30 January 2004 · Minister for Local Government and the Environment (J. Pennington; formal notice by Deputy Chief Executive)
2, Railway Terrace, Douglas, Isle Of Man, IM1 4lt
The proposal involved installing uPVC replacement front windows (arched to match originals), Velux roof lights, a dormer, and door on a 19th-century terraced house in Railway Terrace, a secluded cul-de-sac in Douglas screened by a stone wall, trees, and railway embankment.
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The Planning Committee refused citing harm to the architectural attraction of Railway Terrace from thicker, clumsier uPVC frames differing from original wooden sliding-sash windows, contrary to para 7…
Planning Circular 1/98
Applies to pre-1921 buildings not registered or in conservation areas; strongly favours windows with same/similar glazing bar patterns and sections as originals. Committee/Inspector found uPVC frames thicker with different profiles/openings, making them contrary despite matching arches. Minister found detail differences not material given site's obscurity.
Compliance with submitted plans
This approval relates to the installation of uPVC replacement windows, velux rooflights and dormer in accordance with the documents submitted with the application.
no objection to this proposal
no views on the application, having no adverse traffic impacts
no objection to uPVC windows etc; do not agree Terrace is of architectural interest or that proposal detracts from it
Multiple neighbour support letters and responses from Douglas Borough, Douglas Corporation, and Department of Transport Highways all express no objection to the proposed uPVC replacement rear windows and velux roof lights at 2 Railway Terrace.
Douglas Borough Engineer and Surveyor's Department
No ObjectionDouglas Corporation have no objection to the proposals listed below.; 03/1585 Installation of upvc replacement windows, velux roof lights and dormer, 2 Railway Terrace, Douglas
Douglas Corporation Building Control Manager
No ObjectionI do not wish to add to the comments already submitted on behalf of Douglas Corporation.
Department of Transport Highways Division
No ObjectionThe Highways Division of the Department of Transport has no views on the following application, the application having been considered and having no adverse traffic impacts.; 03/01585/B
The original application 03/1585/PART for retrospective uPVC front windows, Velux roof lights, dormer and door was refused by the Planning Committee because Railway Terrace is of architectural attraction and interest and the PVC-framed casements and door would detract from it; this was confirmed on review. The appellant argued limited public visibility as a cul-de-sac, cost-effectiveness of uPVC over rotten timber, matching arched design, precedents of uPVC permissions nearby, no objections, and personal circumstances as a young couple of limited means. The inspector found the uPVC windows contrary to Planning Circular 1/98 due to thicker frames and different profiles noticeable in the street scene, though personal circumstances were material but insufficient, recommending dismissal. The decision-maker disagreed, noting limited visibility and particular circumstances, upholding the appeal and directing approval on 13/10/04. Only front windows remained in dispute after preliminaries.
Precedent Value
This appeal shows decision-makers may overturn strict policy application (e.g. Circular 1/98) for uPVC in low-visibility settings when personal circumstances are compelling and no objections exist. Future applicants should stress site seclusion, provide cost evidence, neighbour support, and highlight inconsistencies in council decisions on similar properties.
Inspector: R E Wilson
