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The application site comprises of a residential curtilage of a three storey dwellinghouse which is situated on the northern side of Mona Street. The site is located within a predominantly residential area and within the Windsor Road Conservation Area. To the east of the application site is the property of No.12 Mona Street and to the west, is the property of No.16 Mona Street.
This application is seeking permission to retain the following elements:
a) revised internal layout of the apartments b) a first floor external access and stairs to the rear annexe of the building c) uPVC casement windows; and d) to replace a basement lightwell window with a new lean-to window
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."
Within Planning Policy Statement 1/01, the following policies are considered to be relevant in the determination of this application: CA/2
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."
The following previous applications are considered relevant in the consideration of this application: 07/01688/R – Retention of uPVC front door and surrounding frame – pending consideration 06/02172/R – Retention of uPVC windows to front elevation – withdrawn 17th September 2007 04/00473/B – (a) Installation of uPVC sliding sash windows to replace existing on front elevation – refused 14th May 2004
The reason for refusal was as follows:
"The site is within the Conservation Area, and the building retains its original, attractive windows; replacement of these at the front of the building as now proposed, using PVC-framed windows without the attractive detail of the existing frames, would not preserve or enhance the appearance and character of the Area."
04/00473/B/Part - (b) Installation of uPVC sliding sash windows to replace existing on rear elevation – permitted 14th May 2004
03/1841/B – Conversion of dwelling to 3 apartments, demolition of outbuildings and creation of 2 rear parking spaces – granted on appeal 02nd August September 2004
Highways Division of the Department of Transport do not oppose the application.
Douglas Corporation has not objected to the application.
I have considered the content of the application with particular consideration to POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS AND POLICY CA/4 PROPOSALS FOR PRESERVATION AND ENHANCEMENT as set out within Planning Policy Statement 1/01 and Planning Circular 1/98 - Alteration and Replacement of Windows, Category b) BUILDINGS IN A CONSERVATION AREA.
The application property, 14 Mona Street, a three storey, terraced house is located within the Woodbourne Road section of the Upper Douglas Conservation Area.
This application proposes the alterations, retention of UPVC casement windows to front and external access and stairs to rear elevation. This application is retrospective as the ‘alterations’ have already taken place. These UPVC casement windows replace existing painted timber sliding sash in a traditional format utilising astragals in the glazing (see our photos on file) that were typical of the terrace. Those proposed are a poor facsimile of the former windows and, I consider, detrimental to the character of the conservation area.
The external, rear access stair I not considered overly detrimental, given its location to the rear off an access lane.
The small, light to the front elevation is acceptable.
I consider the proposals for the casement windows are detrimental to the character of the Conservation Area and therefore recommend refusal of this application. An application for the other items may be favourably considered.
The key issue here is whether the retention of the uPVC casement windows and the first floor external access and stairs to rear annexe of the building would preserve or enhance the character and appearance of the Conservation Area.
Photographic evidence obtained from the Conservation Section show the previous windows in the property were timber sliding sash windows. The property was one of the last properties with the original and attractive windows still installed in the dwelling. However, the applicant has replaced the windows without obtaining the necessary planning permission for the new windows.
The ground and first floor windows have the same pattern and section of glazing bars as the previous windows. However, the windows are inward open casements and not sliding sash. This is contrary to Planning Circular 1/98 which requires the windows must have the same method of opening.
The second floor windows do not replicate the style of the previous windows. The previous windows had a larger lower section of pane with a small pane of glass over with two vertical bars. The new windows are split 50/50. The windows do not accord with the requirement of Planning Circular 1/98.
However, the original style of the windows on other properties within Mona Street has generally been lost. The applicant has tried to replicate the style but not the openings. There are other casement windows within the street and therefore it is considered that a refusal could not really be sustained at appeal considering the other changes within the streetscene.
The applicant has installed an uPVC glazed box window which is rather large and bulky in appearance compared to a previous lightweight timber structure. This structure is a prominent and incongruous addition to the dwellinghouse, which has a negative impact on the Conservation Area. The applicant has now acknowledged this issue and now intends to replace the structure with a small lean-to lightwell window.
No. 28 Mona Street has a timber glazed box structure, which appears to have been in place for a number of years. However, No.26 Mona Street has an uPVC glazed box window. This appears to be a recent addition to the property and is there is no record of planning permission being obtained for the structure. There are no other box windows installed over basement window openings within the locality.
It is considered that the proposed lean-to lightwell to be acceptable and would not cause demonstrable harm to the character and appearance of the Conservation Area.
In respect of the external rear access stair, it is set to rear of the property and access onto an access lane, which is not a main thoroughfare. Given its location to the rear, it is considered that the external staircase has a neutral affect on the character and appearance of the Conservation Area.
It is recommended that the application be granted subject to conditions.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
In summary, 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:
Recommended Decision: Permitted
Date of Recommendation: 21.12.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
C 1. This permission relates to alterations, retention of uPVC casement windows to front and external access and stairs to rear as shown in drawing numbers HLK/07/0109/1, HLK/07/0109/2, HLK/07/0109/3, HLK/07/0109/4, HLK/07/0109/5, HLK/07/0109/6 and photographs date 11th September 2007.
C 2. The replacement basement lightwell window shall be installed within 3 months from the date of this decision.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date: 24/12/07 Signed: M. I. McCauley Director of Planning and Building Control
Decision Made : Permitted Date: 24/12/07 Signed: M. I. McCauley Director of Planning and Building Control
21 December 2007
21 December 2007
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