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Application No.: 17/00693/B Applicant: Leonard Chatel Proposal: Replacement of timber sash windows with double glazed PVC sash windows on the front elevation at first and second floor level Site Address: 29A Malew Street Castletown Isle Of Man IM9 1AD Case Officer : Mr Edmond Riley Photo Taken: 20.04.2017 Site Visit: 20.04.2017 Expected Decision Level: Officer Delegation
1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of a three-storey terraced dwelling that sits on the southwestern side of Malew Street in Castletown. The property has a very narrow frontage - at ground floor there is a door along with a single sliding sash window complete with a single vertical glazing bar: on the two floors above there is a single window in each floor, again both sliding sash and both with a vertical glazing bar. The ground floor openings appear to be treated timber while those on the floors above appear to be painted timber. - 1.2 The windows in the properties close by are a mixture in style, with recent attempts to reinstate sliding sashes starting to create a noticeable pre-dominance in the streetscene. Some properties do have plastic- and timber-framed casement styles, with a variation in glazing bars and positions (or lack thereof) of transoms. Some dwellings also appear to retain their original windows.
2.0 THE PROPOSAL - 2.1 Full planning approval is sought for the installation of replacement windows on the middle and top floors of the property. The proposed units are sliding sash and formed of uPVC frames complete with vertical glazing bars and, it would appear, decorative horns. They would be doubleglazed.
3.0 PLANNING HISTORY - 3.1 The site has a recent and relative planning history. PA 17/00363/B sought approval for the installation of top-opening casement windows. This was refused, and it is worth noting some of the officer's assessment, as follows:
"There has been an acceptance that uPVC frames offer an acceptable alternative to timber, while it is considered that the key contribution made by the windows on what is a narrow and attractive street connecting to Castletown's commercial centre is through their opening styles. Accordingly, no objection is made to the change in material. This is something of a balanced conclusion, however, since the application does not relate to the entire frontage of the building. At present, the ground floor already has different windows to those on the floors above, with the colour being obviously different, and so in this particular case the replacement of white timber frames with white plastic frames would preserve the appearance of the dwelling.
"However, there is a clear policy provision with regards the opening style of the windows. In the very first place, Circular 1/98 is clear that windows should be repaired if possible. While a close inspection was not possible, the windows in situ do not appear to be in a particularly poor state of repair. Further, it is noted that the character of Malew Street is becoming more traditional as more
people choose to install traditional window opening styles. This is to be particularly welcomed, and moreover such an approach is supported in adopted planning policies. That there are still some properties with non-traditional windows is not ignored, but the presence of poor or inappropriate window opening styles should not lead to a conclusion that a replication of these should be acceptable - especially when there is very recent evidence that some property owners are able and prepared to invest in appropriate windows.
"The loss of traditional window styles from the streetscene, albeit at the first and second floor where they will be less apparent to passersby, would be harmfully detrimental to the character and appearance of the streetscene within which the application site sits and, at present, positively contributes towards."
3.2 The application was refused for the following reason:
"At present, 29A Market Street makes a positive contribution to the quality and character of the streetscene by virtue, in part, of its traditional sliding sash window styles. The proposed topopening, uPVC-framed casement windows are not of a form that reflects the traditional window styles in this prominent part of Castletown's Conservation Area. The loss of the sliding sash units would harmfully impact upon the character and appearance of the dwelling and the Conservation Area in which it sits, contrary to Circular 1/98 and General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016."
3.3 The report into PA 17/00363/B also includes reference to other applications that were relevant to its determination but, given the nature of the current proposal, these are not considered to be materially relevant on this occasion.
4.0 PLANNING POLICY - 4.1 The site lies within an area of Mixed Use on the Area Plan for the South 2013. The site also lies within the town's Conservation Area. As such, there is a requirement for development to preserve or enhance the character or appearance of the area as set out in Environment Policy 35 of the Strategic Plan 2016 and also Circular 1/98, which provides advice on the replacement of windows within Conservation Areas as follows:
"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 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.
"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."
4.2 For completeness, Environment Policy 35 reads as follows:
"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."
5.0 REPRESENTATIONS - 5.1 No representations have been received at the time of writing (four days after the end of the consultation period).
6.1 As set out above, there is a requirement for development within Conservation Areas to either preserve or enhance the special features that contribute to the character or appearance of that Area. - 6.2 On this occasion - as distinct from the refused proposal earlier in the year - the proposed development much more clearly complies with Environment Policy 35. While not being formed of timber the proposed windows are 'like-for-like' in all other respects, and therefore the provisions of Circular 1/98 are also considered met. This remains something of a balanced conclusion given that the new windows would not be installed across the dwelling's frontage: however, fundamentally, the windows proposed are appropriate to this sensitive part of the Conservation Area and it is to be hoped that the rest of the dwelling will follow suit in future.
7.0 RECOMMENDATION - 7.1 For the reasons set out above, the application is recommended for approval.
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:
Recommendation Recommended Decision: Permitted Date of Recommendation: 02.08.2017 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
The development hereby approved relates to the various information date-stamped as having been received 27th June 2017 and also to the email date-stamped as having been received 6th July 2017, and also to the Selecta brochure.
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 03.08.2017 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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