**Document:** DEC Officers Report
**Application:** 14/00698/CON — Registered Building Consent for installation of replacement windows to upper floors (RB no 32 in association with 14/00697/GB)
**Decision:** Permitted
**Decision Date:** 2014-07-18
**Parish:** Malew
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/18969-malew-co-operative-store-parade-registered-building-consent/documents/1003084

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# DEC Officers Report

### Officer's Report

[Table omitted in markdown export]

#### The Site

1. The site is the curtilage of the Co-operative store in Castletown. The shop lies on the south western side of The Parade and sides onto the lane which leads to Farrant's Way. To the south, attached to the application building is 7, The Parade which is a private residence. The building is three storeys in height and has a shop front to The Parade in which is the Post Office for the town is presently within the Co-op store.

#### The Proposal

2. Proposed, is Registered Building Consent for installation of replacement windows to upper floors (RB no 32 in association with 14/00697/GB)

#### Planning History

3. The following previous applications are considered to be specifically material in the assessment of the current application:

10/01198/CON - Relocate existing roof air conditioning plant, creation of a screen and removal of hand railing (in association with 10/01197/GB) Registered Building Nos. 032 - Application Permitted

10/01197/GB - Relocate existing roof air conditioning plant, creation of a screen and removal of hand railing (in association with 10/01198/CON) - Application Permitted

10/00762/CON - Registered Building consent to relocate existing roof air conditioning plant, creation of a screen and removal of hand railing (in association with 10/00761/GB) Registered Building Nos. 32 - Application Refused

10/00761/GB - Relocate existing roof air conditioning plant, creation of a screen and removal of hand railing (in association with 10/00762/CON) - Application Refused

08/02269/R - Installation of air conditioning units / condenser, steel hand railing and raising of boundary wall (In association with 08/02270/CON) - Application Refused

08/02270/CON - Registered Building consent for installation of air conditioning units / condenser, steel hand railing and raising of boundary wall (In association with 08/02269/R) Registered Building Nos. 032 - Application Refused

01/00275/GB - Erection of shop signs - Application refused at appeal

90/01053/B - Remove shopfront; fit new aluminium Georgian shopfront, Manx Coop, The Parade, Castletown - Application Permitted

### Development Plan Policies

4. The site lies within an area designated on the Castletown Local Plan of 1991, the draft Castletown Plan of 2001 and the draft Southern Area Plan which was published on 23rd October, 2009 as Mixed Use. The site lies within the Castletown Conservation Area and the building alongside which the proposed development is to occur, is Registered.

4.1 As the property is located within the Castletown Conservation Area designated in 1990, the relevant planning policies from the Isle of Man Strategic Plan 2007 (20th June 2007), are Strategic Policy 4, Environmental Policies 32 and 35, Category a) Registered Buildings from Windows Policy 1/98 and Policies RB/5 ALTERATIONS AND EXTENSIONS and CA/2 SPECIAL PLANNING CONSIDERATIONS of Conservation Areas of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man) are also considered to be relevant to determining this application.

#### Strategic Policy 4 states:

"Proposals for development must:

- (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas, and sites of archaeological interest;

- (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and

- (c) not cause or lead unacceptable environmental pollution or disturbance."

#### Environment Policy 32 states:

"Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted."

#### Environment Policy 35 states:

"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."

#### "Category a) REGISTERED BUILDINGS

If the original windows are still in place they should preferably be repaired. If the repair is impracticable, replacement windows MUST BE THE SAME as the originals in all respects,

including the method of opening, materials and detailed design. This policy will be strictly applied other than where the particular circumstances are so exceptional as to justify relaxation.

Reasons for Policy: Registered Buildings are those buildings which are judged to be of special architectural or historic interest and which are already entered into the Protected Buildings register. Because of their special status, these buildings merit particular care and any work carried out by way of repair or alteration requires Registered Building Consent.

Planning Approval and Registered Building Consent ARE ALWAYS required."

RB/5: Alterations and Extensions states:

"In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Registered Building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals.

Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting. Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative affect upon the building's special interest as a result of several minor works which may individually seem of little consequence."

Policy CA/2 - Special Planning Considerations states:

"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."

