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The site represents the curtilage of a semi-detached property, 29 Demesne Road, Douglas which is located on the south-eastern side of Demesne Road. To the northeast is the residential property of 27 Demesne Road and to the southwest is the residential property of No.31 Demesne Road. To the rear of the application site is a rear access lane.
This proposal seeks to replace the existing original windows to the front bay and rear elevations of the flat 2 with PVC windows and to replace the rear timber door with uPVC door.
The site is within an area identified as 'Predominantly Residential Use' by the Douglas Local Plan. The site is also within the Woodbourne Road Conservation Area.
Planning Circular 1/98 provides guidance and policies for the replacement of windows. Policy 6 states that 'If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be readily visible from the 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.'
Section 18 (4) of the Town and Country Planning Act 1999 states "Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act.
Environment Policy 35 of the Isle of Man Strategic Plan 2007 states that "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".
There have been no previous planning applications considered relevant to the assessment of this application.
Douglas Corporation has no objection to this proposal.
The key issue here is whether the proposed uPVC windows and door would preserve or enhance the character and appearance of the Conservation Area.
The proposed windows for the front bay would have the same pattern and section of glazing bars as the existing windows. However, the windows are casement opening windows. This is contrary to Planning Circular 1/98 which requires the windows to have the same method of opening as the existing i.e. sliding sash windows. The applicant has tried to replicate the style but not the openings. Furthermore, there are uPVC opening casements in the upper levels of the building and there are other casement windows within the street. It is considered that a refusal could not really be sustained at appeal considering the other changes within the streets cene.
The replacement windows on the side and rear elevations are to replicate the existing windows currently installed. These replacements will have a neutral effect on the character and appearance of the Conservation Area.
The replacement rear door will not be visible from a public thoroughfare and will have a neutral effect on the character and appearance of the Conservation Area.
I therefore recommend 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.
Recommended Decision: Permitted Date of Recommendation: 07.01.2008 Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This permission relates to the installation of replacement windows and rear door as shown in drawing number 1950/1 and photo/window details date stamped 19th October 2007.
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 : 01/08
Signed : M. I. McCauley Director of Planning and Building Control
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