DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/00484/B Applicant: Mr James Moore Proposal: Replacement windows Site Address: 32 Derby Road Douglas Isle Of Man IM2 3ET Enforcement/Planning Assistant: Ms Charlotte Gatt Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 27.06.2022

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.

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 hereby approved relates to drawings and documents submitted to the Department titled; Location Plan Photo Sheets Manx Glass Info & Support Info All date stamped as being received by the Department on 6th April 2022 _______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site is the residential curtilage of 32 Derby Road, is an end of terrace 3 storey property with rooms in the roof space, situated on the North side of derby road, on the junction to Melbourne Street. THE PROPOSAL - 2.1 The current planning application seeks approval for replacement of the existing windows to the front and side elevation and the replacement of the front door and rear door which includes the following;

2.2 The proposed windows are to follow the same method of opening to the gable elevation of the property, and to the front and main elevation, the existing casement windows are to be replaced with a uPVC sliding sash styled window. - 2.3 The main entrance door to the front of the property is to be replaced with a traditional 2 panel obscure glazed door, finished in twilight blue. - 2.4 The rear door is to be replaced with a single panel largely glazed door, specified as 'Medinah'.

PLANNING HISTORY

3.1 There is one application which could be considered relevant in the assessment of this application - PA 95/01501/B for the Provision of Front and Rear Dormer Windows which was refused on 26.03.1996 PLANNING POLICY - 4.1 The site lies within an area zoned as Predominantly Residential on the Area Plan for the East. The site isn't within a Flood Risk Zone but is within a 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 In addition to the above consideration should also be given to Planning Circular 1/98 and PPS 1/01 which provide guidance policies in respect of the alteration or replacement of windows and works in a Conservation Area.

REPRESENTATIONS

5.1 Highway Services have No Highways Interest in this application (26.04.2022).

5.2 Douglas Corporation have considered the application and have no objections (22.04.2022). 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 When looking at the property, the windows which are currently in situ are not the original sliding sash and were installed prior to 2010, as such, the windows in place are now the accepted windows moving forward.
• 6.2.3 The proposed windows and doors would be replacing the existing casement windows single panel glazed door, with a much more appropriate sliding sash and 2 panel glazed door and which are much more appropriate within the street scene, and are therefore acceptable by enhancing the overall Conservation Area. 6.3 CHARACTER AND APPEARANCE

• 6.3.1 When looking at the character and appearance of an area, the windows and doors are often the most important element in any façade and can often help gauge the age and/or purpose of a building. The proposed windows are to have the same opening method as what would have been originally in place, and therefore follows the guidance within Planning Circular 1/98.
• 6.3.2 Planning Circular 1/98 also 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.

• 6.3.5 Turning towards the proposed replacement door, the proposal is an acceptable replacement for the properties age and the Conservation Area as a whole. CONCLUSION
• 7.1 Overall it is concluded that the planning application is deemed acceptable 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 _____________________________________________________________________

I can confirm that this decision has been made by a Principal Planner 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: 27.06.2022 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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