13 June 2007 · Minister for Local Government and the Environment (on appeal, following report by independent inspector John S Turner)
Bagnio House 32-34, Arbory Street, Castletown, Isle Of Man, IM9 1lj
The application sought full planning approval for replacing all windows and doors with new timber-framed double-glazed sliding sashes (like-for-like where possible) and installing Thermomax solar hot water panels on the south-facing roof of the rear modern garden room extension at Bagnio House, a prominent two-storey v…
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The initial refusal by the Director of Planning and Building Control rested on the loss of historic windows (e.g., rare York Sash in store room, Georgian-pattern windows fronting Arbory Street) being …
Planning Policy Statement 1/01 - Policy CA/2 (Conservation Areas)
Requires special consideration for development in Conservation Areas. Officer initially found window replacement harmful; inspector assessed proposal complies as like-for-like, not harming principles, especially with non-original windows and practical issues for alternatives.
Conservation Area Policy 4 (PPS 1/01)
Seeks to preserve/enhance Conservation Areas. Front windows' replacement tested against Georgian/York Sash value; inspector found no harm to Area's appearance given replication, double glazing benefits, and precedents nearby.
Time limit
The development hereby permitted shall commence within four years of the date of this decision.
Do not oppose
no objection (consulted, no adverse comments noted)
No objection if the Conservation Officer is satisfied
The original application for installation of replacement windows and solar heating panels at Bagnio House was refused by the Department, primarily due to concerns over replacing historic windows in a Conservation Area building suggested for registration. The appellant argued for replacement due to timber decay, impracticality of repairs or secondary glazing, and environmental benefits including reduced carbon footprint. The inspector conducted a site visit and assessed visual impacts, finding solar panels acceptable as not publicly visible and window replacements compliant with policy as like-for-like in appearance using hardwood frames with double glazing, rejecting secondary glazing as impractical. Policies CA/2, CA/4, and Planning Circular 1/98 were considered not harmed. The appeal was allowed subject to a commencement condition.
Precedent Value
This appeal demonstrates that in Conservation Areas, replacement windows with double glazing can be approved if like-for-like in external appearance, timber decayed/repairs impractical, and secondary glazing unfeasible due to building constraints. Future applicants should provide joiner reports, internal photos, and emphasise energy efficiency gains over speculative historic assumptions.
Inspector: John S Turner
