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Site Visit: Monday 10 June 2013
The proposed replacement window, by reason of its inappropriate design, excessive size and proportions, glazing bar design and uPVC materials, is unsympathetic to, and out of keeping with, the character and appearance of the main house and its surroundings. The window is located in a prominent location and is readily visible from the street and public views. The proposal has a harmful impact upon the character and appearance of the Conservation Area and fails to accord with Environment Policy 35 of the Isle of Man Strategic Plan 2007 and Policy CA/2 of Planning Policy Statement 1/01. It is considered that there are no material considerations that warrant the granting of planning permission contrary to these policies. 3. Previous planning decisions approved various domestic works at the house, including PA 03/01608/B referred to by the appellants, which authorised "Removal of glazed roof and re cladding with natural slate, to rear".
Repulations is contradicted by consent to undertake further works on that part of their house.
The Planning Authority. The previous glazing was probably not original but a later addition and part of the property's organic evolution. The new window is very unsympathetic and out of keeping with the original house and in turn with the surroundings. Proportionately the window is overly large and crude; in comparison, those on the front are narrow casements. The uPVC glazing bars are wide and clumsy and the material is unsympathetic to the character of the main property. Infilling the triangular area with wall is not itself harmful but the prominent window is and fails to preserve or enhance the Conservation Area. The application is opposed by the Conservation Officer.
It is accepted that the extension itself is lawful, that the adjacent property has not been prejudiced, that the site notice was in place when visited and that Building Regulations are not a material consideration.
Castletown Securities Ltd, owners of the former church building: the previous glazing was ad hoc screening enclosing a temporary shed, not part of the original house, without planning approval or Certificate of Lawful Development. A planning application is required not just for the window but construction of a new wall and window on the boundary of the properties. Castletown Securities Ltd objects to the construction of the new wall and window, for which retrospective approval is being sought, on the grounds that these are built on a party wall and on the Company's side of the boundary. The window reduces privacy, prejudicing future development of their site, exceeds the Building Regulation size and is out of keeping with the Conservation Area. The site notice was not displayed.
The Castletown Town Commissioners considered and approved the application.
Inspector's Assessment
Malew Street is part of the extensive Castletown Conservation Area, and the appeal turns on whether or not the window has preserved or enhanced the character or appearance of that area as sought by Strategic Plan Environment Policy 35. The South Area Plan 2012 does not progress that policy but rather considers locations that might be designated. Planning Policy Statement 1/01 regarding Conservation of the Historic Environment pre-dated the 2007 Strategic Plan and in any event its section on Conservation Areas is more directed to their appraisal and creation than individual development proposals. Planning Circular 1/98, The Alteration and Replacement of Windows, has only limited application since beyond question the former glazing, in the 1970s extension, was not original to the house.
Replacement windows insensitive in design or materials can, and all too often do, harmfully erode the period qualities of conservation areas. In this particular case, however, there are several countervailing considerations. Whether desirable or not there are very many uPVC windows facing Malew Street and, for example, prominently nearby on Manainan House facing Castletown Square. Some are better than others in design, but the material is so prevalent as to be a characteristic of this part of the Conservation Area. Accordingly its use on the appeal window does not, of itself, fail to preserve the locality's now existing character or appearance.
I have no reason to doubt the Planning Officer's view that the house extension is lawful which, without making any formal determination, is consistent with its 1970s origin and the approval under PA 03/01608/B. Accordingly, the current window is to be assessed having regard to the one it replaced, which on photographic evidence was without merit: overly large, of poor form and entirely inappropriate in its setting. Its replacement is an improvement, creating a better balance between solid wall and window. The change enhanced rather than harmed the Conservation Area. Even assessed absolutely, rather than comparatively, although this casement
window would be wholly out of place on the front elevation, it sits comfortably on the side of the extension, indeed the small front facing return is commendable, referencing a little of the former church. Property values are not a material consideration but to the extent that living conditions at 36 Malew Street have been improved, this does to some extent enhance the Conservation Area's residential character.
I have considered the objections by and for Castletown Securities Ltd, but I remain at a loss to see how this replacement window can have any harmful impact on the former church, and I note similar sentiments by the Planning Officer. It is simply a window in the side of the house facing windows in the side of that other building.
All told the change of fenestration has at the very least preserved the appearance and character of the Conservation Area and in some ways enhanced them.
Alan Langton Inspector
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