Officer Report

Application No.: 16/01232/B Applicant: Mr Ian Stuart Hamer Proposal: Replacement of timber windows with UPVC windows and installation of 3 rooflights Site Address: 3 Crosby Terrace Douglas Isle of Man IM2 5DG Case Officer : Miss Abigail Morgan Site Visit: 20.01.2017 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 APPLICATION SITE - 1.1 The application site is the 3, Crosby Terrace Douglas. The property is a traditional Victorian mid terraced 3 storey town house, located on the south western side of Ballaquayle Road, Douglas, near to the corner of York Road. - 1.2 The terrace to the front and rear contains a mix of window styles, frame materials and opening types with no predominant style or material, but uPVC being easily visible as a frame material. There are gable fronted dormers on the front roof pitches characterising the area. The front gardens have a generally consistent low front wall some with metal railings on top. The buildings all retain their decorative mouldings above and around the windows which adds to the character of the area. To the rear of the terrace the windows are nearly all non-bar style, with the exception of the application property. - 1.3 The application site lies within the Ballaquayle Road Conservation Area and is reflected in the Conservation Area Appraisal which states; "The length of Ballaquayle Road is more recognised for the terraces fronting the road which progress down the hill towards the sea"… The more notable features of the terraces are the "regular rhythm of splayed bay windows, gable peaks, decorative iron railings and other good quality Victorian detailing. The common use of materials and detailing serves to unify the group of terraces which makes a strong contribution to this main entrance to the town." (paragraph 2.8 page 5) - 1.4 The front elevation comprises of a three windows at first floor and 3 window bay window on the ground floor, all timber sliding sash. The first floor windows are swept head plain. The rear windows are 2 x centre bar and 2 x Georgian.

2.0 THE PROPOSAL - 2.1 Proposed is the installation of replacement of Bay window (3 x windows) 3 x first floor windows at the front and the five rear elevation windows, with upvc and 3 x Velux roof lights. - 2.2 The front elevation windows are to be replaced on a like for like basis, detailing and opening sliding sash. To the rear the proposal is to change detailing to non-bar (to match those at the front of the property). Proposed materials upvc white.

3.0 PLANNING HISTORY - 3.1 The application site has no previous planning applications.

- 4.0 POLICIES

4.1 In terms of local plan policy, the application lies within an area zoned as Predominantly Residential under the Douglas Local Plan 1998. As previously mentioned, the application site lies within Ballaquayle Conservation Area. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains one policy that is considered specifically material to the assessment of this current planning application: - 4.3 Environment Policy 35 "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." - 4.4 Planning Circular 1/98 also provides guidance on replacement of windows and in the case of buildings within 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."

5.0 REPRESENTATIONS - 5.1 No representations were received at the time of writing.

6.0 ASSESSMENT - 6.1 The fundamental issue to consider in the assessment of this current planning application are whether the replacement of the existing windows would preserve or enhance the appearance or character of the property. - 6.2 The Department 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 (EP35) of the Isle of Man Strategic Plan and the requirements of Planning Circular 1/98. These policies indicate 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 replacement windows detailing respond suitably to the original design. - 6.3 As previously noted within the street scene there is a mix of types of windows, albeit all nonbar style. The replacement windows on the front elevation would be almost like-for-like in appearance with the 50/50 split, except for material to be used. The proposed sliding sash windows would preserve the appearance of the building as viewed within the street scene and Ballaquayle Conservation Area given that sliding sash windows, which would have been the opening method of the original windows, would be retained. - 6.4 In the instance of front windows, the proposal would replicate the original or traditional method of opening, it is considered the replacement with a uPVC would not be detrimental to the building of the street scene. The windows policy states that there is no preference to the material used in windows in Conservation Areas, so the proposed UPVC has been recognised as an acceptable alternative to timber and is seen amongst other properties within the street scene and as such would preserve the conservation area. - 6.5 The stategy for the occupier is to have matching windows throughout the whole property, so the proposed windows at the rear match the non-bar style of those to the front rather than the

• existing design (centre bar and georgian). While there would be some conflict with Circular 1/98 the main test under EP35 is would they preserve or enhance the character or appearance of the area. As the proposal results in the loss of the current windows in terms of pattern and section of glazing bars the proposal cannot be said to enhance the conservation area. Notwithstanding this the majority of the windows along the rear of the terrace are non-bar windows and they would match those being installed in the front it is considered that, in this instance, the proposal would preserve the conservation area.
• 6.6 The rooflights are all on the rear of the property and whilst some may be visible from York Road, they are not considered so out of keeping or so adverse as to warrant refusal of the application.
• 6.7 As a result, it is concluded that the planning application accords with Environment Policy 35 and while there is some conflict with the requirements of Planning Circular 1/98 it is not considered to be significant enough to comprise a substantive reason for refusal of the planning application.

7.0 RECOMMENDATION - 7.1 On the basis of the above the application 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:

• (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 and
• (d) 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: 02.02.2017 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, Site Plan and Window Brochure Extract all date stamped received 2 November 2016 and Velux Rooflight details date stamped received 23.01.17.

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: 03.02.2017 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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