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25/90904/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90904/B Applicant : Mr & Mrs Allan Paterson Proposal : Installation of four roof lights to rear elevation, installation of new roof and widening of window to existing utility room Site Address : 77 Malew Street Castletown Isle Of Man IM9 1LX
Planning Officer: Paul Visigah Photo Taken : Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 24.11.2025 __
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. Prior to the installation of the roof lights hereby approved, full details of their design, materials, colour finish, and method of fitting shall be submitted to and approved in writing by the Department. The roof lights shall be heritage-style units with a flush-fitting design and shall not project above the plane of the roof. The development shall thereafter be carried out in accordance with the approved details and retained as such.
Reason: To preserve the character and appearance of the dwelling and the Conservation Area in accordance with Strategic Policy 4 and Environment Policy 35.
C 3. Prior to the commencement of works to replace the utility room roof, full details and samples of the proposed slate tiles, including colour, texture, coursing, and ridge/hip treatment, shall be submitted to and approved in writing by the Department. The works shall be carried out strictly in accordance with the approved details and retained as such thereafter.
Reason: To ensure material continuity and safeguard the historic character of the building in accordance with Environment Policy 34.
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This application has been recommended for approval for the following reason. The proposal complies with Section 18(4) of the Town and Country Planning Act 1999 and is considered to preserve the character and appearance of the Conservation Area. The installation of roof lights on the rear roof slope, the replacement of the utility room roof with natural slate, and the widened utility room window respect the established architectural form and material palette of the dwelling. The scheme accords with General Policy 2, Strategic Policies 4 and 5, and Environment Policies 34 and 35 of the Isle of Man Strategic Plan 2016 and will not result in harm to the street scene or neighbouring amenity.
Plans/Drawings/Information;
This decision relates to the following documents and plans received 29 September 2025: Drawings: o Dwg. 101 - Location Plan, Existing and Proposed Site Plans o Dwg. 103 - Existing Ground and First Floor Plans o Dwg. 104 - Existing Attic Plan, Elevations, Sections and Site Photographs o Dwg. 107 - Proposed First and Second Floor Plans o Dwg. 108 - Proposed Attic Plan and Elevation Sections Documents: o Cover Letter o Drawing Register
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: o Castletown Commissioners - no objections __
Officer’s Report
1.0 THE SITE 1.1 The site is the curtilage of 77 Malew Street, an end-terrace dwelling occupying a prominent corner position at the junction of Malew Street and The Crofts within the historic core of Castletown. The property is arranged over two storeys with an attic space and forms part of a continuous terrace fronting Malew Street. 1.2 It has a pitched roof with stone chimney stacks and vertically proportioned sash-style windows. The property fronts directly onto the highway with no forecourt, and a stone boundary wall encloses a modest rear yard. The rear elevation is of stone construction with small-paned windows and a secondary entrance via the utility room. A stone wall defines the rear boundary, adjoining a narrow lane enclosed by stone walls on both sides, which connects to The Crofts. 1.3 Within the terrace, roof lights are a common feature on the rear roof plane, ranging from single openings to multiple units. Notably, No. 85 Malew Street incorporates four roof lights, whereas the application property currently has none. 1.4 To the south, beyond the lane, lies a detached dwelling set within a landscaped garden. This neighbouring property is visually separated by a stone boundary wall, hedging, and mature vegetation, providing screening and reducing direct intervisibility.
2.0 THE PROPOSAL 2.1 Planning approval is sought for Installation of four roof lights to rear elevation, installation of new roof and widening of window to existing utility room. 2.2 The proposed works would include the following: a. Installation of four new heritage style roof lights measuring 780mm wide x 1180mm high on the rear roof plane over the main dwelling.
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b. The existing roof covering to the current utility room which is proposed to be used as a sunroom is to be removed and replaced with new slate roof tiles to match existing dwelling. c. The existing window to the utility room which offers views to the rear yard would be widened from 1.6m to 2.7m. the height of the window would also increase from 770mm to 1125mm.
