Officer Report

Application No.: 14/01393/B Applicant: Miss Jacqueline Dixon Proposal: Installation of replacement windows Site Address: 7 Drury Terrace Douglas Isle Of Man IM2 3HY Case Officer : Mr Chris Balmer Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE SITE - 1.1 The application site is the curtilage of 7 Drury Terrace, Douglas which is a traditional mid terrace, three storey terraced property. The site is situated to the south-western side of Ballaquayle Road.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the installation of replacement windows to the front elevation. The replacement windows would be uPVC sliding sash windows which would replace the existing timber sliding sash windows and a single uPVC bottom opening casement window.

3.0 PLANNING HISTORY - 3.1 The application site has not been the subject of any previous planning applications.

4.0 DEVELOPMENT PLAN POLICIES - 4.1 The application site is within an area zoned as Residential identified on the Douglas Local Plan 1998. It is also within a Conservation Area. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two polies that are considered specifically material to the assessment of this current planning application: - 4.3 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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (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 adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;

• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

4.4 Environmental 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". - 4.5 Planning Circular 1/98 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.

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."

5.0 CONSULTATIONS - 5.1 Douglas Corporation have no objection (received on 07.01.2015).

6.0 ASSESSMENT - 6.1 The main issue to be considered in the assessment of this application is the impact of the proposed development upon the character and appearance of the Conservation Area and the individual property. - 6.2 The Planning Authority has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2007). This policy indicates that development within Conservation Areas will only be permitted if they 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. - 6.3 Whilst it would be preferred to replace all the windows with timber sliding sash windows within Conservation Areas, it has been accepted by the Planning Authority that the method of opening is the most important aspect and the material is secondary. The majority of the existing windows are timber sliding sash and the proposal would replace these with uPVC sliding sash windows. - 6.4 Whilst the applicant has indicated that arched headed windows will be used when appropriate, a condition should still be attached to ensure the first floor windows have arched heads.

6.5 Overall, it is considered the replacement of the existing windows with uPVC sliding sash windows would preserve the Conservation Area and the individual property and therefore the proposal would comply with Environment Policy 35 of the Isle of Man Strategic Plan.

7.0 RECOMMENDATION - 7.1 For the reasons given, the proposals is considered to comply with the relevant polices of the Strategic Plan and Planning Circular 1/98 and therefore recommended for an approval.

8.0 PARTY STATUS - 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.

Recommendation

Recommended Decision: Permitted

Date of Recommendation:

09.01.2015

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 approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. For the avoidance of doubt, sliding sash arch headed windows are to be installed to all first floor windows within the front elevation of the building.

Reason: In the interest of the visual amenities of the individual building, the street scene and the Conservation Area

-----------------------------------------------------------------------------------------------------------This approval relates to the submitted documents all received on 8th December 2014.

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

Decision Made : Permitted Date : 13.01.2015 Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer Signed :…………………………………….. Michael Gallagher Director of Planning and Building Control Signed : Jennifer Chance Jennifer Chance Head of Development Management