4 January 2019 · Delegated
25, Church Street, Peel, Isle Of Man, IM5 1hn
This application sought permission to install replacement windows at a terraced property on Church Street, Peel, which sits within the Peel Conservation Area. The proposal involved removing the existing timber decorative sash windows and replacing them with uPVC windows. Officers identified the existing windows as an attractive and uncommon feature that makes a positive contribution to the conservation area, and concluded that their loss would fail to preserve or enhance the area's character and appearance. The application was refused by the Head of Development Management under delegated authority on 4 January 2019, in line with the officer's recommendation to refuse.
The application was refused because replacing the existing timber decorative sash windows with uPVC windows would cause the loss of an attractive and uncommon feature that makes a positive contribution to the Peel Conservation Area. The decision-maker concluded that the proposal would fail to preserve or enhance the character and appearance of the conservation area.
Refusal Reasons
Environment Policy 35
Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area
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. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.
Circular 1/98 'The Alteration and Replacement of Windows'
Policy 6. '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.'
Peel Local Plan 1989
Paragraph 9.3 states that particular attention will be paid to the design of replacement windows.
General Policy 2
Isle of Man Strategic Plan 2016
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. 6.3 Development outside of areas zoned for development
