Officer Report

Application No.: 17/00139/B Applicant: Mr Roger Brown Proposal: Replacement white upvc casement windows to first floor front elevation Site Address: 27 Duke Street Douglas Isle of Man IM1 2AZ Case Officer : Mr S Moore Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application forms the residential curtilage of 27 Duke Street, Douglas, a three storey, terraced property located on the west side of Duke Street, just south of the Victoria Street. Strand Street junction in Douglas. - 2. THE PROPOSAL

2.1 The application seeks Planning approval for replacement casement windows in pvc to the first floor front elevation. - 3.0 PLANNING HISTORY

3.1 This property is the subject of the following previous applications:

3.2 Installation of a hardwood shop front to replace existing - 05/92324/B - PERMITTED - 3.3 Alterations to shop and offices including additional access to shop front - 01/00782/B PERMITTED

- 4.0 PLANNING POLICY

4.1 The site lies within an area designated on the Douglas Local Plan of 1998 as Predominantly Residential. The site also lies within the Athol Street / Victoria Street Conservation Area.

4.2 As Duke Street, is located within the Athol Street / Victoria Street Conservation Area and the application seeks approval for replacement windows in pvc to the first floor front elevation, 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).

Strategic Policy 4 states: 'Proposals for development must:

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• (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.' 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."

• Environment Policy 34 states:

'In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.'

• 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."

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."

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5.0 REPRESENTATIONS - 5.1 None

6.0 ASSESSMENT - 6.1 The application seeks Planning approval for replacement windows in pvc to the first floor 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 As the site is located within the Athol Street / Victoria Street Conservation Area, it is necessary to consider whether these proposals either preserve or enhance the character of the Conservation Area. In the first instance, it is necessary to assess the character of the immediate Conservation Area. - 6.4 This section of the Athol Street / Victoria Street Conservation Area is quite interesting in terms of its architectural approaches. In the main, the properties are three storeys but vary in architectural approach. The heights of the buildings and the use of painted render tend to draw the context of the area together. Even the Topshop/TopMan building on the corner of Duke Street, which is a mid-20th century design, utilises painted render. - 6.5 That proposed, is the replacement windows in pvc to the first floor front elevation. The existing windows at first floor are divided into three with only the central section opening as a top hung casement. The format of windows proposed divides the windows into two equal halves with the top most section only, being top hung. In doing so, it reintroduces a more familiar equal subdivision format which is considered more in keeping with the area and the character of the building and in doing so, is considered more appropriate. - 6.6 In conclusion, this application seeks Planning approval for replacement windows in pvc to the first floor front elevation 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 Category b) Buildings in Conservation Areas within Windows Policy 1/98 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 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

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• (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:

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 Location Plan, Existing Front Elevation, Proposed Front Elevation, Window Information and Photograph of Front Elevation all date stamped received 7 February 2017.

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

Decision Made : Permitted Date : 19.05.2017 Determining officer Signed : J CHANCE Jennifer Chance Director of Planning and Building Control

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