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The site represents the curtilage of the terraced property, 8 Derby Road Douglas located close to the junction of Derby Road and Glen Falcon Road. PA 99/04024/B sought permission to convert the building into four flats. This was permitted 1st January 1994. Specifically this application relates to Flat 3, located on the second floor of the building.
This proposal seeks to replace the existing original windows to the front and rear elevations of the second floor with PVC bottom opening casement windows (opening to the inside).
The site is within an area identified as ‘Predominantly Residential Use’ by the Douglas Local Plan. The Site is also within the Windsor Road Conservation Area.
Planning Circular 1/98 provides guidance and policies for the replacement of windows. Policy 6 states that ‘If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be readily visible from the 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.’
Section 18 (4) of the Town and Country Planning Act 1999 states "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.
Environment Policy 35 of the Isle of Man Strategic Plan 2007 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".
The following previous applications are considered relevant in the consideration of this application:
07/01446/B – Installation of replacement windows, Flat 3 of 8 Derby Road – granted on 28th September 2007
Douglas Corporation has made no comment in relation to this proposal.
This proposal does not accord with the requirements set out by Policy 6 of Planning Circular 1/98 and as such it would not preserve or enhance the Conservation Area. It is noted that the existing windows to the ground and first floor of the front elevation are PVC casements and so there is an element of incoherence to the façade of the property. It would be beneficial for any future replacements to these windows to be timber sliding sash as proposed here.
It should be noted that a proposal for the installation of uPVC tilt & turn windows to replace three windows to front and one to rear elevation at flat 2 of 6 Derby Road, which was refused on 25.11.2005.
If this application were to be approved it would be a missed opportunity to retain the sliding sash windows which will enhance the character and appearance of the building within the Conservation Area. I consider the installation of casement windows will not preserve or enhance the character and appearance of the Conservation Area and would be detrimental to the visual amenities of the street scene.
I therefore recommend that the application be refused for the above reason.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
Recommended Decision: Refused Date of Recommendation: 30.11.2007 Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
The installation of the replacement casement windows would be contrary to Environment Policy 35 and Planning Circular 1/98 in that the replacement windows would not preserve or enhance the character and appearance of the Conservation Area, to the detriment of the visual amenities of the locality.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Refused Date: 30/11/07
Signed: [Handwritten signature] M. I. McCauley Director of Planning and Building Control
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