21 May 2014 · Head of Development Management (delegated powers)
Garage, Cushag, 10, Shore Road, Laxey, Isle Of Man, IM4 7de
The site is an attractive two-storey rendered cottage called The Cushag at 10 Shore Road, Laxey, with no front garden, directly fronting the highway pavement, and featuring white uPVC sliding sash windows around the front door.
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The officer determined that the key issue was the proposal's impact on the Laxey Conservation Area, requiring particular regard to Environment Policy 35 and Planning Circular 1/98.
General Policy 2
Requires development to respect the site and surroundings in terms of siting, layout, scale, form, design; not adversely affect the character of the surrounding townscape or amenity of residents. The officer assessed the window replacement as failing these tests due to the casement style's incompatibility with the Conservation Area's unfussy character defined by robust mullions, transoms, and sliding sashes without glazing bars.
Environment Policy 35
Permits only development in Conservation Areas that preserves or enhances the area's character and protects special features. The proposal was tested against this and found wanting because casement windows would not preserve the character, especially given the site's prominence.
Laxey Village Commissioners recommended refusal of the application to install replacement casement windows at a property in the Laxey Conservation Area, insisting on like-for-like sliding sash windows.
Key concern: Property within Laxey Conservation Area requires like-for-like sliding sash windows instead of proposed casement
Laxey Village Commissioners
Objectionthe Board recommends refusal of the above planning application on the grounds outlined below; This property is within the Laxey Conservation Area and the Board believes that the windows should be like for like and in this case be sliding sash instead of the proposed casement
Laxey Village Commissioners
Objectionthe Board remains opposed to the above application for the reason stated below; This property is within the Laxey Conservation Area and the Board believes that the windows should be like for like and in this case be sliding sash instead of the proposed casement
The original application for installing replacement windows differing in opening mechanism from the existing sliding sash windows was refused due to conflict with conservation area policies on matching opening style. The appellant argued persistent damp issues from the exposed location, prevalence of similar windows nearby, and council inconsistency. The inspector found the proposal would preserve the conservation area's character given the norm of casement windows locally, likely resolution of damp problems, and council's inconsistent enforcement. The Minister accepted the inspector's recommendation to allow the appeal subject to conditions requiring submission of window details.
Precedent Value
This appeal shows that in conservation areas with established non-traditional features (e.g. uPVC casements), strict matching of opening mechanisms can be overridden by evidence of functional necessity and local character norms. Future applicants should gather photos/evidence of neighbouring precedents and prove existing features cause harm.
Inspector: Ruth V MacKenzie BA(Hons) MR
