DEC Officer Report

Application No.: 20/00794/B Applicant: Fistard Property Investments Limited Proposal: Installation of replacement windows and shop front Site Address: 2 King Street Douglas Isle Of Man IM1 2BA Planning Officer: Mr Peiran Shen Photo Taken: 12.08.2020 Site Visit: 12.08.2020 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 16.09.2020 _________________________________________________________________

Conditions and Notes for Approval

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.

• C 2. For the avoidance of doubt the first floor windows (upper section) hereby approved shall include all glazing bars as shown on drawing 1549.1 and which shall be externally stuck and all retained thereafter. Reason: In the interests the appearance and character of the property and Conservation Area.

This application has been recommended for approval for the following reason. This application is considered to comply with General Policy 2 and Environment Policy 35 of the Strategic Plan, Planning Circular 1/98 and Planning Policy Statement 1/01.

Plans/Drawings/Information; This approval relates to the submitted documents, window details and drawing no. 1549.1 date-stamped as having been received on 23rd July 2020. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the commercial curtilage of 2 King Street, Douglas, a four-storey end-terrace property located on the north of the east end of King Street. - 1.2 On the front elevation, the shop front and front door on the ground floor is formed with aluminium frame and single-glazed glass panels. The windows on the first floor are three timber top sliding sashes with a 30/70 split. Each top panel has one horizontal glazing bar and three vertical glazing bars. There are two windows on the second floor. They have the same pattern as the ones on the first floor but without the glazing bars. There are a short sliding sash and a tall casement window on the dormer on the third floor. - 1.3 On the rear elevation, there is a sliding sash and two fixed panel windows to the north. There are three sliding sash windows and a fixed panel window to the south.

2.0 THE PROPOSAL - 2.1 The current planning application seeks full approval for the installation of replacement windows and shopfront. - 2.2 The existing aluminium single glazed shopfront/doors will be replaced with an aluminium double-glazed unit with the same style and pattern but improved thermal preservation abilities. - 2.3 The existing timber single glazed window on the first floor on the front elevation will be replaced with uPVC windows with the same style and pattern, including the glazing bars. - 2.4 The existing timber single glazed window on the second and third floor will be replaced with uPVC double-glazed sliding sash windows with a 50/50 split. - 2.5 All existing windows on the rear elevation will be replaced with uPVC double-glazed sliding sash with a 50/50 split and no glazing bars.

- 3.0 PLANNING HISTORY

3.1 There is no previous application considered materially relevant to this application. - 4.0 PLANNING POLICY

4.1 In term of local policy, the site is designated as "predominantly shopping use" in the Douglas Local Plan 1998. The site is within the Athol Street and Victoria Street Conservation Area.

4.2 The Isle of Man Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application: - 4.3 General Policy 2 states: "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:

• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape; (g) does not affect adversely the amenity of local residents or the character of the locality:

• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

4.4 Environmental Policy 35 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."
• 4.5 It is also important to consider Planning Policy Statement 1/01 (Conservation of the Historic Environment of the Isle of Man) - Policy CA/2, (Conservation Areas); "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."
• 4.6 In terms of Planning Circular 1/98: The Alteration and Replacement of Windows set down the policies in respect of the alteration or replacement of windows. (Part 6 Category b) Buildings in Conservation Areas states:

"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"

- 5.0 REPRESENTATIONS

5.1 There is no comment received at the time of the report (16/09/2020). - 6.0 ASSESSMENT

6.1 The key issue to consider in the assessment of this application is whether the replacement windows would meet the test set out in Environment Policy 35 and other policies mentioned above in either preserving or enhancing the Conservation Area.

6.2 The replacement windows will all be similar on size and appearance. It will also keep the existing format (shopfront/door and windows on the first floor of the front elevation). This will preserve the street-scene, as the replacements are looking similar to the existing windows. - 6.3 While the Planning Circular 1/98 states replacement windows should be a replica of the original windows in design as much as possible, the focus can be summarized into three points:

• windows visible from a public highway have higher priorities than other windows; O opening method of a window is more important than other design features; O patterns and frame are less important if not visible;

6.4 The property is visible by the public. Keeping the sliding sash format for the front elevation is very import to the preservation of the character of the Conservation Area. Although uPVC frame would not appeal the same texture as timber, the keeping of the form is important enough to overlook the difference created by materials. - 6.5 Replacing the windows on the second and third floor on the front elevation and all the windows on the rear elevation with sliding sash is considered to enhance the character of the Area.

- 7.0 CONCLUSION

7.1 For the above reasons the application is considered to comply with General Policy 2, Environment Policy 35, Planning Policy Statement 1/01 and Policy 1/98. It is considered acceptable and is recommended for approval. - 8.0 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 which 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.

Decision Made : Permitted Date: 17.09.2020 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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