Loading document...
Application No.: 25/90411/B Applicant: Ballaulrich Limited Proposal: Installation of replacement windows and doors (retrospective) Site Address: Serenity Suites, 6 Marathon Terrace Queens Promenade Douglas Isle Of Man IM2 4NH Principal Planning Officer: Belinda Fettis Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 30.06.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
This application has been recommended for approval for the following reason. 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 would preserve the Conservation Area.
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.
This decision relates to the following detail, plans and drawings received on the 17th of April 2025 unless otherwise stated;
Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: o Douglas Borough Council - No objection.
_________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The site is the curtilage of Serenity Suites no.6 Marathon Terrace, also on record as 'Sherwood'. The property is a mid-terrace property with the rear facing onto Switzerland Terrace and the front facing onto Queens Promenade and out to sea. - 1.2 At ground floor level the building is accessed from Queens Promenade into the hospitality / café unit. This part of the building is set forward of the first to third floor elevations. Around the roof of the ground floor area there are railings. Steps at the side of the ground floor area go to the front door entrance, leading to flats above. - 1.3 The fenestration style is angular windows at promenade level, 1st and 2nd floor level, however above the front door, upper first, and in the bay window, the windows have an arched top. The windows are 50/50 split except for the shop front windows. - 1.4 The shop windows, subject to this application, comprise small openings at the top of the frame. - 1.5 Also subject to this application are the rear elevation windows which are mixed fenestration seen within the street comprising a mix of fenestration adjacent and opposite.
2.0 THE PROPOSAL - 2.1 Since submission of the application the windows have been inserted, therefore this application is retrospective. The assessment is whether the proposal as inserted is acceptable or not. The previous dark uPVC windows and doors on the front and back of the property have been replaced with white uPVC. The application is supported by relevant photographs of the windows and proposed window details and photographs of the windows as inserted. The details are summarised below.
3.0 PLANNING POLICY - 3.1 The site is not a Registered Building and there are no protected trees on site nor are there any of either within its' setting. The site is not within a flood zone. - 3.2 The site lies within an area designated on the Area Plan for the East as predominantly residential and within the Selbourne Drive 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. - 3.3 Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred. - 3.4 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.
3.5 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:
4.0 Other Material Considerations - 4.1 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". - 4.2 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. - 4.3 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'.
5.0 PLANNING HISTORY - 5.1 21/00692/B - Installation of replacement windows and doors. Permitted. Replacement of shop window and doors (similar style with small top openers) and windows in floor levels above.
6.0 REPRESENTATIONS - 6.1 Highways: No interest. (17.04.2025). - 6.2 Douglas Borough Council: No objection (13.05.2025).
7.0 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 The upper floors are set back from the principal elevation of the ground floor and other large dominant buildings nearby on Queen's Promenade. The ground floor is seen alongside the other single storey protrusions that make up retail and café frontages and this results in a distinctive group of buildings that suggests retail or café occupancy / shop fronts. The shop frontages have mixed fenestration but consistency in tall windows.
7.3 In respect of the proposed front door, this is similar to that which existed and is considered in keeping with the existing character therefore it preserves the character of the building. - 7.4 In respect of the proposed shop windows, the new windows are different to that which existed in so much as they have larger top openers resulting in an almost 50/50 split. Although different, when viewed in the context of the building they are in keeping with the fenestration and so add to the character of that address. When viewed in the wider context of the group of retail / café frontages they do not appear so out of character as to cause harm to the Conservation Arear or warrant refusal. - 7.5 In respect of the rear elevation windows, the new windows are different to that which existed in so much as they have a vertical mid-bar where previously they did not. However the fenestration replicates that of neighbouring properties and as such do not appear so out of character as to cause harm to the Conservation Arear or warrant refusal.
8.1 The replacement fenestration does not harm the .character of the conservation and so meets the test of s18(4) of the Town and Country Act (1999). The proposal accords with Planning Policy Statement 1/01 and Planning Circular 1/98, and the Isle of Man Strategic Plan 2016 Policies; General Policy 2 and Environment Policy 35. Therefore this application is recommended for approval. - 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:
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):
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: 30.06.2025 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/ customers and archive record.
Copyright in submitted documents remains with their authors. Request removal
View as Markdown