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21/01212/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/01212/B Applicant : Mr William & Mrs Carol Asbridge Proposal : Installation of replacement windows and doors Site Address : 25 Malew Street Castletown Isle Of Man IM9 1AD
Planning Officer: Mr Paul Visigah Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 10.12.2021 __
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. The windows on the front elevation of the dwelling must match the existing in all respects, including sash horns, glazing bar arrangement and the proportions of each opening sash.
Reason: to ensure that the proposed windows are sympathetic to the Conservation Area in which the property sits.
C 3. Prior to the installation of the replacement front door, the applicant must have approved in writing by the Department details of the colour, number and size of glass pane on the upper section, and the design pattern of the decorative upper section. The development must be undertaken in accordance with these details and retained as such thereafter.
Reason: to ensure that the proposed door is sympathetic to the Conservation Area in which the property sits.
This application has been recommended for approval for the following reason. The proposal meets the tests of Section 18 of the Town and Country Planning Act 1999; General Policy 2, Strategic policy 4 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, as well as Planning Policy Statement 1/01 as it will protect and enhance the character of the Proposed Conservation Area, and the character of the surrounding townscape is not being adversely affected.
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Plans/Drawings/Information; This decision relates to the Photographs, Location Plan, Site Plan, Floor Plans, Window Details and Supporting Information date stamped and received on 6 October 2021, and Correspondence from applicant received 7 December 2021. __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The application site is the residential curtilage of 25 Malew Street, a three-storey mid- terrace dwelling that sits on the southwestern side of Malew Street in Castletown. The existing windows on the property are single glazed timber units; sliding sash windows on the first and second floor front and rear elevation (the windows pattern of glazing bars are different for the first and second floor windows at the rear. At ground floor there is a door along with a three pane fixed window on the front elevation, while a part-glazed door and single pane fixed window are on the rear elevation.
1.2 The streetscene is characterised by a mixture of window styles, although the sliding sash window type (timber and UPVC) is the dominant window type on the front elevation of the properties here. There is no dominant door style within the streetscene as the properties have timber and UPVC glazed, part glazed, panel and composite doors.
2.0 THE PROPOSAL 2.1 The application seeks planning approval for installation of replacement windows and doors.
2.2 The scheme would involve: 2.2.1 The replacement of the existing timber sliding sash windows on the front elevation with UPVC sliding sash windows to replicate existing style.
2.2.2 The replacement of the existing windows on the rear elevation with UPVC casement with false horns in the style of the existing single glazed sash windows. All the new windows here would have the same pattern of glazing bars (which is different from the existing which had different patterns or the first, second and third floor).
2.2.3 The replacement of the existing timber glazed door on the front elevation and timber part-glazed door at the rear with vertical panelled timber door on rear elevation with white UPVC door. The front door would have a solid lower part with double glazed decorative upper section, while the back door will have a solid lower part with double glazed upper section similar to front door (no decorative detail).
2.3 The works would also involve the raising of the window cill for the fixed pane windows on the front elevation from 500mm above ground level to 800mm and the installation of UPVC double glazed three pane fixed windows.
2.4 There were concerns over the details for the windows on the front elevation as any window proposed on the front elevation should be sliding ash windows to provide appropriate replacements for the existing windows. This was discussed with the applicants who have now revised the front element of the scheme and provided written correspondence which indicates that they would like to amend the scheme from casement windows to sash windows in the front and continue with the rear as originally stated. They also provided photographs of the
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style of UPVS sliding sash windows they would install on the front elevation (first and second floor).
3.0 PLANNING POLICY 3.1 The site lies within an area designated on the Area Plan for the South (2013) as mixed use, and within the town's Conservation Area where Planning Policy Statement 1/01 requires development to preserve or enhance the character or appearance of the area and to take into account in any decision, the special character of the area. The site is not prone to flood risk, or within a Registered Tree Area, and there are no protected trees on site. As such, the following Strategic Plan policies are relevant: 3.2 General Policy 2: 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; and (g) does not affect adversely the amenity of local residents or the character of the locality.