3.0 PLANNING POLICY 3.1 The site lies within an area designated on the Area Plan for the South (2013) as Predominantly Residential, and the site is also within the Conservation Area. The site is not prone to flood risks or within a registered tree area, and there are no registered trees on site. 3.2 TOWN AND COUNTRY PLANNING ACT 1999 3.2.1 S18 Designation of conservation areas (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. 3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016 1. General Policy 2 - General Development Considerations. 2. Strategic Policies 3 and 5 - promote good design and use of local materials and character. 3. Strategic Policy 4 - Seeks to Protect or enhance the fabric and setting of Conservation Areas (etc.). 4. Environment Policy 34 - Preference for the use of traditional materials in the maintenance, alteration or extension of pre-1920 buildings. 5. Environment Policy 35 - Seeks to preserve or enhance the character or appearance of Conservation Areas. 6. Environment Policy 42 - character and need to adhere to local distinctiveness. 7. Environment Policy 10 and 13 - Development and flood risk.
3.4 Planning Policy Statements: 1/01 POLICY AND GUIDANCE NOTES FOR THE CONSERVATION OF THE HISTORIC ENVIRONMENT OF THE ISLE OF MAN 3.4.1 POLICY CA/2 - Special Planning Considerations
3.5 Planning Circular: 1/98 THE ALTERATION AND REPLACEMENT OF WINDOWS 3.5.1 Category b) BUILDINGS IN CONSERVATION AREAS Policy 6: "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 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 originals, but not necessarily the original method of opening, whatever the material used in the construction."
4.0 OTHER MATERIAL PLANNING CONSIDERATIONS 4.1 Residential Design Guide (2021) 4.1.1 This document provides advice in Section 5 for architectural details, section 2 deals with sustainable methods of construction, while 7.0 deals with impact on neighbouring properties.
5.0 PLANNING HISTORY 5.1 The site has been the subject of the following planning applications which are considered relevant in the assessment and determination of the current application. 1. Approval was granted for Installation of hardwood sliding sash windows to replace existing to south elevation under PA 03/00560/B.
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2. PA 23/01426/B was recently approved for the site for the installation of replacement windows and a back door. The approved works involve replacing all existing timber windows on the Malew Street elevation with new timber sliding sash units, maintaining the traditional appearance. Sliding sash windows were also proposed across the rear elevation. In total, 12 windows and one back door were approved for replacement.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only. 6.1 Castletown Commissioners have no objection to the application (12 November 2025). 6.2 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The fundamental issue to consider with this application are: 1. Whether the proposal would result is any adverse impact on the character or appearance of the existing property or the wider street scene, and Conservation Area (GP2, EP35, PC1/98, PPS 1/01, S18 of the Act and RDG); and 2. Whether there would be any adverse impacts on neighbouring amenity (GP2 & RGD 2021). 7.2 Statutory Test - Section 18 (4) 7.2.1 In accordance with Section 18(4) of the Act, it is considered that the proposal does not conflict with the objectives set out therein. The application has therefore been assessed in the context of the relevant policies identified below and within Section 3 of this report. 7.3 Impact on Character and Appearance (EP 34 & 35, STP 4 & 5, GP 2, PPS 1/01, PC 1/98) 7.3.1 In assessing the potential impacts of the proposal on the character and appearance of the property and the wider Conservation Area, the key consideration is whether the works respect the established architectural form, materials, and detailing that contribute to the area's significance. The installation of four roof lights to the rear roof plane introduces new apertures; however, these are confined to the rear slope, avoiding disruption to the principal elevation and the public realm. While other properties within the terrace, including No. 85 Malew Street, feature roof lights on the rear roof plane, the acceptability of this proposal rests on its own design quality and contextual sensitivity rather than replication of neighbouring examples. 7.3.2 The proposed roof lights are heritage-style units of modest proportions, positioned to maintain the integrity of the roof form. Their discreet placement ensures they do not compete visually with traditional features such as chimney stacks or eaves lines. When viewed from the rear lane, the proposal would read as a subordinate element, preserving the overall composition and avoiding visual clutter. 