157485

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                                                 17/00238/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 17/00238/B Applicant : Kevin James Flynn Proposal : Installation of top hung casement window (retrospective) Site Address : 22 Malew Street Castletown Isle Of Man IM9 1AD

Case Officer : Miss Lucy Kinrade Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE 1.1 The site is the residential curtilage of an existing three storey mid terraced property which sits on the north eastern side of Malew Street in Castletown, just a stones throw from the main shopping area of the town. The property has a front façade that connects directly with the pedestrian foot path which lines this side of the narrow street.

1.2 The property has a front door and single window on the ground floor and two casement top opening windows on each floor above.

1.3 The existing front door opens inwards and the property has recently had a replacement top opening casement window installed at the ground floor to replace an existing timber sliding sash window. The window has a middle transom and internally fixed glazing bars and is finished in white uPVC, the top window opens out on to the highway.

1.4 The application site sits within the Castletown Conservation Area.

1.5 Properties in the surrounding area lining both sides of the street have predominantly sliding sash windows, some finished in their original timber whilst others have been replaced with modern uPVC equivalents.

2.0 THE PROPOSAL 2.1 The current planning application seeks approval for the retrospective installation of the ground floor top opening casement window.

3.0 PLANNING HISTORY 3.1 The application site has not been subject to any previous planning applications; however there is a significant importance in the assessment of replacement windows in Conservation Areas, as such there have been a number of applications for replacement windows in the local area which are relevant in the determination of the current application. Two of which are:

o PA 16/01066/B- Replacement windows, 28 Malew Street - Approved with sliding sash uPVC bay window. o PA 16/00623/B - Alterations and erection of a two storey extension to create an apartment block for five apartments and installation of replacement windows, 31 - 33 Malew Street - Approved with sliding sash windows.

3.2 The area of Malew Street and others like in within Conservation Areas around the Island have become the subject of development works which now work towards building and enhancing

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the characters of the Conservation Areas and aspire to reinstate original windows where perhaps they have been lost over the decades prior to the designation of each Conservation Areas.

4.0 PLANNING POLICY 4.1 The site lies within an area of Mixed Use on the Area Plan for the South 2013 and also lies within the Conservation Area of Castletown. As such, there is a requirement for development to preserve or enhance the character or appearance of such a conservation designation.

4.2 Given the nature of the proposal the Isle of Man Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application whilst Planning Circular 1/98 sets out clear standards towards the replacement of windows in Conservation Areas:

4.3 General Policy 2 states:

"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; c) does not affect adversely the character of the surrounding landscape or townscape; g) does not affect adversely the amenity of local residents or the character of the locality; n) is designed having due regard to best practice in reducing energy consumption."

4.4 Environmental Policy 35 states:

"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."

4.5 Planning Circular 1/98:

"BUILDINGS IN CONSERVATION AREAS 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."

5.0 REPRESENTATIONS 5.1 The Department of Infrastructure have made the following comments on the application:

"This application is for the positioning of a new window to a property that directly fronts onto the footway. The window has an opening section that will protrude out beyond the building line of the property and therefore overhang the public highway. Anything that creates an obstruction on the public highway would normally need approval under the Highways Act. The only way this planning application can be supported from a Highways aspect is to impose a condition that restricts the opening section of the window to no more than 100mm. This will therefore reduce any likelihood of the window becoming a head height obstruction to passers-by.

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Whilst there are no details of how this can be done, I am satisfied there are suitable and reliable mechanisms available to control the opening.

Should you be mindful to approve this application, please attach the following condition:

The window shall be designed so as to restrict its opening to no more than 100mm from its locked position. The physical restriction shall be maintained throughout the life of the window being in use.

Reason - In the interest of pedestrian safety."

6.0 ASSESSMENT 6.1 The Isle of Man Strategic Plan 2016 sets out clear standards expected of development work within a Conservation Area which ensures such works preserve or enhance the character of the area. In addition to this Planning Circular 1/98 sets out that replacement windows which are readily visible from a public thoroughfare must have the same method of opening as the originals. 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.

6.2 Whilst the applicant has indicated there is an opening restriction on the window preventing its opening any further than the window reveals, which would appear to satisfy the recommended condition by the Department of Infrastructure, 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.

7.0 RECOMMENDATION 7.1 It is concluded that the planning application does not comply with Environment Policy 35 of the Isle of Man Strategic Plan 2016 or Planning Circular 1/98, the window is not considered acceptable and adversely impacts the character of the street scene and the designated Conservation Area. The application is recommended for refusal.

8.0 PARTY STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) 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; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material; (d) Highway Services Division of Department of Infrastructure, and (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

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Recommendation

Recommended Decision:

Refused Date of Recommendation: 21.04.2017

R 1. By virtue of its form, design and construction the proposed window does not preserve or enhance the Castletown Conservation Area and consequently fails to comply with 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: 25.04.2017

Determining officer

Signed : S CORLETT Sarah Corlett

Senior Planning Officer

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