18 July 2014 · Delegated
Wits End, Dandy Hill, Port Erin, Isle Of Man, IM9 6hn
This application sought permission to install replacement windows on the front elevation of Wits End, a two-storey mid-terraced dwelling on Dandy Hill in Port Erin. The property is described as an attractive building with typical Tudor and Elizabethan detailing, situated within a terrace where all windows feature some form of glazing bar pattern. The application was refused on 18 July 2014 by the Head of Development Management under delegated authority. The officer recommended refusal, and the final decision matched that recommendation. The core reason for refusal was that the design and method of opening of the proposed windows would significantly alter the character and appearance of the property and the surrounding area, including the proposed Port Erin Conservation Area. The proposed windows were not considered to replicate the original opening method, making them incompatible with the established character of the street.
The application was refused because the design and method of opening of the proposed replacement windows would significantly alter the character and appearance of the property and the wider street scene on Dandy Hill. The proposed windows would not replicate the original method of opening, which was considered harmful to the character of this attractive dwelling with Tudor and Elizabethan detailing, and to the proposed Port Erin Conservation Area.
Refusal Reasons
Isle of Man Strategic Plan 2007
would be contrary to General Policy 2 g) of the Isle of Man Strategic Plan
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
Isle of Man Strategic Plan 2007
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.
The Alteration and Replacement of Windows
the proposal would be contrary to Planning Circular 1/98