**Document:** Officer Report 11/01270/B **Application:** 11/01270/B — Installation of replacement windows to front elevation **Decision:** Refused **Decision Date:** 2011-10-24 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/1596-malew-3-douglas-street-windows-replacement/documents/1255344 --- # Officer Report 11/01270/B ## Planning Report And Recommendations [Table omitted in markdown export] [Table omitted in markdown export] ## Officer's Report ### Site The site represents the curtilage of 3 Douglas Street, Castletown, which is part of a row of two and three storey properties which run along the western side of Douglas Street. The site is southeast of Lorne House and east of the Harbour. The property is a traditional two storey property finished with a painted render and has three timber top hung casement windows to the front elevation, which are proposed to be replaced with similar styled windows but double glazed and constructed of uPVC. Douglas Street comprises a number of traditional terraced and detached properties, all varying in sizes. The majority, have the original or replacement timber sliding sash widows or uPVC top opening casement windows which have a '50' '50' split, to appear as sash windows. ### Proposal The application seeks approval for the installation of replacement windows to front elevation. The existing timber top hung casement windows are proposed to be replaced with similar styled windows but double glazed and constructed of uPVC. ### Planning Policy The application site is within an area of predominantly residential use, under the Isle of Man Planning Scheme (Castletown Local Plan) Order 1990. The site is within a Conservation Area. It should also be noted that under the Modified Draft Area Plan for the South the application site is also within an area of predominantly residential use and also within a Conservation Area. - Castletown Local Plan Order 1990 - The Isle of Man Strategic Plan (June 2007) - Modified Draft Area Plan for the South Due to the site being within a predominantly residential area and due to the proposed usage the following policies are relevant in the determination of the application:- ### "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: - (a) is in accordance with the design brief in the Area Plan where there is such a brief; - (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; - (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; - (e) does not affect adversely public views of the sea; - (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; - (g) does not affect adversely the amenity of local residents or the character of the locality; - (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; - (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; - (j) can be provided with all necessary services; - (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; - (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; - (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and - (n) is designed having due regard to best practice in reducing energy consumption." "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." Paragraph 6 of Planning Circular 1/98 states (Buildings in an Urban Setting): "In an individual building, or groups of buildings, whose principle elevations are readily visible from a public thoroughfare if the original windows are in place, it may be possible to repair and renovate them. This can take place without permission and will be encouraged by the Department. If repair is impracticable, or existing windows are not the originals, the preference will be for replacement windows in the said principal elevations to have the same method of opening as the originals. Whatever the material used in their construction, the windows MUST HAVE the same or similar pattern and section of glazing bars and the same or similar frame sections as the originals windows..." PLANNING HISTORY The previous planning applications are considered relevant in the assessment and determination of this application:- Construction of rear conservatory -93/01309/B – APPROVED Erection of conservatory on part of 1st floor patio -87/01027/B - REFUSED REPRESENTATIONS Castletown Commissioners:- "approved." The Planning Authority has received no privately written representations objecting to the proposal. ## ASSESSMENT As the site is within a Conservation Area Environment Policy 35 is relevant for consideration. This policy states that development will only be permitted which would preserve or enhance the character or appearance of the Area. Further to Environment Policy 35, Planning Circular 1/98 indicates that if the original windows are in place they should preferably be repaired. If the existing windows are not the originals, the preference will be for replacement of windows in the said principal elevations to have the same method of opening as the originals. The policy goes on to indicate that whatever the material used in their construction, the windows MUST HAVE the same or similar pattern and section of glazing bars and the same or similar frame sections as the originals windows. Visiting the site and area and discussing the proposal with the Conservation Area, it is considered the existing windows are not the original windows, as the originals were likely to be sliding sash in design. The existing windows are considered not preserve or enhance the existing street scene or the Conservation Area. Therefore the question is whether this proposal would protect or enhance the appearance of the conservation area. After visiting the area, studying the plans and discussing the application with the Conservation Officer, it is considered the proposal would not preserve or enhance the Conservation Area. This is due to the proposed uPVC top hung casement windows which also include side hung windows within the first floor windows. The proposed new windows would not have the original method of opening, and therefore it is considered the proposed windows are not in keeping with the property or the street scene and consequently detrimental to the visual appearance of the Conservation Area as a whole. ### Recommendation In conclusion, it is recommended that the planning application be refused on the planning policy grounds that the proposed development would be unacceptable to the Isle of Man Strategic Plan (June 2007) and Planning Circular 1/98. ### Party Status It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: #### Castletown Commissioners The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. ### Recommendation Recommended Decision: Refused Date of Recommendation: 18.10.2011 ### 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 R 1. The proposed windows would not replicate the method of opening of the original windows contrary to Planning Circular 1/98 and Environment Policy 35 of the Isle of Man Strategic Plan and as such would fail to preserve or enhance the character and appearance of the Conservation Area. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager. Decision Made : Refused Date : 2010/11 Signed : Michael Gallagher Director of Planning and Building Control OR Signed : Jennifer Chance Development Control Manager --- *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/1596-malew-3-douglas-street-windows-replacement/documents/1255344*