CONSULTATIONS:

5. Castletown Commissioners considered the application with 'no objections raised'.

## ASSESSMENT

6. The application seeks Registered Building Consent for installation of replacement painted timber sliding sash windows to the frontage of the property onto The Parade and the second floor of the gable and first floor of the gable facing rear outshot.

6.1 The windows to the first floor frontage of the property onto The Parade and the second floor of the gable are 'six-over-six' Georgian style windows. The window to the gable facing outshot is a 'two-over-two' Victorian format window.

6.2 The information provided with the application as to the condition of the existing windows and the detail of the replacements is scant save for the description on the drawings stating;

'Existing windows to be replaced with high quality timber framed, sash and case units. Fenestrations to match existing throughout. Painted finish. Front elevation only to incorporate double glazing'.

6.3 Additional information has been sought from the applicant's agent in respect of the condition of the windows in the form of an annotated photographic survey and the detail of the proposed windows with the drawings, preferably at 1:10 scale. That information was received on the 10th July 2014 and considered to be acceptable.

6.4 The agents content that the intention is to:

'make replacement timber sash and case units to match the existing fenestration to upper parts only (no works to shop frontage) and where practical replicating timber sections, astragals, horn and sash and case proportions. Material will be red pine with a paint finish. There are currently no manufacture drawings produced for the windows'.

6.5 Photographic evidence on file suggests that the windows in the front of the property are potentially original, or at least of some considerable age. This is based on the retention of 'Crown' glass and glazing bar profiles. Further photographic evidence of the condition of the windows has been supplied by the agents on the 10th July 2014. That photographic evidence illustrates windows that have previously been repaired and in poor condition in places.

6.6 The agents have provided further drawn information indicating the proposed windows, in particular the detail of the existing and proposed glazing bars. The proposed utilises a slim double glazing system that has successfully been used elsewhere on the Island within Registered Buildings. The system allows a close approximation of the existing windows, replicating the putty detailing and the glazing bars. In so doing, the proposed replacement windows are considered acceptable.

7. Overall it is considered that the installation of replacement windows to upper floors would have an acceptable impact upon the character and appearance of the Registered Building and the Castletown Conservation Area within which it is located. In doing so, it is considered that the application conforms to the basis of the relevant planning policies from the Isle of Man Strategic Plan 2007 (20th June 2007), are Strategic Policy 4, Environmental Policies 32 and 35, Category a) Registered Buildings from Windows Policy 1/98 and Policies RB/5 ALTERATIONS AND EXTENSIONS and CA/2 SPECIAL PLANNING CONSIDERATIONS of Conservation Areas of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man) and is therefore correspondingly acceptable.

RECOMMENDATION:

8. For the above reasons the application is considered to be acceptable and is recommended for approval.

PARTY STATUS:

9. The local authority Castletown Commissioners is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered an "interested person" and as such should be afforded interested person status.

### Recommendation

**Recommended Decision:** Permitted

**Date of Recommendation:** 10.07.2014

### Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
- : Notes attached to refusals

#### C 1.

The works hereby granted registered building consent shall be begun before the expiration of four years from the date of this consent.

**Reason:** To comply with paragraph 2(2)(a) of schedule 3 of the Town and Country Planning Act 1999 and to avoid the accumulation of unimplemented registered building consents.

This approval relates to Drawing Number BS:001 Windows Replacement 1:100 @ A3, A3 Location Plan Scale 1:1250, 2no. A4 colour photo sheets all date stamped 05 June 2014 and 3No. A4 sheets entitled 'Images of existing windows showing poor condition -', Drawing Number BS:002 'Existing Window Existing Astragal Detail' and Drawing Number BS:003 'Indicative Proposed Window Indicative Proposed Astragal Detail' date stamped 10 July 2014.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

**Decision Made:** Permitted
**Date:** 10/7/14

### Determining officer (delete as appropriate)

**Signed:** _________________________
**Chris Balmer**
**Senior Planning Officer**

**Signed:** _________________________
**Michael Gallagher**
**Director of Planning and Building Control**
**Signed:** _________________________
**Jennifer Chance**
**Head of Development Management**

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/18969-malew-co-operative-store-parade-registered-building-consent/documents/1003084*
