**Document:** Officer Report Recommendation **Application:** 12/00265/B — Installation of replacement windows and front door **Decision:** Permitted **Decision Date:** 2012-04-24 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/2402-malew-37-street-windows-replacement/documents/1266873 --- # Officer Report Recommendation Case Officer: Mr Chris Balmer Photo Taken: Site Visit: 27.02.2012 Expected Decision Level: Officer Delegation ## Officer's Report 1.0 SITE 1.1 The site represents the curtilage of 37 Malew Street, Castletown, which is part of a row of three storey terraced properties which is located on the western side of Malew Street within the heart of Castletown. 1.2 The property has a mixture of timber sliding sash windows within the front elevation (ground & first floor) with small side hung casement windows at second floor level. 1.3 Malew Street comprises a number of two and three storey terraced properties, which have a mixture of top hung uPVC casement windows and timber/uPVC sliding sash windows. 2.0 PROPOSAL 2.1 The application seeks approval for the installation of replacement windows and front door. There are a total of nine windows proposed to be replaced to the front (8) and rear (1) elevations and a single door to the front elevation. 2.2 The proposal would involve the removal all the windows within the front elevation to uPVC sliding sash windows at ground floor and first floor, whilst the smaller casement windows within the second floor are to be replaced 'like for like' but in uPVC. The front door again would replace the existing with the same design and type, but in uPVC. 2.3 The rear window to be replaced is a ground floor bow window (nine individual glazed panels) which again is to be replaced 'like for like' but in uPVC. 3.0 LAND USE ZOING / PLANNING POLICIES 3.1 The application site is within an area recognised as being an area of 'Predominately residential use", under the Castletown Local Plan Order 1990 and the Modified Draft Area Plan for the South. The site is within a Conservation Area. 3.2 Due to the zoning of the site the following policies are relevant for consideration:- "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; [Table omitted in markdown export] - (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: "If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be 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". ### 4.0 Planning History 4.1 There following previous planning application is considered relevant in the assessment and determination of this application: Installation of wooden replacement windows, two velux windows and two stable doors, along with inserting steps up to floor level to outhouse - 05/00794/B - APPROVED ### 5.0 Representations 5.1 Castletown Commissioners have approved the application. 5.2 The Planning Authority has received no privately written representations objecting to the proposal. ### 6.0 Assessment 6.1 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. 6.2 Further to Environment Policy 35, Planning Circular 1/98 indicates that if the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be 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. 6.3 The proposal would remove the existing timber sliding sash windows which currently do add to the character of the property, street scene and the Conservation Area as a whole. 6.4 As indicated previously there are a number of differing methods of openings and materials used along Malew Street and therefore not all the properties within Malew Street have retained all of their original characters. As such, the evidence of modern alterations is clearly visible and the windows to be installed in the property are not so out of keeping with the view into the Conservation Area. 6.5 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 Conversation Officer, it is considered the proposal would preserve the Conservation Area. This is due to the proposed uPVC sliding sash windows, are of a similar style and accord with planning policy. ### 7.0 Recommendation 7.1 In conclusion, it is recommended that the planning application be approved on the planning policy grounds that the proposed development would be acceptable to the Isle of Man Strategic Plan (June 2007) and Planning Circular 1/98. ### 8.0 Party Status 8.1 It is considered that the following meet the criteria of Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d) and should be afforded interested party status: Castletown Commissioners 8.2 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. [Table omitted in markdown export] ### 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 installation of replacement windows and front door as proposed in the submitted documents and drawings 01 and 02 A received on 22nd February 2012 and 19th April 2012. 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 : 24/4/12 ### Determining officer (delete as appropriate) Signed : A. Jones 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 --- *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/2402-malew-37-street-windows-replacement/documents/1266873*