Officer Report

Application No.: 15/00525/B Applicant: Callin Developments Ltd Proposal: Installation of replacement windows to front and side elevations Site Address: 9 Drury Terrace Douglas Isle Of Man IM2 3HY Case Officer : Mr Edmond Riley Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is No. 9, Drury Terrace, Douglas. The site is located on the upper corner of a terrace of traditional period two storey Victorian dwellings on Ballaquayle Road adjacent to Waverley Road/Terrace. Occupying the corner plot, number 9 is a dominant element to the terrace as it extends into Waverley Road. - 1.2 The site lies within the Ballaquayle Road Conservation Area as designated in August 2003.

2.0 THE PROPOSAL - 2.1 The application seeks planning approval for the removal of the original single glazed sliding sashes to the front and side elevations (in part) in favour of replacing them with uPVC woodgrain-effect, double-glazed sliding sash units. - 2.2 As originally submitted, the application indicated that the new units would all have flat heads even in the bow-headed apertures. Revised drawings showing bow-headed apertures as appropriate were duly sought. As there had been no comments received in respect of the application at the time of those amended drawings' receipt (some five weeks after the end of the consultation period), the drawings were placed online and retained on file, but not circulated and nor was the application re-advertised.

3.0 PLANNING HISTORY - 3.1 PA 98/00235/B (Installation of replacement windows to rear elevation) was approved. - 3.2 PA 14/00785/B (Installation of replacement windows to front and side elevations) was refused for the following reason, which was issued following an appeal against the Department's original issued refusal:

"The proposal is contrary to Environment Policy 35 of the Isle of Man Strategic Plan 2007, Policy CA2 of Planning Policy Statement 1/01 and Window Policy 1/98(b) in that the proposed windows would, if installed, ruin the balanced appearance of the street frontage to the building which would neither preserve nor enhance the character or appearance of the Conservation Area."

The windows proposed under that application were casement in style but similarly of woodgrain effect.

4.0 PLANNING POLICY - 4.1 The Douglas Local Plan 1998 zones the area as predominantly residential. - 4.2 Two policies in the Isle of Man Strategic Plan are considered relevant. General Policy 2 (in part): "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; (g) does not affect adversely the amenity of local residents or the character of the locality".

4.3 Environment Policy 35 of the Isle of Man Strategic Plan 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." - 4.4 Policy CA/2 of Planning Policy Statement 1/01 "Conservation of the Historic Environment" is relevant. It places emphasis on the need to consider the impact of development proposals upon the special character of the Conservation Area. - 4.5 Windows Policy 1/98 Category b) BUILDINGS IN CONSERVATION AREAS: "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 materials 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 REPRESENTATIONS - 5.1 No comments have been received at the time of writing (23rd July 2015).

6.0 ASSESSMENT - 6.1 Drury Terrace is a highly prominent row of mid-Victorian, two-storey properties that are notable for the retention of period features, notably their mixture of square-headed and bow-headed timber sliding sash windows. In only one instance, at no.1 Drury Terrace, has this uniformity been disrupted by the fitting of inappropriate windows that have not sufficiently replicated the originals. - 6.2 While uPVC casement windows have been fitted to the rear outlet of the application site, and notably mid-rail 'awning' opening casements, these were permitted prior to the area in question being designated a Conservation Area. Though located towards the side and rear of the property, the existing windows would not now meet the necessary criteria as outlined

• in the Circular 1/98 Category 'b', and therefore cannot be used as the basis for future replacement windows to the remainder of the property.
• 6.3 The Inspector in particular noted the "balanced appearance of the street frontage" offered by this property and any alteration to this would ruin (his word) this balanced appearance.
• 6.4 The proposed replacement windows are, however, acceptable. The use of uPVC is generally accepted within Conservation Areas where the glazing bar, opening mechanism and shape of window units proposed meet the criteria of Circular 1/98; such windows are also usually considered acceptable in the context of EP35.
• 6.5 A condition should be attached to ensure that the replacement windows have bowed heads; the use of flat-headed units would result in either a small area of plastic appearing beneath the bowed element of the aperture, or result in the unit itself seeming to 'disappear' behind the aperture - neither outcome would be desirable and hence the condition.

7.0 RECOMMENDATION - 7.1 In view of the above, it is recommended that the application be approved subject to the additional condition mentioned.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• o The applicant, or if there is one, the applicant's agent;
• o The owner and the occupier of any land that is the subject of the application or any
• other person in whose interest the land becomes vested, and o The local authority in whose district the land the subject of the application is situated.

Recommendation Recommended Decision: Permitted Date of Recommendation:

23.07.2015

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 advertisement(s) hereby granted consent shall be begun before the expiration of four years from the date of this notice.

Reason: To avoid the accumulation of unimplemented advertisement consents.

The development hereby approved relates to the following plans, date-stamped as having been received 14th May 2015 and 16th July 2015: the Location Plan (scale 1:1000), the Site Plan (scale 1:500), drawing 1252.10, and the Window Schedule dated 10/7/2015.

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 : 24.07.2015 Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer Signed : Michael Gallagher Michael Gallagher Director of Planning and Building Control Signed :…………………………………….. Jennifer Chance Head of Development Management