DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/01350/B Applicant: Nuala Doyle Proposal: Installation of replacement windows to front and rear elevations and installation of a replacement rear door Site Address: 30 Derby Road Douglas Isle Of Man IM2 3ET Planning Officer: Mrs Vanessa Porter Recommended Decision: Permitted Date of Recommendation: 28.03.2024

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. Notwithstanding the details provided, the replacement sliding sash windows to the front elevation must have externally applied glazing bars in a size and pattern as the existing windows. Reason: in the interests of the character of the Conservation Area.

This application has been recommended for approval for the following reason. The proposal complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 10th November 2023;

• o Location Plan
• o Site Plan
• o Site Photo with Window Allocation This decision also relates to the window specification dated received 14th March 2024.

Interested Person Status

Additional Persons None _____________________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of 30 Derby Road, Douglas which is a three storey mid terrace property situated to the North of Derby Road. - 1.2 The immediate streetscene is characterised by sliding sash windows with glazing bars, bay windows to the ground floor level and decorative details above the curved first floor windows, which No.30 does not have. THE PROPOSAL

2.1 The current planning application seeks approval for the replacement of both front and rear windows and the installation of a new rear door which is to be 1 over 1 panelled with glazing to the upper half. - 2.2 The windows to the front elevation are to be uPVC sliding sash with glazing bars and the rear windows are to be uPVC casement windows.

PLANNING HISTORY

3.1 There are no previous applications which are relevant to this application. PLANNING POLICY - 4.1 The site lies within an area zoned as "Predominantly Residential" on the Area Plan for the East, Map 4 - Douglas. The site is not situated within a Flood Risk Zone but is situated within the Windsor Road Conservation Area.

4.2 Given the nature of the of the land designation and the property being within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area. - 4.3 Due to the proposal being for replacement windows and doors, Planning Circular 1/98 is also relevant.

REPRESENTATIONS

5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal and state, "No Highway Interest." (20.11.23) - 5.3 No comments have been received from Douglas Borough Council at the time of writing this report.

ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are:

• - Section 18(4) test
• - character and appearance (GP2, b,c)

- 6.2 SECTION 18(4) TEST

• 6.2.1 Due to the proposed works being in a Conservation Area it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area.
• 6.2.2 In the first instance when looking at the proposed windows to the front elevation these proposal of sliding sash windows with the glazing bars will preserve the overall Conservation Area. It is noted that the quote provided states that the glazing bars are to be internal. Having discussed this with the applicant they are happy with the bars to be external and for a condition attached to state so.
• 6.2.3 When looking at the proposed windows to the rear of the property, whilst the rear of the site will be seen when walking down the rear alleyway, the proposed casement windows and replacement door are deemed acceptable and will have a neutral impact upon the streetscene as a whole.
• 6.2.4 With the above in mind the works will pass the Section 18(4) test by preserving the Conservation Area.

- 6.3 CHARACTER AND APPEARANCE

• 6.3.1 When looking at the character and appearance of the proposed works on the surrounding area, the main impact would be making sure that the works preserve or enhance the Conservation Area. Planning Circular 1/98 states that there is no preference in the material used in windows within a Conservation Area as such the proposed uPVC windows are recognised as an acceptable alternative to timber, which will preserve the Conservation Area. CONCLUSION
• 7.1 The proposed windows front & rear and the proposed rear door in terms of their form, mass and design which preserves the overall Conservation Area and as such complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016. INTERESTED PERSON STATUS
• 8.1 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 the Acting Head of Development Management 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 : 02.04.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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