5 April 2013 · Minister for Infrastructure (appeal decision), via I T Thompson Chief Executive
36, Malew Street, Castletown, Isle Of Man, IM9 1af
The proposal involved replacing a large timber-framed glazed area on the side elevation of a rear extension at 36 Malew Street, an end-of-terrace 18th-century dwelling, with a smaller uPVC casement window and rendered infill wall; the works were retrospective.
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The officer refused as 'the new window is very unsympathetic and out of keeping with the original house... Proportionally the window appears overly large and crude...
Environment Policy 35
Requires development in Conservation Areas to preserve or enhance character/appearance and protect special features. Officer found proposal harmful due to unsympathetic design failing test; inspector found it preserved/enhanced as uPVC prevalent and improvement over prior glazing.
Planning Policy Statement 1/01 - Policy CA/2 (Conservation Areas)
Emphasises impact on special character of Conservation Area. Officer assessed window as harmful to character from prominent location; inspector noted location on side extension (not frontage), visibility limited, and design acceptable in context of existing uPVC character.
recommend approval
window in keeping with character, fit for purpose, improved over previous problematic window
no problem, quite like it, much improved and fits well with surrounding windows
no objection, looks better than before
The original application for window alterations to a dwelling at 36 Malew Street, Castletown, was refused on 5 April 2013 due to the window's inappropriate design, size, proportions, glazing bars, and uPVC materials harming the character of the Conservation Area, contrary to Environment Policy 35 and CA/2. Appellants argued the window improved on the previous poor glazing, enhanced privacy and insulation, and aligned with prevalent uPVC windows locally. The Council defended the refusal citing unsympathetic design and opposition from the Conservation Officer. The Inspector found the replacement window improved upon the prior glazing, uPVC was characteristic locally, and it preserved or enhanced the Conservation Area's character. The Minister accepted the Inspector's recommendation on 9 August 2013, allowing the appeal with no conditions.
Precedent Value
Appeals can succeed in Conservation Areas by showing comparative improvement and material prevalence over strict policy adherence. Applicants should provide photos of 'before' states and survey local features to argue character compatibility.
Inspector: Alan Langton
