27 May 2011 · Minister for Infrastructure (on appeal, following inspector recommendation)
45, Hildesley Road, Douglas, Isle Of Man, IM2 5ax
The proposal involved replacing the existing painted timber sliding sash windows (front) and casement windows (rear) with uPVC casement windows throughout, retaining 50/50 split glazing on front bays, and replacing the original painted timber panelled front door with a white uPVC door featuring an arched glazed panel a…
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The officer assessed the proposal against Environment Policy 35 (Strategic Plan 2007), requiring development in Conservation Areas to preserve or enhance character and protect special features, and Po…
Environment Policy 35
Requires development in Conservation Areas to preserve/enhance character/appearance and protect special features from inappropriate development. Officer found proposal harmful as it loses traditional sash opening (special feature) and introduces inappropriate uPVC door. Inspector disagreed: casements now prevalent (41/46 houses); sash not special; key features (brick, bays) retained, so preserves existing character.
Policy 6
For Conservation Areas, original windows preferably repaired; if replaced and visible from public view, MUST replicate original opening method, glazing bars, frame sections (regardless of material). Proposal matches 50/50 glazing but changes sash to casement opening. Officer: strict non-compliance. Inspector: strict reading conflicted, but policy aim (keep with area character) met given street's casement preponderance and past flexible approvals.
General Policy 2
Permits development respecting site/surroundings in scale/design, not adversely affecting townscape character or amenity. Cited as relevant due to residential zoning and Conservation Area, but assessment focused on design/character tests subsumed under ENV35.
Time limit
The development hereby permitted shall commence before the expiration of 4 years from the date of this notice.
Approved drawings
This approval relates to the installation of replacement windows and front door as shown on the following drawings which are all date stamped as being received on 5 April 2011: A4 1:1000 scale Location Map; A3 1:50 scale drawings of the Existing Elevations; A3 1:50 scale drawing of the Proposed Elevations.
no objection
The original application for replacement windows and front door was refused by the Senior Planning Officer due to non-compliance with Environment Policy 35 and Planning Circular 1/98, as the proposed casement windows differed from original sashes and the uPVC door was inappropriate for the Conservation Area. The appellant argued that casement windows match the majority in the street and cited a prior approval for PVCu sashes not implemented due to health and financial issues. The inspector agreed with the council on rear windows but found front casement windows and Georgian-style door acceptable given the preponderance of casements and door variety in the street, preserving essential Conservation Area features like brickwork and bays. Policies were interpreted flexibly based on prevailing street character and past approvals. The appeal was allowed with conditions on 9 September 2011.
Precedent Value
This appeal sets precedent that strict Conservation Area window policies can be flexed where replacements match predominant street character, even if differing from originals on the site. Future applicants should document local window/door variety and emphasize unchanged key architectural features.
Inspector: Stephen Amos MA(Cantab) MCD MRTPI
