DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00568/B Applicant: Mr Christopher & Mrs Sylvia Richard Proposal: Installation of replacement windows to front elevation Site Address: 22 Kensington Road Douglas Isle Of Man IM1 3EP Principal Planning Officer: Belinda Fettis Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 10.07.2024

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.

• C 2. The dark coloured film proposed applied to the non-opening top grid section as shown on the LDGlazing quote shall be applied and be retained thereafter.

Reason: For clarity and to ensure an existing feature is replicated to protect the character within the Conservation Area in accordance with Strategic Policy 3 and Environment Policy 35 of the Isle of Man Strategic Plan 2016.

This application has been recommended for approval for the following reason.

The proposal replicates the existing windows frames sufficiently in proportion and although the openings are different the method of opening reduces the thickness of the bars thus providing a visual closer to that which exists. Having regard to Section 18(4) of the Town and Country Act (1999), Planning Policy Statement 1/01 and Planning Circular 1/98 the proposal causes slight harm but overall preserves the Conservation Area and is therefore acceptable.

The proposal accords with the aims and objectives of Environment Policy 35 and General Policy 2 of the Isle of Man Strategic Plan 2016 and the Design Guide.

Plans/Drawings/Information;

This decision relates to the following detail, plans and drawings received on the 14th of May 2024;

• - Location Plan
• - Site Plan
• - Numbered photographs of each window and door for replacement
• - Photograph of the mid-terrace property
• - Window detail quote by LD Glazing dated 27.03.2024 _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

- 1. THE APPLICATION SITE

• 1.1. The application relates to front elevation windows in a mid-terrace dwellinghouse, no.

• 22 Kensington Road, Douglas and its curtilage which comprises amenity space to the front and rear.

1.2. Dwellinghouses on Kensington Road are of mixed periods, and dwellings are by and large grouped in their respective period. The dwellinghouses, no.21, 22 (application site) and

• 23 are of a different character to others, being industrial revolution type brick faced with tall Georgian windows and Elizabethan features within the apex of front gables and porches. Tall chimneys exist between dwellinghouses.

• 1.3. The remaining dwellinghouses in the same terrace are of a different design with a mix of finishes such as render with mouldings around windows and doors and render with no features at all.

2. THE PROPOSAL

• 2.1. Planning permission is sought for the installation of replacement windows to the front elevation.

• 2.1.1. The application is supported by a photograph whereupon each window is numbered in correspondence to the numbered window within the submitted replacement quotation.
• 3. PLANNING HISTORY

• 3.1. No history relevant to the determination of this planning application.
• 4. PLANNING POLICY

• 4.1. The site is not within a Flood Risk Zone nor is it a Registered Building or within the setting of one and there are no protected trees within or abutting the site.

• 4.2. The site is within an area designated as 'Predominantly Residential' on the Douglas Local Plan 1998 (Map 2) and within the Woodbourne Road Conservation Area therefore the following Policies and documents from the Isle of Man Strategic Plan 2016 are considered to be relevant in the determination of this application.

• 4.3. Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced.
• 4.4. Strategic Policy 4: Proposals for development must protect or enhance the fabric and setting of buildings within a Conservation Area.

• 4.5. Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.
• 4.6. Environment Policy 35 states that 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.
• 4.7. General Policy 2 of the Strategic Plan 2016: 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; and (g) does not affect adversely the amenity of local residents or the character of the locality.

• 5. Other Material Considerations

• 5.1. 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".

• 5.2. Planning Policy Statement 1/01 states that 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.

• 5.3. 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'.
• 5.4. The Residential Design Guide provides guidance on all aspects of design including architectural guidance to ensure retention of the existing character of a building that includes attention to detail of scale, position, symmetry, glazing, materials and texture, and consideration of the impacts upon residential amenity.

- 6. REPRESENTATIONS

• 6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only.

• 6.2. Douglas Borough Council - No objection (24.05.2024)

• 6.3. Highways Services - No interest (17.05.2024)
• 6.4. Manx National Heritage - although consulted on 14.05.2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
• 6.5. Registered Buildings Officer - although consulted on 14.05.2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.

- 7. ASSESSMENT

• 7.1. Given the land designations, in accordance with Section 18(4) of the Town and Country Act (1999) special attention is given to assessing whether the proposal preserves and or enhances the Conservation Area. As part of that assessment Planning Circular 1/98 and Planning Policy Statement 1/01 are applicable, as are the aforementioned Policies.

• 7.2. Therefore the main considerations are whether the proposal at least preserves the character of the dwellinghouse and as such the Conservation Area, anything less is unacceptable.

• 7.3. The proposal makes no changes to the style of the windows, although timber is the preferred material as is the sash opening. The proposal seeks approval for side openings rather than sash.
• 7.4. Bottom or top openers generate a wider mid bar visual because of the coming together of the two casements. The use of the side opener lessens the impact of the new UPVC window and so visually in the streetscene the impact would be minimal.

- 8. CONCLUSION

• 8.1. Replacement timber sash windows on the front elevation to enhance the character of the dwellinghouse and the Conservation Area are preferred. However it is concluded that the proposal replicates the existing windows in proportion and is therefore acceptable in that regard.

• 8.2. Taking account of Section 18(4) of the Town and Country Act (1999), Planning Policy Statement 1/01 and Planning Circular 1/98 the proposal causes slight harm to the Conservation Area because of the change in openings.

• 8.3. In weighing up the planning balance, it is considered that overall the side opening causes less harm than a wider mid-bar and the slight harm is outweighed by the improvements to thermal insulation of the property and the proposal accords with the aims and objectives of Environment Policy 35 and General Policy 2 of the Isle of Man Strategic Plan 2016.

• 8.4. Therefore this application is recommended for approval.
• 9. INTERESTED PERSON STATUS

• 9.1. 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 a Principal Planner 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: 10.07.2024 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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