Officer Report

Application No.: 14/01073/B Applicant: Matthew Warren Proposal: Installation of replacement windows and door to front elevation and windows to second floor level on rear elevation Site Address: 8 The Crofts Castletown Isle Of Man IM9 1LW Case Officer : Miss Melissa McKnight Photo Taken: 07.10.2014 Site Visit: 07.10.2014 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of 8 The Crofts, a three storey mid terraced dwelling located on the south eastern side of The Crofts in Castletown. The application site lies within the Castletown Conservation Area. The application site forms part of a terrace of three dwellings of similar form, appearance and character.

2.0 THE PROPOSAL - 2.1 The planning application seeks the approval for the replacement of the existing front elevation windows with new timber framed windows with like-for-like windows that would replicate the existing windows in all aspects. Also proposed is the replacement of the existing fixed rear elevation windows with UPVC framed side opening windows. - 2.2 The final element of the proposal is the installation of a new light above the existing front door.

3.0 PLANNING HISTORY - 3.1 The application site has been the subject of three previous planning applications that are considered materially relevant to the assessment of this current planning given the level and nature of development proposed:

PA 12/00585/B proposed the replacement of the existing windows with uPVC which would be finished with a coating that would have a wood effect. The proposed windows replicated the opening method and glazing bar pattern as the existing. This previous planning application was refused, taken to appeal and refused. The application was refused on the grounds the proposal was contrary to Environment Policy 35 of the Isle of Man Strategic Plan 2007 in that the development, if approved, would harm the character and appearance of the property and the terrace of which it is part and so fail to preserve or enhance the character or appearance of the Castletown Conservation Area.

PA 07/01508/B: Replace existing rear ground and first floor patio and side windows with French doors and tilt and turn side windows. This previous planning application was permitted.

PA 98/00324/B: Installation of aluminium windows to replace existing. This previous planning application was refused.

4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site is designated as Predominantly Residential under the Area Plan for the South 2007. As previously mentioned, the application site is also 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 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 (23/09/2014).

6.0 ASSESSMENT - 6.1 The fundamental issue to consider in the assessment of the application is the impact of the installation of the replacement windows upon the character and appearance of The Crofts and Conservation Area. - 6.2 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 inward opening.
• 6.3 Windows are most often considered to be an 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.
• 6.4 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.
• 6.5 As the new proposed windows are to replicate the appearance, frame section and opening method of the existing windows, it is deemed that the proposed windows would preserve the appearance of the building and would not detract from the character and quality of the terrace or Castletown Conservation Area.
• 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. Planning Circular 1/98 does not request that material is replicated. However, the Planning Inspector under PA 12/00585/B noted that the intention to employ UPVC with a wood grain effect would not serve to integrate the windows with the characteristic appearance of the terrace and the UPVC framed windows would have a considerably bulkier appearance than the existing frames. Under this scheme the replacement windows on the front elevation would be like-for-like replacements and as such would comply with the provisions set out in Planning Circular 1/98.
• 6.7 With regards to the new rear windows, there is a mix of windows on the rear elevation of the terrace and what is proposed under this scheme would not be completely inappropriate within the locality. The first floor windows would almost have a similar appearance given the vertical central glazing bar. On assessment, what is proposed would afford a uniformed appearance of the rear elevation. Although the windows would be seen from the rear of the dwelling, what is proposed under this scheme would offer a tidy and uniformed window appearance to the side of the dwelling.
• 6.8 The installation of a new light above the door is considered a fairly modest form of development and is deemed to be unobjectionable.
• 6.9 The Conservation Officer, who has viewed the plans, is content with the proposal.

7.0 RECOMMENDATION - 7.1 For the reasons set out above, the proposal is considered to be acceptable and the planning application is concluded to accord with the provisions set out in General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2007 and Part 6, Category b of Planning Circular 1/98: The Alteration and Replacement of Windows and as such is recommended for approval.

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:

24.11.2014

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

• N : Notes attached to conditions R : Reasons for refusal
• O : 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 and Drawing Number 1415 - 03 date stamped as received on 11th September 2014 and Drawing Number 1415 - 02 date stamped as received on 19th November 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 : 24/11/14 Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed : Sarah Corlett Sarah Corlett Senior Planning Officer

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

Signed :…………………………………….. Jennifer Chance Head of Development Management