Officer Report

Application No.: 16/00898/B Applicant: Mr Stuart Osborne Proposal: Installation of replacement front windows and door to dwelling Site Address: 5 Upper Dukes Road Douglas Isle of Man IM2 4BA Case Officer : Mr S Moore Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The site is the residential curtilage of 5 Upper Dukes Road, Douglas which is an existing dwelling which sits fronting onto Upper Duke's Road and backs onto a rear lane beyond which there is additional land which also belongs with the dwelling. This lane is narrow and accessed from the south western end of Duke's Road through a narrow in and out access and the lane does not lead all the way through to the lane at the north eastern end. - 1.2 The house is a terraced dwelling with the distinctive chequerboard brick pattern in brown and yellow (diaper-work) which identifies this particular part of Douglas and has led to its inclusion in the Olympia Conservation Area in Douglas, designed in 2003. The Conservation Area Appraisal makes particular reference to these properties, noting with disappointment that some has been rendered or pebble-dashed which has detracted from the overall interest of the terrace. The Appraisal also notes that "the aim would be to encourage an overall pattern of fenestration to be adopted when replacing windows, together with a painting colour scheme to help enhance the appearance of these curious but special properties" (paragraph 3.5). Each property has a plaque with a name upon it - Clarence, Edinburgh, Devonshire, Empress, Albert, York etc - Ducal and Regal references. - 1.3 The existing dwelling has a mixture of top opening uPVC casement windows at ground and first floor (total of three windows). The windows include Georgian bar panelled windows.

2.0 THE PROPOSAL - 2.1 The application seeks planning approval for replacement of existing PVC casement windows and door to the front elevation with PVC windows and doors to match.

3.0 PLANNING HISTORY - 3.1 This property has not been the subject of any previous applications in relation to replacement windows/doors. The terrace has, however, been the subject of a number of applications which are considered relevant to the consideration of the current application.

4.2 Perhaps the most relevant is an appeal decision which refused the installation of plastic framed casement windows at number 6 (PA 11/00167/B). This proposal was to replace the two existing sliding sash windows in the first floor of the front elevation with plastic framed top opening casements and also to replace the ground floor window which had already been replaced with a plastic framed casement window. The application was refused and at appeal the inspector comments that,

• "It is safe to assume that originally all the houses had timber sliding sash windows at least on the front elevation. Barely any remain. Aside from the upper windows at number 6, there are upper timber sashes at No. 17 (which might be originals) and what could be sashes upstairs at No. 5 though these are plainly modern with quite a different pattern of glazing bars. Otherwise there is an eclectic mix of uPVC and modern hardwood windows with fixed, top hinged, bottom hinged and side hinged casements and fanlights. There is an equivalent mixture in the doors".
• 4.3 He goes on, "There is no suggestion that the Department intends, or indeed could, seek to restore something closer to the original windows along the terrace. I therefore have considerable sympathy with the appellant's submissions, contrasting the refusal in his case with what has been installed more generally along the terrace. However, his house does still exhibit something of the terrace's original character in its upper windows. Their replacement by windows not only different in the material used but in the pattern of glazing bars and opening method, would further erode what little remains of this aspect of the terrace's original appearance and character. In many ways the terrace's strong unifying brickwork serves only to emphasise the discordant pattern of joinery. And if the upper windows should remain at least broadly as they appear now, it follows that the lower window should not be replaced by something entirely different". He concludes that the windows neither enhance or preserve the character of the terrace and the application was refused.

4.3 A further application for number 6 was approved (PA 12/00770/B) with sliding sash windows in the first floor of the front elevation and casements in the rear with the ground floor window remaining as was. - 4.4 Other applications have accepted plastic framed casements in the front elevation - PA 16/00175/B the installation of replacement uPVC top opening casement windows to front elevation. PA 14/01180/B the replacement of the windows with top hung outward opening casements, PA 11/01035/B replaced casements with casements at number 10, PA 05/00127/B approved casements on the front elevation of number 7 and as a result of this, similar windows were approved at number 9 (PA 06/00018/B). In the case of PA 05/00127/B the existing windows were not original and what were proposed were to be the same as those in No.8, next door (no record of permission). At that time, it was suggested that there were only two properties in the terrace with their original sliding sashes.

4.0 PLANNING POLICY - 4.1 The site is identified as 'Predominantly Residential' on Map No.3 (North) of the Douglas Local Plan 1998. - 4.2 As Upper Dukes Road, Douglas is located within the Olympia Conservation Area designated in 2003 and the application seeks replacement of the windows, the relevant planning policies from the Isle of Man Strategic Plan 2012 are Strategic Policy 4, General Policy 2, and Environment Policies 34, and 35. These should be read in conjunction with Policies CA/2 of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man). - 4.3 Strategic Policy 4 states: 'Proposals for development must:

• (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas, and sites of archaeological interest;
• (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and
• (c) not cause or lead unacceptable environmental pollution or disturbance.'

4.4 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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (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;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (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."

4.5 Environment Policy 34 states: 'In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.' - 4.6 Environment 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." - 4.7 Policy CA/2 - Special Planning Considerations states: "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."

5.0 REPRESENTATIONS - 5.1 Douglas Borough Council have considered the application and 'have no objections hereto' (06.09.2016). - 5.2 Highway Services comment that the application has no highway implications (18.08.2016).

6.0 ASSESSMENT - 6.1 The application seeks Planning approval for replacement of existing PVC casement windows and door to the front elevation with PVC windows and doors to match. The new windows would have a 50/50 split to all three windows to front elevation.

6.2 The key issue in the consideration of this application is whether the proposals "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." - 6.3 The existing windows and doors are PVC and were replaced prior to the designation of the Conservation Area in 2003.

6.7 A large portion of the windows and doors in this run of terrace have been replaced with either PVC or aluminium. The character of the terrace therefore is informed by that. Much of the interest of the terrace lies in the diaper work decorative treatment of the brickwork, the decorative rendered window heads and the painted treatment of those and the plinth. The windows are a minor aspect of the character and certainly not the first thing that the observer sees when visiting the area although the terrace would have been enhanced by the retention of the original sliding sashes or replacement with a similar style of opening, as is observed by the inspector considering the earlier application for the replacement of sliding sashes with casements. In other, simpler detailed terraces elsewhere in the upper Douglas Conservation Areas, the emphasis on the correct detailing of the likes of windows and doors is heightened. - 6.8 In this instance, given the character of this part of the Conservation Area and the style and appearance of the existing windows, the application to replace the windows with simple top hung casements and the simpler front door, is considered to preserve the character of the Conservation Area and is therefore acceptable. - 6.9 In conclusion, this application seeks Planning approval for replacement of existing PVC casement windows and door to the front elevation with PVC windows and doors to match is thereby considered to comply with part (a) of Strategic Policy 4 and part (c) of General Policy 2, Environment Policies 34, and 35 and Policies CA/2 of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man) and is therefore acceptable.

7.0 RECOMMENDATION: - 7.1 For the above reasons the application is considered to be acceptable and is recommended for approval.

8.0 PARTY STATUS: - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• o The applicant, or if there is one, the applicant's agent;
• o The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• o Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material , in this case, Department of Infrastructure Highway Services and
• o The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted

Date of Recommendation: 13.10.2016

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

This approval relates to drawing reference numbers 0101, 0101A, 0101B and 0101C all received 1st August 2016.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 18.10.2016 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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