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The application site is 14 Clifton Terrace, Douglas, an end terrace property situated on the corner of Clifton Terrace and Princes Avenue.
This application seeks approval for the installation of replacement windows to the front, side and rear elevations of the building. The existing windows are timber sliding sash. The proposed windows would be uPVC casements.
In terms of local plan policy, the application site is located within an area designated as 'Predominantly Residential' in the Douglas Local Plan Order 1998, Map No. 2 (South). The site is within the Douglas (Ballaquayle Road) Conservation Area.
Within the Isle of Man Strategic Plan 2007, Environment Policy 35 is judged to be relevant. This states:
"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."
Planning Circular 1/98, The Alteration and Replacement of Windows, contains paragraphs which are considered material to the assessment of this current planning application;
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.
Windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material used in the construction.
Reasons for Policy: The Department has a duty to determine which parts of the Island are areas of special architectural or historic interest, the character of which it is desirable to preserve or enhance, and shall by order designate such areas as Conservation Areas. Planning Approval is required for all external works to properties in Conservation Areas to ensure that any proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole.
The following previous planning application is considered relevant in the assessment and determination of this application:
09/01495/LAW was an application for a certificate of lawful use of the building as seven apartments. This was accepted as the buildings lawful use.
The Highways Division of the Department of Infrastructure does not oppose this application. Douglas Corporation does not object to this application.
The policies set out above demonstrate the stance to be taken towards applications which seek to replace windows in buildings located within Conservation Areas.
As can be seen, the protection of features which contribute to the character of the Conservation Area is the key objective of established policy with EP35 requiring preservation or enhancement and Planning Circular 1/98 requiring new windows to replicate the method of opening and glazing bar layout of existing windows. It follows that the only window style that would accord with policy would be sliding sash windows which replicate the existing. The choice of material is not the deciding factor, although timber is preferable and grant assistance is available as an incentive for using traditional materials. It is notable that of the 13 properties in the terrace, 4 have casement windows but the majority (9) retain sliding sash windows.
The proposal to replace the existing windows with uPVC casements does not find favour with either EP35 or Planning Circular 1/98 and as such the application is unacceptable.
Refuse.
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:
Douglas Corporation
Accordingly the following parties are not granted Interested Party Status:
The Highways Division and the Planning Authority are both part of the Department of Infrastructure. As such, the Highways Division cannot be afforded Interested Party Status.
Recommended Decision: Refused
Date of Recommendation: 08.08.2011
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
The proposed windows would not replicate the method of opening of the existing windows contrary to Planning Circular 1/98 and as such would fail to preserve or enhance the character and appearance of the Conservation Area.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager.
Decision Made : Refused Date : 11/8/11
Signed : _________________________ Michael Gallagher Director of Planning and Building Control Delete as appropriate
Signed : Mance Jennifer Chance Development Control Manager
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