29 December 2004 · Minister (via Department of Local Government and the Environment, accepting Inspector's recommendation upholding Planning Committee)
Kings Guest House, Queens Promenade, Douglas, Isle Of Man, IM2 4nl
The proposal sought retrospective consent to replace five original timber sliding sash windows with uPVC top hung casement windows (two fixed, three opening) on the prominent second floor front elevation of Erin Brae, a three-storey Georgian-era registered building (No.
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The Inspector concluded the main issue was whether uPVC top hung casement windows retained the architectural integrity of the Registered Building or maintained the character/appearance of the Conserva…
Environment Policy 36
Prohibits alterations detrimentally affecting Registered Building's special interest. Directly applied to refuse as uPVC harmed architectural/historic character.
Environmental Policy 39
Permits only development preserving/enhancing Conservation Area character. uPVC failed test by removing important sliding sash detailing.
Windows Policy 1/98 'Buildings in Conservation Areas'
For Registered Buildings, replacements must match originals exactly (opening, materials, design) unless exceptional; for Conservation Areas, visible windows must match opening/pattern/frame. Strictly applied—no exceptional circumstances; uPVC casements mismatched timber sashes.
no objection to the proposals
no views on the application, having no adverse traffic impacts
Douglas Corporation and Highways Division both have no objection to application 04/02068/GB for retrospective installation of five uPVC top hung casement windows on the second floor front elevation at Erin Brae, Queens Promenade.
Douglas Corporation
No ObjectionDouglas Corporation have no objection to the proposals listed below.; It should be noted that the above comments are made in relation to the Town and Country Planning Acts and does not imply approval or consent under any other relevant enactment, byelaw, order or regulation.
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.; 04/02068/GB
The original applications for retrospective planning permission (04/02068/GB) and Registered Building Consent (04/02068/CON) were refused by the Planning Committee on 29th December 2004 and confirmed on 14th February 2005 due to harm to the character of the Registered Building and Douglas Promenades Conservation Area. Appellants argued urgency due to window failure, high cost of timber replacements, precedents for uPVC, and changed setting from adjacent development. The Planning Committee defended refusal citing strict policies on window replacements in Registered Buildings and Conservation Areas. Inspector found the uPVC windows failed to retain architectural integrity or maintain Conservation Area character, rejected urgency excuses as inadequate, and recommended dismissal. Minister accepted the recommendation on 14th September 2005, upholding refusals and noting ongoing enforcement.
Precedent Value
This appeal reinforces strict enforcement of exact window replication in prominent Registered Buildings, even retrospectively or under urgency. Future applicants must prioritise consultation, temporary safeguards, and full policy justification over practical expediency.
Inspector: David G Hollis
