Planning Officer Report

Officer's Report

Application No.:	12/01075/B
Applicant:	Fairmitre Windows (IOM) Ltd
Proposal:	Installation of replacement windows to bay window
Site Address:	3 Marathon Drive Douglas Isle Of Man IM2 4BP
Case Officer:	Mr Jamie Leadbeater
Photo Taken:	14.08.2012
Site Visit:	14.08.2012
Expected Decision Level:	Officer Delegation

The Application Site

1. The application site is the residential curtilage of a two storey Victorian terrace property on Marathon Drive in Douglas. The front elevation has a distinctive brick facade at first floor level and a timber bay window that helps to support a tiled lean-to roof. More specifically, the bay window is constructed from a painted timber frame. It has a set of top-hung, outward-opening casements in the middle section of the bay window which are painted shut. The casements contain stained glass with a distinctive pattern.

The Proposal

1. Proposed is the installation of a replacement bay window at ground floor level on front elevation. The replacement window will be constructed from hardwood timber frames to replicate the existing style. The stained glass in the existing windows will be removed, repaired and installed into the new frames.

Planning History

1. The application site has been the subject of a number of previous planning applications, one of which is considered specifically material to the assessment of this current planning application:

99/02018/B - Installation of replacement uPVC windows – Permitted.

Planning Policy

1. The application site falls within an area designated for Predominantly Residential use in the Douglas (South) Local Plan 1998. The site also falls within the later adopted Douglas (Olympia) Conservation Area in 2003. There are no policies that accompanies the local plan, which are considered specifically material to the assessment of the planning application.

1. The Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application. 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:

• (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;
• (g) does not affect adversely the amenity of local residents or the character of the locality".

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."

1. Planning Circular 1/98, The alteration and replacement of windows, the policy for Category B 'buildings in conservation areas' states:

"If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be 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".

REPRESENTATIONS

1. Douglas Borough Council has no objection to the proposal.

ASSESSMENT

1. The proposed replacement window will replicate the same glazing bar pattern as the existing, and incorporate the existing unique stained glass that is a fundamental part of the existing windows character. Furthermore, the replacement window will replicate the same top-hung outward-opening casement windows that don't open in the existing window. As such, the visual impact of the development is minimal as viewed in the street-scene. The proposal will enable the application property to retain its original character and enhance the character of the Conservation Area. Overall, the proposal complies with the relevant policy provisions in General Policy 2 and Environment policy 35 in the Isle of Man Strategic Plan 2007, and Planning Circular 1/98.

RECOMMENDATION

1. It is recommended that the planning application be approved.

PARTY STATUS

1. It is considered that the following parties that made representations to the planning application should be afforded interested party status:

The local authority, Douglas Borough Council are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered "interested persons" and as such should be afforded party status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 03.09.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to the installation of a replacement bay window on front elevation, as shown in the 1:50 scale proposal drawing, 1:1000 scale Location Plan and 1:200 scale Site Plan, all received on the 30th July 2012.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made: Permitted Date: 4.9.12

Determining officer (delete as appropriate)

Signed: _________________________ Anthony Holmes Senior Planning Officer

Signed: _________________________ Michael Gallagher Director of Planning and Building Control

Signed: _________________________ Sarah Corlett Senior Planning Officer

Signed: _________________________ Jennifer Chance Development Control Manager