DEC Officer Report

Application No.: 24/91004/B Applicant: Mrs Patricia Ingram Proposal: Installation of replacement windows and doors and creation of double doors from an existing rear window Site Address: 15 Hatfield Grove Douglas Isle Of Man IM1 3HE Planning Officer: Graham Northern Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 24.10.2024 _________________________________________________________________

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 proposal meets the tests of General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, as the character of the Conservation Area are being preserved and enhanced. It is therefore judged to be acceptable.

Plans/Drawings/Information; This approval relates to the following drawings received 02.09.2024: 101 Proposed General Arrangement _______________________________________________________________

Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highways - no interest Douglas Council - No objections Registered Building Officer made no comments

Officer’s Report

- 1. THE SITE

1.1 The site is 15 Hatfield Grove, Douglas, a mid-terrace house located on the south of Hatfield Grove. There is a mono-pitched-roof extension on the rear elevation. - 1.2. The property lies within the Woodbourne Road Conservation Area.

2. THE PROPOSAL

• 2.1. Planning approval is sought for the Installation of replacement windows and doors and creation of double doors from an existing rear window, the details of which are as follows.
• 2.2. The existing windows are timber and the proposal is to replace them with UPVC as follows.

• o Front elevation - all windows sliding sash designed to replicate that which exists.
• o New composite front door.
• o The rear window to the ground floor is to be replaced with upvc patio doors
• o The rear back timber door in the extension is to be replaced with a upvc door.

• 3. PLANNING POLICY Site Specific

3.1. The site is sited within the Woodbourne Road Conservation Area where Environment Policy 35 and Planning Policy Statement 1/01 require development to preserve or enhance the character or appearance of the area and to take into account in any decision, the special character of the area. Strategic Plan 3.2. In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application:

• 3.4.1. 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;
• (d) does not affect adversely the amenity of local residents or the character of the locality;

• 3.4.2. Environment Policy 34 and 35 relate to conservation and state that alterations and extensions are acceptable subject to any adverse impacts.

- 4. OTHER MATERIAL CONSIDERATIONS

• 4.1. It is also important to consider guidance and policy regarding development in Conservation Areas:
• 4.2. Planning Policy Statement 1/01 (Conservation of the Historic Environment of the Isle of Man) - Policy CA/2, (Conservation Areas); "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."

• 4.3. In terms of Planning Circular 1/98: The Alteration and Replacement of Windows sets down the policies in respect of the alteration or replacement of windows. (Part 6 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 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"
• 4.4. Windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as the original method of opening, whatever the material used in the construction."
• 4.5. Legislation
• 4.6. 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".
• 4.7. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 7.
• 4.8. 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 and texture.

- 5. PLANNING HISTORY

• 5.1. There are presently two applications under consideration one which relates to demolition works to the rear extension and another for a two storey rear extension however neither are relevant to this application which seeks replacement windows and doors.
• 6. REPRESENTATIONS

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

• o Douglas Council 11.09.2024 - No objections Statutory Bodies
• o Highways - No interest (09.09.2024).
• o Registered Buildings - although consulted, 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. Principle

• 7.1.1. The site is within a Conservation Area and is a residential property. The proposed development is not contrary to either of the designations therefore the proposal accords with the area plan and in principle is acceptable. However because the site is within a Conservation Area, the primary assessment is whether the proposal would preserve or enhance the character of the overall Conservation area.
• 7.2. Therefore, taking account of the aforementioned policies and statements, the main considerations in assessing this application are considered to be as follows.

• o Impact upon the Conservation Area

• o Design
• o Impact upon residential amenity

• 7.3. Impact upon the Conservation Area

• 7.3.1. The existing windows are timber sliding sash and the proposal is to replace these with UPVC in white sliding sash to replicate the original in as much detail as possible.
• 7.3.2. The front door is proposed in a design to replicate the existing door.
• 7.3.3. Section 18(4) of the Town and Country Planning Act (1999) states, requires that special attention is paid to the preservation or enhancement of a Conservation Areas character. S.16/18 creates a presumption against approving any development which would conflict with the Act which is afforded considerable weight.
• 7.3.4. In applying the Statutory test, because the windows retain the same fenestration and method of opening it is considered that the replacement would preserve the Conservation Area. Therefore the proposal meets the Statutory test.
• 7.3.5. Whilst loss of the timber windows and door is regrettable, and will have some impact on the Conservation Area, the detail of the proposed replacements will help conserve the Conservation Area.
• 7.3.6. The replacement of the rear window with patio doors and the back door are both at ground level and at the rear and are in much less prominent positions and are not visible du eto the rear gardens boundary treatment.
• 7.3.7 As a result of the above observations the proposal would not adversely affect the Conservation Area

• 7.4. Design

• 7.4.1. In assessing the design impact, consideration is given to the aforementioned Planning Policy Statement, Circular and Strategic Policies, and the Design Guide.
• 7.4.2. Replacements are acceptable in UPVC provided that they have the same method of opening as the originals and include the same pattern and section of glazing bars as the originals. The windows and door on the front elevation are proposed retaining the character of the existing and are therefore acceptable.

• 7.5. Residential Amenity

• 7.5.1. No harmful impact is observed upon neighbouring residents.
• 8. CONCLUSION

• 8.1. The proposal is considered to be acceptable in respect of design and visual impact upon the character of the property and the wider Conservation Area. Furthermore no harm is observed to residential amenity.

• 8.2. Therefore the proposal is considered to accord with the Design Guide and General Policies 2, 34 and 35 of the Isle of Man Strategic Plan 2016 and therefore acceptable.
• 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

9.2 Article A10 sets out that the right to appeal is available to:

• o applicant (in all cases);
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal. _____________________________________________________________________

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 and/or rights to appeal.

Decision Made : Permitted Date: 28.10.2024 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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