Officer Report

Application No.: 16/00662/B Applicant: Mr Colin & Mrs Deborah Lias Proposal: Installation of replacement windows to front elevation Site Address: 39 Hawarden Avenue Douglas Isle of Man IM1 4BW Case Officer : Mr Chris Balmer Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE SITE - 1.1 The site is the residential curtilage of 39 Hawarden Avenue, Douglas which is an existing dwelling which sits fronting onto Hawarden Avenue and backs onto a rear access lane. The dwelling is a terraced dwelling with the distinctive Victorian features and ground floor projecting bay window. - 1.2 The existing dwelling has aluminium timber sliding sash windows to the front elevation.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the installation of replacement windows to front with uPVC sliding sash windows which have the '50/50' split arrangement. windows. A total of six windows would be replaced.

3.0 PLANNING STATUS AND POLICY - 3.1 The site lies within an area designated on the Douglas Local Plan of 1998 as Predominantly Residential. The site also lies within a Conservation Area. - 3.2 The Strategic Plan contains a policy which seeks the preservation or enhancement of property within a Conservation Area (EP 35). 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."

3.3 This echoes the policies of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man. - 3.4 Planning Circular 1/98 also contains advice about the replacement of windows: "BUILDINGS IN CONSERVATION AREAS 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."

4.0 PLANNING HISTORY - 4.1 This property has not been the subject of any previous applications. - 4.2 Installation of replacement windows and doors (to rear elevation) - 07/00425/B - APPROVED - 4.3 Erection of a conservatory to rear elevation - 06/01744/B - APPROVED

5.0 REPRESENTATIONS - 5.1 Douglas Borough Council indicates that they do not oppose the application (received on 11.03.2016). - 5.2 Highway Services do not oppose (received on 24.06.2016).

6.0 ASSESSMENT - 6.1 The main issue to be considered in the assessment of this application is the impact of the proposed development upon the character and appearance of the Conservation Area and the individual property. - 6.2 The Planning Authority has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2007). This policy indicates that development within Conservation Areas will only be permitted if they 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 street-scene, especially within the terrace the properties is part of, retaining either the original timber sliding sash windows, or at least uPVC sliding sash windows, similar to what is now proposed. - 6.4 Whilst it would generally be preferred to replace all the windows with timber sliding sash windows within Conservation Areas, tit has generally been accepted to allow uPVC windows, as long as the replacements have the same opening method i.e. sliding sash. - 6.5 Clarification was sought from the applicants to ensure the three first floor windows included arched window frames, as the initial drawing did not include this. Accordingly, the applicants have confirmed (email dated 04.07.16) that the proposal would include an arched frame to the first floor windows. This should be conditioned. - 6.6 Accordingly, replacing the windows to the front elevation is considered to be appropriate and it is considered the proposal would preserve the Conservation Area and the individual property and therefore the proposal would comply with Environment Policy 35 of the Isle of Man Strategic Plan.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) 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;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
• (d) The Highways Division of the Department; and
• (e) 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: 18.07.2016 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.

• C 2. For the avoidance of doubt the three first floor windows are required to have arched frames to match the existing window design. Reason: To ensure the satisfactory preservation of the Conservation Area. This approval relates to the submitted documents and drawings all received on 13th June 2016.

I can confirm that this decision has been made by the Interim Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 19.07.2016 Determining officer

Signed : J CHANCE Jennifer Chance Interim Director of Planning and Building Control

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