Planning Officer Report 09/01750/B

Application No.: 09/01750/B Applicant: Mr Derry Grant - James Proposal: Installation of replacement windows to front elevation Site Address: - Woodlynn - 25 Demesne Road - Douglas - Isle Of Man - IM1 3DZ --- ### Considerations Case Officer: Mr Gary Barr Photo Taken: ______________________ Site Visit: ______________________ Expected Decision Level: Senior Planning Officer --- ### Written Representations --- ### Consultations Consultee: Highways Division Notes: Consultee: Douglas Corporation Notes:** No objection ---

Officer's Report

The Site

The application site represents the existing residential curtilage of "Woodlynn" 25 Demesne Road. This relatively large semi-detached property is located in an area of very similar properties which runs parallel with Allan Street and to the west of Bucks Road in Douglas.

The Proposal

This planning application is seeking approval for the replacement of the existing front elevation windows which are currently timber sliding sash, with white uPVC sliding sash windows.

Planning Status

The application site is located within the Woodbourne Road Conservation Area in Douglas which is zoned as an area of "Predominantly Residential Use" under the Douglas South Local Plan adopted by Tynwald in 1998. Within the adopted Isle of Man Strategic Plan, Environment Policy 35 is considered relevant to this proposal;

"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".

11 December 2009 09/01750/B Page 1 of 4

General Policy 2 is also considered relevant and 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:

• (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; (l) 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."

Planning Circular 1/98 (The Alteration and Replacement of Windows) states:

"Within Conservation Areas if the original windows are in place, they should be repaired. If this is not practicable windows which are 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".

PLANNING HISTORY The following previous planning application should be considered relevant to the assessment of the current planning application: PA 02/02290/B - Installation of uPVC windows to replace existing to front elevation - Refused

The reasons for refusal for this previous application were on the grounds that this building is of architectural attraction and interest and whilst there are already in place tilting, PVC-framed windows in other buildings in Demesne Road it was judged that there should not be any further adverse changes which would affect the character of this potential Conservation Area.

PA 09/00989/B - Installation of replacement windows to front elevation - Refused

The application was refused on the grounds that the windows to be installed to the front elevation of the property, having casement openings as opposed to sliding sash, would have failed to preserve or enhance the character of the Peel Conservation Area, contrary to Environmental Policy 35 of the Isle of Man Strategic Plan 2007.

Representations

The Douglas Corporation have no objection with the proposed development. The Department of Transport Highways Division have not commented on the proposal.

Assessment / Recommendation

The installation of sliding sash windows to the front elevation is considered acceptable as they are maintaining the same design / pattern and opening method as the existing which respects the Conservation Area in which it is situated (and overcomes reasons for refusal on previous applications). As such, the proposed alterations would be in-keeping with the character of the existing property and the surrounding area, which would be sympathetic to its setting and would ensure that the special features contributing to the character of the Conservation Area are preserved.

As such, it is judged that the proposed development would comply with Planning Circular 1/98, Environment Policy 35 and General Policy 2 of Isle of Man Strategic Plan 2007, as such; it is recommended that this planning application should be permitted.

Party Status

It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:

The Department of Transport Highways Division Douglas Corporation

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 11.12.2009

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> 0 : 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. This approval relates to the submitted Drawing 0032, 0032 A, 0032 B and 0032 C all received on 22nd October, 2009 and e-mail from applicants agent received on 28th October, 2009.

I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer

Decision Made : Permitted Date : ....3/12/20

Signed : ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................