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15/01139/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 15/01139/B Applicant : Brillig Investments Limited Proposal : Installation of replacement windows Site Address : 12 Malew Street Castletown Isle of Man IM9 1AB
Case Officer : Mr Edmond Riley Photo Taken : 28.10.2015 Site Visit : 28.10.2015 Expected Decision Level : Officer Delegation
Officer’s Report
1.0 THE SITE
1.1 The application site is the curtilage of 12 Malew Street, a three-storey mid-terraced property sited on the eastern side of Malew Street in Castletown that is both within Castletown's Conservation Area and also sits behind Castle Rushen, which is both Registered and an Ancient Monument. The ground floor is currently vacant with the last use being retail, with the upper floors in residential accommodation - albeit that the site is undergoing renovations in line with an approved change of use to a dental surgery.
1.2 To the front, the property has six large, identically sized windows with varying opening mechanisms. To the rear, which is visible from with Castle Rushen if not from Malew or Castle Streets, three wooden sliding sash units and a single, pitched-roof dormer extension are found.
2.0 THE PROPOSAL
2.1 The application has required a number of additional pieces of information and clarification from the applicant in order to understand what is actually being proposed. However, it is now clear that full planning approval is sought for replacement windows in both the front and rear elevations - six to the front elevation and three to the rear elevation (excluding the dormer window). These would be of a sliding sash form and of uPVC material; although the drawings indicate that the units might be casement in opening style, the units proposed tilt inwards, presumably to enable them to be cleaned. A condition to clarify this might be worth including on any issued approval notice. No glazing bars are proposed.
3.0 PLANNING HISTORY
3.1 Previously planning approval was sought for the alterations and extension to the existing retail shop and change of use to dental surgery under PA 14/00647/B. It was proposed to have a flat fibreglass roof to the rear extension. This previous planning application was refused on the grounds that the proposed extension, by reason of its flat roof design would result in an unattractive and incongruous addition which would be harmful to the Conservation Area and perception of views from Castle Rushen. Following this, planning approval (14/01032/B) was sought for an amended scheme that attempted to overcome this refusal. Although that subsequent application attracted an objection from Highway Services, it was recommended for approval by officers, a recommendation that was upheld by the Planning Committee.
3.2 Perhaps of more direct relevance, though, is that the properties along Malew Street have been the subject of a number of applications seeking planning approval for replacement windows.
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15/01139/B
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Generally speaking these have been approved, with applications - again generally - proposing sliding sash units. This is reflected in the streetscene, which retains a number of traditional window lights - albeit that there are some poor and inappropriate examples evident as well.
4.0 PLANNING POLICY
4.1 The application site is within an area zoned as Mixed Use under the Area Plan for the South 2013. As previously mentioned, the site also lies within Castletown's Conservation Area. The written statement that accompanies the Area Plan for the South 2013 does not contain any policies of material relevance to the assessment of the current planning application.
4.2 The Strategic Plan, meanwhile, contains two policies that are considered materially relevant to the assessment of this current planning application.
4.3 General Policy 2 states in part: "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:
(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; (g) does not affect adversely the amenity of local residents or the character of the locality;
4.4 Environmental 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."
4.5 In addition, Planning Circular 1/98: The Alteration and Replacement of Windows sets down the policies in respect of the alteration or replacement of windows in Conservation Areas. Part 6, Category b) 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 pattern and section of glazing bars and the same frame sections 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 Highway Services of the Department of Infrastructure identified that the application had no highways implications on 23.10.2015, while Castletown Commissioners offered no objection to the proposal on 20.10.2015.
6.0 ASSESSMENT
6.1 The fundamental issue to consider in the assessment of the application is the impact the installation of the replacement windows would have upon the character and appearance of 12 Malew Street and the Conservation Area in which it sits.
6.2 Conservation seeks the protection of something from damage, deterioration or even development by an act of preservation. The results of conservation are greatly enhanced where
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original materials and features can be re-used or saved, for example the implementation of doors and traditionally styled windows. In this, the proposed loss of timber windows is unfortunate, albeit that these are not hugely visible and are also evidently well beyond repair.
6.3 It can be argued that windows are the most important element in a facade. They help define the style, age and sometimes even the original purpose of a building. The original windows should be replicated faithfully in opening method and glazing bar pattern. The chances are the original units would have been sliding sash with decorative horns - although this is not always the case. What is clear is that the existing windows are certainly not original to the building.
6.4 Environment Policy 35 requires that development will only be approved within a Conservation Area if the development would preserve or enhance the character or appearance of the area. More specifically, Planning Circular 1/98 states that replacement windows must have the same method of opening and glazing bars as the originals.
6.5 Malew Street displays a mix of window types from the traditional sliding sash to uPVC framed casements. The majority of windows, however, are sliding sash units. Some modern buildings in the area have 50/50 split uPVC casements, while face-applied glazing bars are also notable by their presence.
6.6 The above notwithstanding, it is now generally accepted that the use of uPVC materials in Conservation Areas is acceptable in principle. However, it is also a Planning principle that each application should be determined having regard to its particular circumstances.
6.7 In this case, the existing units to the front elevation are inappropriate in form and their replacement with a more appropriate form - such as is proposed here - should be welcomed. The use of uPVC is not objectionable in this case. The loss of timber sliding sash units to the rear is more unfortunate, but equally the use of uPVC is not inappropriate and the retention of the traditional opening style to a rear elevation is also welcome.
6.8 It is not known at present what is proposed for the dormer window at the rear, save for "minor repair works" as indicated by the applicant. It is perhaps unfortunate that this is not also proposed for repair but this is not a reason to withhold planning approval.
7.0 RECOMMENDATION
7.1 The proposal is considered to comply with the relevant parts of Circular 1/98 and Environment Policy 35 of the Strategic Plan. It is therefore recommended for approval.
8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
o The applicant, or if there is one, the applicant's agent; o The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; o The Highways Division of the Department of Infrastructure; and o The local authority in whose district the land the subject of the application is situated.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 14.12.2015
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15/01139/B
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Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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.
C 2. The opening mechanism of the windows hereby approved shall be sliding sash in addition to any facility for the lower sash to also open inward for cleaning and maintenance purposes.
Reason: for the avoidance of doubt, and in the interests of protecting the character and appearance of the Conservation Area, in which non-sliding sash units would be inappropriate.
The development hereby approved relates to the plan 2014/11 02, date-stamped as having been received 13th October 2015 and the Job Quotation date-stamped as having been received 12th November 2015.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date: 15.12.2015
Determining officer
Signed : S CORLETT Sarah Corlett
Senior Planning Officer
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