Officer Report

Application No.: 17/00130/B Applicant: Mr John Fitzsimmons & Miss C Martin Proposal: Replacement of existing window with french doors Site Address: Dilkoosha 13 Selborne Drive Douglas Isle of Man IM2 3LR 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 13 Selborne Drive, Douglas, a two storey, semi-detached property located on the corner of Tennis Road and Selborne Drive in Douglas. - 2. THE PROPOSAL

2.1 The application seeks Planning approval for replacement of an existing rear window with a pair of painted timber French doors to the rear elevation. - 3.0 PLANNING HISTORY

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

3.2 Installation of replacement windows and additional kitchen window - 01/02189/B PERMITTED - 3.3 Alterations, replacement garage door with upvc door, relocation of flue and installation of two additional roof lights - 16/00167/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 a Conservation Area.

4.2 As Selborne Drive, is located within the Selborne Drive Conservation Area designated in September 2003 and the application seeks approval for replacement of an existing rear window with a pair of painted timber French doors to the rear 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 No representations were received at the time of writing.

6.0 ASSESSMENT - 6.1 The application seeks Planning approval for replacement of an existing rear window with a pair of painted timber French doors to the rear 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 Selborne Drive Road 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 Selborne Drive Conservation Area is quite interesting in terms of its architectural approaches. In the main, the houses are semi-detached and two storeys but vary in architectural approach and use of materials. Its context therefore is really quite diverse. - 6.5 That proposed, is the replacement of an existing rear window with a pair of painted timber French doors to the rear elevation. The existing window faces onto an internal rear garden that in turn faces a rear lane. The observer should not be able to see the existing window or its proposed replacement from the main public thoroughfares. That said, the proposed French doors utilise the same detail approach as the existing windows and should be perfectly in keeping. - 6.6 In conclusion, this application seeks Planning approval for replacement of an existing rear window with a pair of painted timber French doors to the rear 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
• (e) The local authority in whose district the land the subject of the application is situated.

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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 drawing JF-20 Rev A 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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