3.3 Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;
3.4 Environment Policy 35: 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.
3.5 Environment Policy 34 expresses a preference for the use of traditional materials in the maintenance, extension or alteration of pre-1920 buildings.
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 TOWN AND COUNTRY PLANNING ACT 1999 4.1.1 S18 Designation of conservation areas Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act".
4.2 Planning Policy Statement 1/01 4.2.1 POLICY CA/2: SPECIAL PLANNING CONSIDERATIONS "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected".
4.3 Planning Circular 1/98 provides guidance on the replacement of windows and in Conservation Areas. It 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
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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 original method of opening, whatever the material used in the construction."
5.0 PLANNING HISTORY 5.1 The application property has not been the subject of any previous planning applications.
6.0 REPRESENTATIONS. Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' in the letter dated 20 October 2021.
6.2 The Castletown Commissioners have not made any comments on the application, although they were consulted on 13 October 2021.
6.3 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The issue here is whether the proposed works preserve or enhance the character or appearance of the Conservation Area in which the property sits taking into account the special character of the area.
7.2 As originally proposed, the windows on the first and second floor of the front elevation would not have preserved the character or appearance of the area by replacing a traditional form of window with a more modern one in terms of opening style and frame material, even though they had horns and were sash like. What is now proposed, however, uPVC framed sliding sashes will preserve the character and appearance of the property and the area, in line with the appropriate policies. Similarly, the works to raise the window cill and install the fixed windows on the ground floor front elevation will also be in keeping with the character of the property as it would offer a better appearance than the existing tired windows, with the new cill level considered to be at level like other similar properties within the streetscene. These works would serve to preserve the character of the property and the Castletown Conservation area to which it belongs.
7.3 The works to also install the UPVC door with a solid lower part with double glazed decorative upper section is also considered to preserve the character of the building, surrounding streetscene and Conservation Area. This is hinged on the fact that there is no dominant door style within the immediate streetscene, with the new door with its decorative elements considered to be an enhancement over the existing glazed door. It is, however, important to attach a condition which requires that the door details (decorative pattern, appearance and colour) be provided prior to installation since the submitted documents do not show all these details.
7.4 The works at the rear of the building to replace the existing casement window, sliding sash window and fixed pane window (all having varied appearances) with a set of three UPVC casement windows with fake horns is also considered to be an acceptable development. This is hinged on the fact that the windows would have similar pattern of glazing bars and bring a uniform appearance to the rear elevation. Whilst it would have been more appropriate for sliding sash windows to be installed here, in this case, the works are to the rear and will not be publicly visible. They would also be seen alongside other rear outriggers which have similar
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windows and which cumulatively, do not contribute to the character of the Conservation Area. Planning Circular 1/98 is also clear that those parts of a building which are not publicly visible will be treated more leniently than those that are.
7.5 It is also considered that the proposed door, although not a similar door to the existing would be a fitting replacement for the existing door given that this door would be at ground floor level, enclosed by the rear yard. As well, the proposed door type is similar to that proposed for the front elevation, although it does not include the decorate details on the front elevation door; and this door is similar to other composite doors used within the Conservation area. As such, it is considered that the new door would preserve the character of the application property, as well as the Conservation Area.
7.6 Overall, it is noted that the degree of flexibility in the material used for replacement windows as stated in Planning Circular 1/98 and the proposed replacement window styles; which would be sliding sash windows on the front elevation and casement windows with fake horns on the rear elevation, would result in a positive impact on the overall character and appearance of the property, the streetscene and the Conservation Area. This would ensure that the character of the Conservation Area is not compromised. Whilst the most appropriate frame material would be timber to match the existing, and in accordance with EP34, the property has around it uPVC framed windows which are sliding sash and casements and as such, it is not considered essential to maintain the character of the area, for the new windows to be timber framed.
8.0 CONCLUSION 8.1 The proposal complies with General Policy 2, Environment Policy 35 and Planning Policy Statement 1/01 and whilst the frames are not of a traditional material, in this case it is not considered detrimental and thus Environment Policy 34 is not contravened.
9.0 INTERESTED PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
9.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status __
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
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Decision Made : Permitted Date : 15.12.2021
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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