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Application No.: 22/00589/B Applicant: Mr Mark Willetts Proposal: Installation of replacement windows to front elevation to sliding sash double glazed windows in white uPVC frames Site Address: 37 Woodburn Square Douglas Isle Of Man IM1 4DD Technical Officer: Mr Thomas Sinden Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 13.06.2022
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.
The proposals meet the statutory tests within Section 18 of the Town and Country Planning Act 1999, as the proposals preserve the character of the conservation area. It is judged that the application also meets the tests of general policy 2, strategic policy 4 and environment policy 35 of the IOM Strategic Plan 2016 as the proposed conservation area is being protected and preserved, and the proposals do not adversely affect the character of the surrounding townscape. Whilst the proposed materials are not traditional as preferred by Environment Policy 34, they are considered acceptable in this instance given that the overall impact will be to preserve the character of the Conservation Area. The application is therefore judged to be acceptable.
This decision relates to drawings 2201/PL1000, 2201/PL1001, and 2201/PL1002, together with the other supporting information submitted on 11th May 2022.
_______________________________________________________________ Interested Person Status – Additional Persons
None _____________________________________________________________________________
1.0 THE SITE - 1.1 The site is 37 Woodbourne Square, a two bay, mid-terrace, three storey property on the north side of Woodbourne Square, within the Woodbourne Road Conservation Area. The property has a pitched roof, painted render wall finish on the front elevation, a bay window at ground floor level and a traditional four panelled door to the side of the bay with side lights and a fanlight.
2.0 THE PROPOSAL - 2.1 This application proposes to replace the timber framed sliding sash windows at ground and first floor level, as well as the UPVC framed top hung casement second floor windows, with UPVC framed sliding sash windows throughout. All of the windows will have a single vertical dividing bar to give a two over two pattern.
3.0 PLANNING POLICY - 3.1 The site is in an area zoned as predominantly residential on Map 5 of the Area Plan for the East 2020, and within the Woodbourne Road Conservation Area. The site is not in an area at risk of flooding. - 3.2 TOWN AND COUNTRY PLANNING ACT 1999
S18 Designation of conservation areas
(4) 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.
3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016
General Policy 2: 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:
3.4 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man
POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.
Category b) BUILDINGS IN CONSERVATION AREAS Policy 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.
4.0 PLANNING HISTORY - 4.1 The only planning history on the Department's digital database is application 87/01311/A, which refused the approval in principal to change the use from a private dwelling to an office.
5.0 REPRESENTATIONS - 5.1 The Department of Infrastructure Highways Division have stated that there is no highways interest in the application (26.5.2022). - 5.2 Douglas Borough Council have stated that they have no objections to the application (30.5.2022).
6.0 ASSESSMENT - 6.1 The issue here is whether the proposals would preserve or enhance the special character of the Woodbourne Road Conservation Area. - 6.2 The application proposes to replace the existing front elevation timber sliding sash windows at ground and first floor with UPVC framed double glazed sliding sash windows. As the opening method and the glazing pattern matches the existing windows, the guidance within planning circular 1/98 is being followed. As the proposal is for the style and method of opening to be like for like, it is judged that the application meets the statutory test within section 18 of the Town and Country Act 1999 as the proposals would preserve the character of the conservation area. It is also judged that the proposals do not adversely affect the character of the surrounding townscape. - 6.3 In addition to the replacement windows at ground and first floor level, the application also proposes to replace the existing second floor UPVC framed top opening casement windows on the front elevation with UPVC framed sliding sash windows. The replacement windows would match the others on the front elevation, and restore the historically appropriate style and opening method at second floor level. With this in mind, the replacement second floor windows are judged to enhance the character and appearance of the conservation area.
7.0 CONCLUSION - 7.1 It is judged that the proposals meet the statutory tests within Section 18 of the Town and Country Planning Act 1999, as the proposals preserve and in part enhance the character of the conservation area. It is also judged that the application meets the tests of general policy 2, strategic policy 4 and environment policy 35 of the IOM Strategic Plan 2016 as the proposed conservation area is being protected, preserved, partly enhanced and the proposals do not adversely affect the character of the surrounding townscape. Whilst the proposed materials are not traditional as preferred by Environment Policy 34, they are considered acceptable in this instance given that the overall impact will be to preserve and partly enhance the character of the Conservation Area. It is therefore recommended that the application be approved.
8.0 INTERESTED PERSONS STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
I can confirm that this decision has been made by the Head of Development Management 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 : 13.06.2022 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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