**Document:** DEC Officers Report **Application:** 14/01128/B — Installation of replacement first floor windows **Decision:** Permitted **Decision Date:** 2014-10-30 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/5296-malew-1-bank-street-windows-replacement/documents/913433 --- # DEC Officers Report Case Officer: Miss Melissa McKnight Photo Taken: Site Visit: Expected Decision Level: Officer Delegation ## Officer's Report ### 1.0 The Application Site 1.1 The application site is the residential curtilage of 1 Bank Street, a two storey end terraced dwelling located on the southern side of Bank Street in Castletown. The site is within the Castletown Conservation Area. To the south of the application site is Castle Rushen. 1.2 The immediate area is characterised by traditional terraced properties that have a mix of windows, majority of which are UPVC sliding sash. The application site has sliding sash windows throughout. ### 2.0 The Proposal 2.1 This current planning application seeks approval for the replacement of the existing first floor windows with new UPVC framed sliding sash windows. ### 3.0 Planning History 3.1 Planning approval was granted in 2012 under PA 12/00838/B for the installation of replacement windows in the ground floor; two of which were replaced with uPVC sliding sash windows and the main shop front bay window was replaced with a new uPVC window. In 2002 planning permission was granted for the installation of a new timber sliding sash window to rear elevation under PA 01/02343/B. The application site has been the subject of other planning applications which are not considered materially relevant to the assessment of this planning application. ### 4.0 Planning Policy 4.1 In terms of local plan policy, the application site is designated as Mixed Use under the Area Plan for the South 2013. As previously mentioned, the application site is within the Castletown Conservation Area. 4.2 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 [Table omitted in markdown export] 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 affect adversely the amenity of local residents or the character of the locality; - (e) 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." 4.3 In terms of Planning Circular 1/98: The Alteration and Replacement of Windows sets 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. Windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as the original method of opening, whatever the material used in the construction." ### 5.0 Representations 5.1 Castletown Town Commissioners have no objection to the current planning application (07/10/2014). ### 6.0 Assessment 6.1 Given the nature of the planning application it is imperative to consider the impacts of the proposed new windows on the character and quality of Castletown Conservation Area and the street scene of Bank Street and setting of Castle Rushen. 6.2 The historic and original buildings of Castletown are built of the same local limestone as the castle. The narrow streets of the town radiate from the Castle and the parade, to form a town of great character and charm. Despite the peripheral development in more recent times, the essential Castletown remains to be preserved. 6.3 Conservation ensures the protection of something from damage, deterioration or even development by an act of preservation. The results of conservation are greatly enhanced where original materials and features can be re-used or saved, for example the implementation of doors and traditionally styled windows; in this case replicating the original opening window method which is sliding sash. 6.4 It can be argued that windows are the most important element in a facade. They can confirm the style, age or even the purpose of a building. The original windows should be replicated faithfully in opening method and glazing bar pattern. Planning Circular 1/98 does not request that material is replicated. It is not uncommon knowledge that timber framed windows deteriorate badly most commonly through the bad weather. In addition, the use of UPVC is considered more sustainable as they tend to trap more heat. 6.5 Environment 35 sets out the policy in regards to development within a Conservation Area. The policy states that development would only be permitted within a Conservation Area if the development would preserve or enhance the character or appearance of the area and the area is protected against inappropriate development. It is judged that the replacement of the existing first floor windows with UPVC sliding sash windows would reinstate traditional sliding sash opening method and as such the proposal would preserve the character and quality of the Conservation Officer and appearance of the building. 6.6 Planning Circular 1/98 - The Alteration and Replacement of Windows sets out the policy in respect of the alteration or replacement of windows. Part 6 Category b of this planning circular specifically deals with buildings within Conservation Areas. This states that replacement windows must have the same method of opening as the originals and windows not readily visible from the public thoroughfare must have the same or similar glazing bars as the original method of opening, whatever the material used. As the proposed windows would reinstate sliding sash windows, this element of the proposal is deemed acceptable. 6.7 There are a number of properties within and around Bank Street and Castle Rushen that have UPVC windows installed. The proposed windows are not considered detrimental or harmful and the proposal is judged to be an appropriate form of development. 6.8 The Conservation Officer, who has viewed the plans, is content with the proposal. ## 7.0 RECOMMENDATION 7.1 Overall, it is concluded that the planning application is in accordance with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan and the provisions of Planning Circular 1/98: The Alteration and Replacement of Windows Part 6 Category b. 7.2 It is recommended that the planning application be permitted. ## 8.0 PARTY STATUS 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure) (No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant’s agent; the owner and occupier of the land the subject of the application, Highway Services, and the Local Authority in whose district the land the subject of the application sits. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 29.10.2014 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 development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. This approval relates to Location Plan, Window Detail and 6 x Photographs showing the application site date stamped as received on 26th September 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 : 29.10.14 Determining officer (delete as appropriate) Signed : ... Chris Balmer Senior Planning Officer Signed : ... Michael Gallagher Director of Planning and Building Control Signed : ... Sarah Corlett Senior Planning Officer Signed : ... Jennifer Chance Head of Development Management --- *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/5296-malew-1-bank-street-windows-replacement/documents/913433*