**Document:** Planning Officer Report
**Application:** 11/01555/B — Installation of replacement windows to front elevation
**Decision:** Permitted
**Decision Date:** 2011-12-22
**Parish:** Malew
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/1803-malew-3-douglas-street-windows-replacement/documents/1257513

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# Planning Officer Report

### Officer's Report

[Table omitted in markdown export]

#### The Application Site

1. The application site is the residential curtilage of a two storey terraced dwelling in Castletowns conservation area on Douglas Street, Castletown. The site is southeast of Lorne House and east of the Harbour.

2. 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. The dwelling has its own private garden and there is on-street parking adjacent to the property.

#### The Proposal

3. The proposal comprises the installation of replacement of windows to front elevation, from timber top hung casement to UPVC sash windows.

#### Planning History

4. The application site has been the subject of two previous planning applications which are considered specifically material to the assessment of this current planning application:

PA 93/01309/B: Construction of rear conservatory. This proposal was permitted.

PA 11/01270/B: Installation of replacement windows to front elevation. This proposal was refused on the grounds that the windows would not replicate the method of opening of the original windows.

#### Planning Policy

5. In terms of local plan policy, the application site is within an area designated as being predominantly residential under the Castletown Local Plan Order 1990 within the Conservation Area. There is one policy within the written statement that accompanies the local plan, considered specifically material to the assessment of this current planning application:

Policy 9.3 states:
"Particular attention will be paid to the design of replacement windows, doors and roofing materials which might detract from the area."

6. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application.

### General Policy 2 states:

"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."

### Environmental 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."

7. In terms of Planning Circular 1/98: The Alteration and Replacement of Windows set down the policies in respect of the alteration or replacement of windows. (Part 6 Category b) Buildings in Conservation Areas states:

"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"

### Representations

8. Castletown Town Commissioners have no objections to the proposal.

### Assessment

9. The planning application seeks to replace the three timber top hung casement windows with white UPVC sliding sash windows at the front of the elevation. The existing windows on the dwelling are wood framed and single glazed. There are two windows on the first floor and one window to the right of the front floor on the ground floor of the dwelling.

10. The main issue to consider in the planning of the assessment of this planning application is the impact of the proposal on the conservation area. With regards to this Environmental Policy 35 is relevant for consideration along with Policies 9.3 of the Castletown Local Plan and Planning Circular 1/98. In terms of the impact, it needs to be assessed whether the proposal would protect or enhance the appearance of the conservation area. In this instance, looking direct at the property, the adjoining two properties to the left both have sliding sash windows with the five adjoining properties to the right all have top hung windows designed to look like sash windows except for 7 Douglas Street which has top hung casement windows and Marine Cottage which has dormer windows on the first floor and a sliding sash and top hung to the ground floor of the elevation. All properties have the white UPVC windows, This Ny Bøndyr however have brown UPVC and 7 Douglas Street have white wooden frames. So therefore the proposed development enhances the dwelling and public and private amenity and is keeping in with the character of the area and would be seen not to detract from the area.

11. As regards to the proposal being in accordance with Planning Circular 1/98 the proposed windows would have the same style and method of opening as the original windows that would have been on the dwelling. Given this, the style of the sliding sash is considered to be appropriate form of window for the dwelling. In this instance, the proposal is in accordance with Policies 9.3 of the Castletown Local Plan, General Policy 2 and Environmental Policy 35 of the Isle of Man Strategic Plan 2007 and Planning Circular 1/98 (part 6 category b).

12. The proposal is not considered to affect any other obvious material planning consideration.

RECOMMENDATION

13. It is recommended that the planning application be permitted.

## PARTY STATUS

14. It is considered that the following parties that made representations to the planning application should be afforded interested party status:

Castletown Town Commissioners

Recommendation

Recommended Decision: Permitted

Date of Recommendation:

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 development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2.

This approval relates to drawing Location Plan, Existing Front Elevation, Existing Window NO.1, NO.2 and NO.3 and Proposed Installation Window Diagrams date stamped 4/11/11

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

Decision Made : Permitted Date : 20 December 2011

### Determining officer (delete as appropriate)

Signed : ...
Anthony Holmes
Senior Planning Officer

Signed : ...
Michael Gallagher
Director of Planning and Building Control

Signed : ...
Sarah Corlett
Senior Planning Officer

Signed : ...
Jennifer Chance
Development Control Manager

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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/1803-malew-3-douglas-street-windows-replacement/documents/1257513*
