DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00143/B Applicant: Mr John & Mrs Sheila Russell Proposal: Installation of replacement windows Site Address: Flat 1 23 Woodbourne Road Douglas Isle Of Man IM1 3HH Planning Officer: Lucy Kinrade Recommended Decision: Permitted Date of Recommendation: 05.04.2024

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason. The application meets Section 18 of The Act and accords with General Policy 2 (b, c, g) and Environment Policy 35 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This approval relates to the following all date stamped received 26/01/2024:

• o Drawing Ref: B - location site plans
• o Drawing Ref: C - photographs
• o Drawing Ref: D - proposed windows and doors
• o Drawing Ref: E - spec brochure _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site relates to one of three flats at 23 Woodbourne Road, Douglas.

2.0 THE PROPOSAL - 2.1 Proposed is the replacement of:

• o 2 x front elevation windows
• o 3 x rear elevation windows
• o 1 x rear elevation back door

3.0 PLANNING HISTORY - 3.1 Approval for the 3 flats was granted under 90/00025/B. Approval for the existing windows was given under 11/01031/B.

4.0 PLANNING POLICY - 4.1 The site lies within an area designated as Residential on the Area Plan for the East 2020 and within a Conservation Area. - 4.2 Relevant Strategic Plan 2016 Policy:

• o General Policy 2 (b) (c) (g) - general standards towards acceptable development visual and neighbouring amenity
• o Environment Policy 35 - preserve or enhance Conservation Area (CA)

4.3 Material Considerations:

• o Planning Circular 1/98 - guidance on replacement windows in CA
• o PPS 1/01 - guidance on works in CA and to older buildings

4.4 Legislation - Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". Given that the site is within a within Conservation Area the above requirements apply and appropriate consideration will be given in the assessment.

5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only. - 5.1 Douglas Council - no objections (19/02/2024) - 5.2 No comments received from neighbouring properties. - 5.3 Comments were also sought from the following people but nothing received as of 05/04/2024:

• o Manx National Heritage
• o DEFA Registered Buildings and Conservation Area team
• o Manx Utilities

6.0 ASSESSMENT - 6.1 The proposal is considered to meet the statutory test of Section 18 (4) in that the proposal is considered to preserve the conservation area and the reasons for this are set out below. - 6.2 The issues in this case are whether the replacement windows and rear door would result in any adverse impact on the character or appearance of the existing property or the wider streetscene (GP2, EP35, PC1/98, PPS 1/01, S18 of the Act and RDG). Impact on Character and Appearance

6.3 The works relate to one front elevation window, and three windows and one door on the rear elevation all of which are existing non-traditional upvc units and the windows are top opening casements. Whilst it would be preferred to have traditional sliding sash windows reinstalled, particularly across the front elevation which contributes most to the Conservation Area here, unfortunately the existing situation having already poor form windows and doors, and the proposal seeking to replicate these exactly, that the works will not change the overall appearance of the property and so its appearance within the CA would not change thus preserving the character and appearance of the Conservation Area as required by EP35. CONCLUSION - 7.1 Whilst it's a shame that sliding sash for the front elevation has not come forward which would enhance the existing property, the proposal is considered to be within the tests of EP35 and would not result in any increased harm to the overall Conservation Area beyond the existing windows. The application meets Section 18 of The Act and accords with General Policy 2 (b, c, g) and Environment Policy 35 of the Isle of Man Strategic Plan 2016. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department
• of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status.

I can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 05.04.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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