DEC Officer Report

Application No.: 22/00901/B Applicant: Ms Helen Godfrey Proposal: Installation of replacement windows to the front and rear and replacement door to the rear (Retrospective) Site Address: Flat 1 Grd Floor 11 Mount Bradda Douglas Isle Of Man IM1 4AR Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 09.02.2023

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

This application has been recommended for approval for the following reason. The proposal complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 19th July 2022;

• o Site Plan
• o Location Plan
• o Photos of the replacement windows
• o Details of the door which was installed _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of Flat 1, 11 Mount Bradda, Douglas which is a two bay, three storey terraced property situated to the East of Mount Bradda Road. THE PROPOSAL - 2.1 The current planning application seeks approval for the replacement of the existing UPVC windows with like for like replacements (retrospective) and for the installation of a new rear door. PLANNING HISTORY - 3.1 There is one previous application which is relevant to the assessment of this application PA95/01215/B which was for the replacement of timber windows with uPVC bottom opening casements.

3.2 The proposal also includes the retrospective replacement of the rear door. PLANNING POLICY - 4.1 The site lies within an area zoned as Predominately Residential on the Area Plan for the East, Map 4 - Douglas. The site isn't within a Flood Risk Zone but is within a Conservation Area.

4.2 Given the nature of the of the land designation and the property being within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area.

REPRESENTATIONS 5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal and state they have no Highways Interest. (04.08.22)

5.3 No comments have been received from Douglas Corporation at the time of writing this report. ASSESSMENT - 6.1 The main issues to consider in the assessment of this planning application are:

• - Section 18(4) test
• - character and appearance (GP2, b,c)

- 6.2 SECTION 18(4) TEST

• 6.2.1 Due to the proposed works being in a Conservation Area it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area.

• 6.2.2 The proposed works are in two separate parts of the site, the proposed rear door and the replacement windows.
• 6.2.3 Firstly when assessing the proposed, due to the positioning of the rear door and the high walling to the rear lane, it is unlikely to be viewed from a public vantage point, with this and

the fact that the door would be an acceptable replacement within a Conservation Area means that there would be a minimal impact upon the Conservation Area and is deemed acceptable.

• 6.2.3 Turning towards the replacement windows. Having looked at the back history there was approval for the replacement of the original timber to bottom opening uPVC in 1995, which can clearly be seen as having been done, based on the rest of the property. As such whilst casements are not generally acceptable it is a like for like replacement of already approved windows and deemed acceptable in this case.
• 6.2.4 With the above in mind the works will pass the Section 18(4) test by preserving the Conservation Area. 6.3 CHARACTER AND APPEARANCE

• 6.3.1 When looking at the character and appearance of the proposed works on the surrounding area, the main impact would be making sure that the works preserve or enhance the Conservation Area, as stated above the replacement windows and door are deemed acceptable, and in turn means that they comply with Environment Policy 35. CONCLUSION
• 7.1 The proposed doorway and replacement windows are deemed acceptable in terms of their form, mass and design which will ultimately preserve the overall Conservation Area and as such complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016. INTERESTED PERSON STATUS
• 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

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 above 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: 16.02.2023

Determining officer

Signed : A MORGAN Abigail Morgan Principal Planner

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