6 December 2010 · Senior Planning Officer (delegated under Article 3(13) of the Town and Country (Development Procedure) Order 2005)
5, Market Place, Peel, Isle Of Man, IM5 1ab
Colefax Limited sought retrospective approval for installing uPVC casement windows with thick frames on their three-storey office building at 5 Market Place, Peel. The windows were fitted after receiving prior approval for sliding sash style windows under PA 10/00844/B, but did not match that approved design or the ori…
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The officer assessed the proposal against policies protecting the Peel Conservation Area, noting the site is in a mixed-use area facing Market Place with St Peters Church to the rear.
Environment Policy 35
Requires only development which preserves or enhances the character or appearance of Conservation Areas, protecting special features. Officer assessed the windows' impact on Conservation Area character; installed casements fail to preserve/enhance as they lose original sliding sash feature key to older Peel's character.
Planning Circular 1/98, The Alteration and Replacement of Windows
For Conservation Area buildings visible from public thoroughfare, replacements MUST have same method of opening, glazing bar pattern/section, and frame sections as originals. Proposal tested on front elevation visibility; casements with thick frames fail exact replication required, unlike approved uPVC sliding sash.
Policy 9.16, Peel Written Statement 1989 (Planning Circular 6/89)
Requires alterations sympathetic to existing building and setting in Conservation Area. Officer noted proposal inappropriate to building and area due to non-matching style.
Approval / Recommended for approval
no objection
The original application sought retrospective approval for replacing wooden windows with UPVC double-glazed casement units at a three-storey building in the Peel Conservation Area, which had been refused because the windows did not match the approved sliding sash design from 2010 and failed to preserve or enhance the area's character. The appellant argued the windows improved the building's functionality, were sympathetic, and enhanced its appearance, with neighbours complimenting them. The Council defended the refusal citing Environment Policy 35 and conservation area policies, noting the windows' inappropriate design. The inspector found the installed casement windows had thicker frames and lacked sash characteristics, contrasting with surrounding front elevations and failing to preserve or enhance the conservation area, thus conflicting with policy. The appeal was dismissed, and the Minister confirmed the refusal, directing replacement with compliant windows by September 2011.
Precedent Value
This appeal demonstrates strict enforcement of conservation area policies requiring replacement windows to replicate historic sliding sash designs, even for functional UPVC upgrades. Future applicants must adhere precisely to approved details and provide evidence for historical claims, as sympathetic functionality alone is insufficient.
Inspector: Graham Self
