152884

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                                                 17/00363/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 17/00363/B Applicant : Leonard Chatel Proposal : Replacement of existing first and second floor windows to front elevation with double glazed pvc casement windows 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

Officer’s Report

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 top-opening casements, formed of plastic, and would have a single vertical transom. The applicant has submitted photos of other buildings in the street, all of which present non-sliding sash units.

3.0 PLANNING HISTORY 3.1 The dwelling has been the subject of previous applications, both approved, for replacement windows in 1994 (PA 94/00243/B) and 2002 (PA 02/00360/B). It is not clear from the file details what windows were approved for replacement in 1994, but it seems possible that these were the front elevation windows. Those approved for replacement under the 2002 application were at the rear of both nos.29 and 29A Malew Street, and were to be of either timber or plastic.

3.2 Also of relevance is the recent approval issued on the opposite side of the street (at no.28) to PA 16/01066/B, which sought for the installation of sliding sash units. The case officer's assessment, in respect of the window styles, read as follows:

"The original style of glazing in this property is very likely to have been sliding sashes...

"What is proposed will present a more traditional and more appropriate style of glazing to the property and will bring it in line with other properties in the streetscene. Whilst individual quirky features can add to the character of a place, the character of Malew Street, like much of Castletown is formed by relatively plain frontages with vertically proportioned sliding sash windows with the

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                                                 17/00363/B
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variety coming from the height and width of the buildings and some variety in the colour of the painted render.

"As such, the replacement of the window is seen very much as an enhancement to the Conservation Area, in accordance with EP 35 and PPS 1/01 and as such is recommended for approval."

3.3.1 Also of relevance is an even more recent decision issued to PA 17/00238/B, which sought retrospective approval for the replacement of a timber sliding sash window with a top-opening casement unit. The application was refused, with the case officer noting as follows:

"In this instance the original timber sliding sash window which significantly contributes the character of the Conservation Area has been removed and replaced with a casement uPVC window with a top opening window method which not only adversely impacts the character of the area but raises concern in terms of highway and pedestrian safety given that the top opening window opens outwards and over the public footpath at head height.

"... the physical appearance of the proposed window within the street scene and its evident detrimental impact on the character of the Castletown Conservation Area particularly when it is open but also when it is closed, where it is clear that the window is not a sliding sash, as was the original, is substantial enough to warrant a refusal on its own grounds given that it fails to comply with Environment Policy 35 of the Strategic Plan. Whilst the windows in the floors above are casement opening rather than the original sliding sash, these do not appear to have the benefit of planning approval and are less apparent to the passer by than that on the ground floor, alongside pedestrian level and do not overcome the objection to the new ground floor window."

3.3.2 That application was refused on the ground that it failed to comply with Environment Policy 35 of the Strategic Plan, and no appeal was lodged.

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 correspondence has been received at the time of writing (22nd May 2017; the consultation period expired on 28th April 2017).

6.0 ASSESSMENT

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                                                 17/00363/B
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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 The assessment of the case officer in respect of the window style on Malew Street as set out in the assessment for PA 16/01066/B remains true today, and moreover the application site has not just sliding sash windows but formed of timber as well. 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.

6.3 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.

6.4 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.

7.0 RECOMMENDATION 7.1 For the reasons set out above, it is concluded that the application fails to comply with Circular 1/98 and Environment Policy 35 of the Strategic Plan and, accordingly, the application is recommended for refusal.

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; o Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material; o Highway Services of the Department of Infrastructure, and o The local authority in whose district the land the subject of the application is situated.

Recommendation

Recommended Decision:

Refused Date of Recommendation: 22.05.2017

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                                                 17/00363/B
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R 1. 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 top- opening, 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.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Refused Date: 24.05.2017

Determining officer

Signed : S CORLETT Sarah Corlett

Senior Planning Officer

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.