DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 21/00603/B Applicant: Mr Leonard Foden Proposal: Installation of one replacement window Site Address: 23 Hutchinson Square The Waverley Guest House Douglas Isle Of Man IM2 4HP Enforcement/Planning Assistant: Ms Charlotte Gatt Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 16.07.2021 _________________________________________________________________

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason. The proposal is considered to comply with General Policy 2, Environment Policy 35 of the Isle of Man Strategic Plan 2016 and Planning Circular 1/98, and is therefore acceptable.

Plans/Drawings/Information;

This decision relates to documents submitted; A4 Site and Location Plan, A4 Photos and A4 Window Drawing - all date stamped as being received by the Department on the 18th May 2021.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report THE SITE

1.1 The application site is the residential curtilage of 23 Waverley Guest House, 23 Hutchinson Square, Douglas which is situated to the northern end of Hutchinson Square. - 1.2 The property is part of a row of 3 and 4 storey terraced dwellings in a densely residential area of Douglas. Directly opposite the property is Hutchinson Square amenity area. - 1.3 The property has casement windows to the front elevation and a mixture of casement and sliding sash windows to the rear. THE PROPOSAL

2.1 The current planning application seeks approval to replace one sliding sash windows to the rear elevation with a bottom opening white framed double glazed uPVC casement window. PLANNING POLICY - 3.1 The site lies within an area zoned as Predominantly Residential on the Area Plan for the East. The property is also within a Conservation area. Given the nature of the application it is appropriate to consider General Policy 2, Environment Policy 35 and Planning Circular 1/98.

3.2 General Policy 2 of the Isle of Man Strategic Plan 2016 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:

• 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;

3.3 Environment Policy 35 which 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'. - 3.4 Planning Circular 1/98: The Alteration and Replacement of Windows Sets which states;

Buildings in a Conservation Area "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 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 the originals, but not necessarily the original method of opening, whatever the material used in the construction."

PLANNING HISTORY

4.1 There are several applications on the site of which there was an application in 2002 which had a split decision and approved the replacement of the windows in the rear to uPVC (02/02116/B)

4.2 PA19/00930/B also gave permission to replace windows to the rear elevation.

• REPRESENTATIONS
• 5.1 Highway Services have commented; No Highways Interest in this application. (07.06.21)

5.2 Douglas Borough Council have considered the proposal and raise no objection. (01.06.21)

ASSESSMENT 6.1 The fundamental issues to consider in the assessment of the planning application are the potential impacts of the proposal on the character and appearance of 23 Hutchinson Square, Douglas and the wider street scene.

6.2 The proposed windows are to the rear of the property and are not within a general public viewpoint. Within the rear elevation of 23 Hutchinson Square there is already a mix of timber and uPVC with the owner changing the windows as and when they can. The proposed windows are on the first and second floor of the rear outrigger, of which one of the windows is in a bad state of repair.

6.3 The removal of the timber sliding sash windows whilst they are something which should be preserved, in this instance will not alter how the property is viewed within the Conservation Area due to the windows being within the rear. The change to top opening casement windows will preserve the same opening as the original windows which should preserve the Conservation Area. - 6.4 The windows policy states that there is no preference in the material used in windows within a Conservation Area as such the proposed uPVC windows are recognised as an acceptable alternative to timber. - 6.5 The proposal is deemed acceptable in accordance with the policies that seek to preserve the character and appearance of the property and is not considered to have an adverse impact on the character or appearance of the Conservation Area.

CONCLUSION

7.1 For the above reasons the proposal is considered to comply with General Policy 2, Environment Policy 35 of the Isle of Man Strategic Plan 2016 and Planning Circular 1/98, and therefore acceptable. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), 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
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 16.07.2021 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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