 windows and 2 doors. - 2.2 The only two items not being replaced is the original front door and wood French doors on the rear elevation.

3.0 PLANNING HISTORY - 3.1 There have been a couple of previous applications at this property the most relevant is considered to be; 14/01004/B - Installation of two replacement windows to rear elevation - APPROVED The case officer at the time considered in their statement that 'The existing window lights are, while timber, apparently not original to the dwelling. They offer none of the Georgian decoration of the seemingly original window units and are very much utilitarian in appearance. It would be preferable if (i) a more comprehensive (rather than ad hoc) approach to the replacement of windows was proposed, and (ii) the new windows had some element of the Georgian features present elsewhere on the building as a whole. However, this is not the case and, given the small scale nature of the

proposal and also the lack of visibility of the new windows it is considered that it would be unreasonable to request amended plans to reflect either of these two points.'.

4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site is zoned as "predominately residential" in the Douglas Local Plan Order 1998 Map No. 2 (South). The site is within the Selbourne Drive Conservation Area. - 4.2 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 (in part): "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; (g) does not affect adversely the amenity of local residents or the character of the locality;

4.3 Environmental 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: 'The Alteration and Replacement of Windows' sets down the policies in respect of the alteration or replacement of windows. Part 6, Category (c) Buildings Erected Before 1921 Which Have Largely Retained Their Original Character states in part: "If repair is impracticable, or existing windows are not the originals, the preference will be for replacement windows in the...principal elevations to have the same method of opening as the originals. Whatever the material used in their construction, the windows MUST HAVE the same or similar pattern and section of glazing bars and the same or similar 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 original method of opening, whatever the material used in the construction."

5.0 REPRESENTATIONS - 5.1 Douglas Borough Council offers no objection to the planning application. 19.08.2015. - 5.2 DOI Highways - No Highways Impact. 30.10.2015.

6.0 ASSESSMENT - 6.1 The key test is whether or not the proposal preserves or enhances the character or appearance of the Conservation Area, as required by Environment Policy 35. - 6.2 At the time of the site visit, access was not possible. The rear of the dwelling is not readily visible from any public thoroughfare, and of the proposed replacement windows only one was visible from the unadopted lane and above the rear boundary wall. Therefore the proposal has been assessed in this context. - 6.3 The existing window lights are, while timber, apparently not original to the dwelling, as evaluated on drawing 381/1/1. As stated by the case officer for the previous window application in 2014 'It would be preferable if (i) a more comprehensive (rather than ad hoc) approach to the

• replacement of windows was proposed, and (ii) the new windows had some element of the Georgian features present elsewhere on the building as a whole'. This application seeks to do this.
• 6.4 The agent has assessed that of the 24 windows, including the lights either side of the front door, only 50% are original and are alien to the architecture of this group of buildings. While the former cannot really be established without carrying out a full survey it is considered from the site visit to in all likelihood be accurate and the latter is considered to be factual.
• 6.5 It is to be welcomed that the proposed units are identical to one another in design, which would give some element of uniformity across this building and with the proposals to match in with no 5 Cronkbourne Ave, including the addition of Louvre shutters. From the site visit it was evident that this group of 3 houses had been designed to be viewed as one, with numbers 1 and 5 being symmetrical. This is why the applicant has suggested that shutters be installed to restore some of that uniformity across the 3 buildings.
• 6.6 The patterns of the new windows at the ground floor will be put back to the original style, incorporating external glazing bars (tying in with no. 5) and the first floor windows will retain the original patterns but without the leaded lights. While the loss of the leaded lights is considered to be regrettable it is understandable in light of the applicant's intention to restore some uniformity and harmony to the windows in this dwelling, but also across the 3.
• 6.7 It is considered that the proposal would, on balance, preserve the appearance of the Conservation Area as required by EP35.

7.0 RECOMMENDATION - 7.1 For the reasons set out above, it is considered that planning approval should be granted.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material , in this case, Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.

Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted

Date of Recommendation: 07.12.2015

Conditions and Notes for Approval: 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

This approval relates to Location Plan, Existing and Proposed Elevations (Refs 1 - 8 inclusive) and Ref 9 Window Details all date stamped as received on 5 August 2015 and drg. no. 381/1/1 and Additional Information letter both date stamped as received on 26 October 2015.

I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 07.12.2015 Determining officer

Signed : M GALLAGHER Michael Gallagher Director of Planning and Building Control

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.