7.3.3 The replacement of the utility room roof with slate tiles to match the main dwelling is considered appropriate and accords with Environment Policy 34, which promotes the use of traditional materials in the maintenance and alteration of pre-1920 buildings. This element reinforces material continuity and enhances visual cohesion within the rear elevation. 7.3.4 The proposed widening of the utility room window introduces a substantial change in proportion; however, its position on the rear elevation, which is not readily visible from a public thoroughfare, engages the flexibility afforded by Planning Circular 1/98 (Policy 6) and PPS 1/01. These provisions allow alterations to non-prominent elevations without replicating original opening methods, provided that the pattern of glazing bars remains the same or similar to the originals, irrespective of material. In this case, the existing window is a modern UPVC casement without glazing bars, and the proposed design continues this approach. While this does not reinstate the traditional fenestration pattern that historically contributed to the dwelling's character, the policy does not require reinstatement on secondary elevations. The proposal therefore satisfies the requirement under Policy 6 (PC 1/98), given its limited visibility and consistency with the current arrangement. 7.3.5 Taken together, the works demonstrate a context-sensitive approach, respecting the site and surroundings in terms of siting, scale, and materials. The proposal would preserve and modestly enhance the character and appearance of the dwelling and the Conservation Area,
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meeting the requirements of Strategic Policies 4 and 5, Environment Policies 34 and 35, and General Policy 2(b, c and g).
7.4 Impact on Neighbouring Amenity (GP 2 & Residential Design Guide 2021) 7.4.1 With regard to potential impacts on neighbouring amenity, it is considered that the nearest residential property with potential to be affected is Croft Beg, located to the south beyond the rear lane. The separation distance between the rear roof plane of the application property and the elevation of Croft Beg is approximately 26 metres, with the base of the proposed roof lights positioned about 27 metres away. An intervening stone boundary wall lies approximately 13.4 metres from the base of the roof lights on the boundary of this neighbouring dwelling, supplemented by mature vegetation and the boundary wall on the rear boundary of the application site, which provide effective screening. 7.4.2 The Residential Design Guide (2021) advises, through its "20 Metre Guide" (Section 7.5.3), that overlooking is unlikely to be a concern where elevations containing habitable room windows are separated by more than 20 metres. The proposed roof lights exceed this threshold and are located on the rear roof slope, limiting downward views primarily to the applicant's own curtilage. 7.4.3 The widening of the utility room window would increase the extent of glazing on the rear elevation; however, views from this opening remain confined within the applicant's yard. The combination of physical separation, the intervening lane, and screening provided by stone walls and mature vegetation ensures that the proposal would not result in unacceptable overlooking, loss of privacy, or overbearing impact. 7.4.4 On this basis, the scheme accords with General Policy 2(g) and the principles of good neighbourliness set out in RDG Sections 7.1-7.5, maintaining an acceptable standard of amenity for surrounding occupiers.
8.0 CONCLUSION 8.1 The proposed works would introduce modest alterations that respect the established character of the dwelling and the wider Conservation Area. The installation of heritage-style roof lights and the replacement of the utility room roof with slate tiles represent context- sensitive improvements that reinforce material continuity. The widening of the utility room window is acceptable in principle due to its location on a non-prominent elevation and consistency with existing modern detailing; while it does not reinstate traditional fenestration patterns, this is not required under Planning Circular 1/98 for secondary elevations. On balance, the proposal accords with General Policy 2, Strategic Policies 4 and 5, and the statutory duty under Section 18(4) of the Town and Country Planning Act 1999, preserving the character and appearance of the Conservation Area.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted). 9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria. 9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
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o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
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I can confirm that this decision has been made by a Principal Planner 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 and/or rights to appeal.
Decision Made : Permitted
Date: 25.11.2025
Determining Officer Signed : C BALMER
Chris Balmer
Principal Planner
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