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Application No.: 08/00250/B Applicant: Mr B C Needham Proposal: Installation of replacement windows Site Address: Hydro Hotel 28 Palace Terrace Queens Promenade Douglas Isle Of Man IM2 4NF ### Considerations Case Officer : Mr Trevor Wilson Expected Decision Level: Delegated Decision Senior DC Officer ### Written Representations ### Consultations Consultee : Highways Division Notes : Consultee : Douglas Corporation Notes : No objection
The application site comprises of the Hydro Hotel, which is located on the corner of Palace Terrace Queen Promenade and Switzerland Road. The property already has uPVC windows from the 2 floor upwards. The site is located within the Douglas Promenades Conservation Area.
This application is seeking planning permission to install uPVC tilt and turn windows to replace the existing windows in the Basement, Ground and First Floors of the building.
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, Environment Policy 35,
Environment Policy 35 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".
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 - Policy and Guidance Notes of the Conservation of the Historic Environment of the Isle of Man, 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 preferably be repaired. If repair is impracticable windows which would be readily visible from a public thoroughfare MUST HAVE THE SAME method of opening as the originals. Whatever the materials 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: 01/02445/B - Installation of uPVC windows to replace existing 2nd, 3rd, 4th and 5th floors - granted 00/01993/B - Installation of uPVC windows to replace existing - refused on Review
Douglas Corporation does not oppose the application.
The key issue here is whether the replacement windows will preserve or enhance the character and appearance of the Conservation Area.
The proposal is to replace the existing basement, ground and first floor windows of the building with a bottom opening tilt and turn uPVC windows. The existing are currently a mix of sliding sash and casement windows. Also a number of the casement windows on the ground floor have stained glass in the top sections of the windows. Planning Circular 1/98 requires windows which would are readily visible from a public thoroughfare have the same method of opening as the originals and that the windows must have the same pattern and section of glazing bars and the same frame sections as the original windows. The majority of the windows will not replicate the method of opening of the existing windows and nor would they replicate the pattern and section of glazing bar and frame sections of the existing windows. The application does not even make any mention of retaining the stained glass windows. It is considered the proposed windows would be contrary to Planning Circular 1/98. Furthermore, the windows will not preserve or enhance the character and appearance of the conservation area, which will be detrimental to the visual amenities of the locality.
The property in question is located on the promenade which is within the existing Promenade Conservation Area. The proposed works have been considered in conjunction with the recommendations as outlined in Policy CA/2 in relation to Planning considerations and future developments within a Conservation Area in addition to Planning Circular 1/98. The preference of the Conservation Section being to retain/maintain the architectural character of the area.
The Hydro Hotel, as a surviving example of the diminishing number of original Victorian hotels on the promenade, plays a pivotal role in retaining what is left of the character of the Promenade Conservation Area. The installation of uPVC casement windows would only serve to unduly detract from the surrounding properties (some of which have uPVC windows) and the principles of the Conservation Area as a whole. It is acknowledged, that many of the existing windows have previously been replaced with uPVC casement windows and that the remaining timber sliding sash windows are
all that now remain. It is important to understand that in creating a Conservation Area, its function is to control future developments and amendments. Part of this function includes the eradication of none original/inappropriate features whenever such opportunities arrive. Therefore, this case should not be seen as one where because all the other windows are uPVC, there should be no reason to remove what is left of the original windows. Instead, consideration should be given to re-establishing/reinstating original style windows whenever and wherever, the opportunity arises.
Having considered the intended works, the location of the property, and the issues at hand, it is my considered opinion to recommend refusal.
RECOMMENDATION It is recommended that the application be refused for the above reasons. PARTY STATUS
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:
Recommendation Recommended Decision: Refused Date of Recommendation: 14.07.2008 Conditions and Notes for Approval / Reasons and Notes for Refusal
The replacement uPVC windows would be contrary to General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2007 and Planning Circular 1/98 in that the replacement windows would not preserve or enhance the character and appearance of the Conservation Area, to the detriment of the visual amenities of the locality.
I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)
Decision Made: Refused
Date: ................................................................................................................................................................
Signed: ................................................................................................................................................................
14 July 2008
08/00250/B
Mrs F Mullen Senior Planning Officer
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