Officer Report

Application No.: 14/00837/B Applicant: Mr Chris Lennon & Miss Zoe Thompson Proposal: Installation of replacement windows and creation of a fire escape doorway from existing window onto rear flat roof Site Address: 6 Malew Street Castletown Isle Of Man IM9 1AB Case Officer : Mr S Moore Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The site is the curtilage of No.6 Malew Street, Castletown. A three-storey terraced Victoria property in painted smooth render, with an ornate cornice over the shopfront, but otherwise devoid of ornamentation. - 1.2 The site is currently a butcher's shop with accommodation over.

2.0 THE PROPOSAL - 2.1 The installation of replacement PVC sliding sash windows to the frontage and the installation of replacement PVC casement windows in conjunction with the creation of a fire escape doorway from existing window onto rear flat roof.

3.0 PLANNING HISTORY - 3.1 There is only one application considered to be specifically material in the assessment of the current application:

91/00904/B - Construction of new shopfront, 6 Malew Street, Castletown. - Application Permitted

4.0 PLANNING POLICY - 4.1 The site is identified as being within a "Mixed Use" within the Area Plan for the South adopted in 2013. - 4.2 As the property is located within the Castletown Conservation Area designated in 1990, the relevant planning policies from the Isle of Man Strategic Plan 2007 (20th June

2007) are; Strategic Policy 4, General Policies 1 and 2, Environmental Policy 35. Policy CA/2 of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man) and Category B, "Buildings in Conservation Areas" of Windows Policy 1/98 are also considered to be relevant to the determination of this application.

Strategic Policy 4 states:

'Proposals for development must:

• (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas, and sites of archaeological interest;
• (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and
• (c) not cause or lead unacceptable environmental pollution or disturbance.'

• General Policy 1 states:

'The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations.'

• 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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (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;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption.' Environment 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.'

Policy CA/2 - Special Planning Considerations states:

'When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application.

Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.'

Policy 1/98 "Buildings in Conservation Areas" states:

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 patterns and section of glazing bars and the same frame sections as the 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 Castletown Town Commissioners considered the application with 'no objection raised'.

6.0 ASSESSMENT - 6.1 The application seeks planning approval for the installation of replacement windows and the creation of a fire escape doorway from an existing first floor rear window onto the rear flat roof. - 6.2 The property retains painted timber sliding sash in a simple format without glazing bars to the frontage onto Malew Street and painted timber sliding sash windows to the rear of the property. - 6.3 The proposed PVC sliding sash windows to the frontage of the property have the same opening format and general frame dimensions as that they replace all be it in PVC. - 6.4 The proposed PVC casement windows to the rear of the property are a 'half and half' format and general frame dimensions and are considered to accord with the aspect of the windows policy which states:

"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".

6.5 The opening up of one of a window to create an escape door onto the flat roofed area is similarly not a concern as it is difficult to see this aspect of the property from any public vantage point. - 6.6 The remainder of this side of Malew Street is essentially sliding sash format windows in different forms and finishes. - 6.7 In conclusion, the installation of replacement windows and the creation of a fire escape doorway from an existing window onto the rear flat roof is considered to have a neutral impact upon the character of the Conservation Area and is therefore considered to

comply with Strategic Policy 4, General Policies 1 and 2, Environmental Policy 35 and Policy CA/2 SPECIAL PLANNING CONSIDERATIONS of Conservation Areas of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man) and Category b) 'Conservation Areas' of 1/98 and is considered acceptable.

7.0 RECOMMENDATION - 7.1 For the above reasons the application is considered to be acceptable and is recommended for approval.

8.0 PARTY STATUS: - 8.1 The local authority Castletown Town Commissioners is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered an "interested person" and as such should be afforded interested person status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation:

10.09.2014

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

• N : Notes attached to conditions R : Reasons for refusal
• O : Notes attached to refusals

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

This approval relates to Drawing Number 0091 showing front and rear elevations as existing and as proposed, Drawing Number 0091A 'Proposed Design of replacement windows', Drawing Number 0091B A4 colour photo sheet showing the existing frontage of the building, Drawing Number 0091C A4 colour photo sheet showing rear of property as existing, Drawing Number 0091D A3 Site Location Plan scale 1:1000. All date stamped as received 15th July 2014.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

Decision Made : Permitted Date : ………..………………….. Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer Signed :…………………………………….. Michael Gallagher Director of Planning and Building Control Signed :…………………………………….. Jennifer Chance Head of Development Management