6 December 2007 · Delegated - Director of Planning and Building Control (M. I. McCauley)
Silverbay, 8, Derby Road, Douglas, Isle Of Man, IM2 3et
The application sought permission to replace the existing original windows on the front and rear elevations of the second-floor Flat 3 in a terraced property at 8 Derby Road, Douglas, with PVC bottom opening casement windows that open inwards.
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The officer found the proposal did not accord with Policy 6 of Planning Circular 1/98, which requires replacement windows visible from the public thoroughfare to have the same method of opening, patte…
Environment Policy 35
Requires that within Conservation Areas, only development which preserves or enhances the character or appearance of the Area will be permitted, protecting special features from inappropriate development. The officer assessed the proposed PVC casement windows as failing to preserve or enhance the Conservation Area, being contrary to this policy due to mismatch with original sliding sash design.
Policy 6 in Planning Circular 1/98 'The Alteration and Replacement of Windows'
States that if original windows cannot be repaired, replacements visible from the public thoroughfare must have the same method of opening, pattern/section of glazing bars, and frame sections as originals. The proposed inward-opening PVC casement windows did not match the original sliding sash windows, directly breaching this policy and failing the conservation enhancement test.
No objection
Douglas Corporation has no objection to application 07/01893/B and multiple other listed applications.
Douglas Corporation
No ObjectionDouglas Corporation have no objection to the proposals listed below.; It should be noted that the above comments are made in relation to the Town and Country Planning Acts and does not imply approval or consent under any other relevant enactment, byelaw, order or regulation.
The original application for installation of replacement windows at Flat 3, 8 Derby Road, Douglas was refused on 30.11.2007. The appellant, Mr P K Korpacki, lodged an appeal on 20.12.2007, which was accepted by the Minister on 21.12.2007 under the Town and Country Planning (Development Procedure) Order 2005. The appeal process involved referral to an independent person appointed by the Council of Ministers for written representations, potential oral hearings, and a report to the Minister. The Chief Secretary's Office requested a statement of case from the planning authority by 24.01.2008 and indicated a public inquiry would be scheduled. However, the appeal was withdrawn by the applicant before the inquiry, as notified on 17.04.2008, leaving the original refusal decision in place.
Precedent Value
This appeal was withdrawn before determination, so it sets no substantive precedent. Future applicants should ensure they are prepared to proceed through the full appeal process, including submitting statements of case and attending potential inquiries, to avoid withdrawal.
