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Application No.: 14/01272/CON Applicant: Mrs Rosemary Stewart Shipley Proposal: Registered Building Consent for the replacement of windows to rear elevation (RB no 28 in association with 14/01271/GB) Site Address: Derby House (Former Post Office) Castle Street Castletown Isle of Man IM9 1LA Case Officer : Miss Laura Davy Expected Decision Level: Officer Delegation
1.0 THE SITE - 1.1 The application site is the curtilage of Derby House (Former Post Office), Castle Street, Castletown which is a two storey building which adjoins the Police Station and is opposite Castle Rushen. The building is traditional in appearance; it is constructed of stone and has timber sliding sashes with Georgian glazing bars, the property also has two prominent chimney stacks. There is a yard area to the rear of the building this is not within the curtilage of the application site, beyond this there are other properties. While there are properties beyond the yard at the rear of the application site, the rear elevation of the property is still visible from the public thoroughfare.
2.0 THE PROPOSAL - 2.1 The application seeks approval for the installation of replacement windows in the rear elevation, the windows would be replaced with uPVC sliding sashes with Georgian glazing bars.
3.0 PLANNING HISTORY - 3.1 The previous applications are not considered to be specifically material in the assessment of the current application.
4.0 DEVELOPMENT PLAN POLICIES - 4.1 The application site is within an area zoned as "Mixed Use" and is also within the Castletown Conservation Area identified on The Area Plan for the South 2013. Given the nature of the application it is appropriate to consider Environment Policy 35 of The Isle of Man Strategic Plan (20th June 2007). Also appropriate in the assessment of the application is Policy RB/5 of Planning Policy Statement 1/01, and Planning Circular 1/98. - 4.2 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. - 4.3 Policy RB/5
In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.
Registered building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals.
Applications for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting. Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative affect upon the building's special interest as a result of several minor works which may individually seem of little consequence.
4.4 Planning Circular 1/98 Registered Buildings If the original windows are still in place they should preferably be repaired. If repair is impracticable, replacement windows must be the same as the originals in all respects, including the method of opening, materials and detailed design. This policy will be strictly applied other than where the particular circumstances are so exceptional as to justify a relaxation.
5.0 CONSULTATIONS - 5.1 No comments received.
6.0 ASSESSMENT - 6.1 The key considerations in the assessment of the application are the impacts upon the character and appearance of the Registered Building and the Conservation Area and the impact upon the street scene in general. - 6.2 The windows which are to be replaced are in the rear of the building. Four of the existing windows are fixed timber casements; the other four are timber sliding sashes. - 6.3 The replacement windows would have the same methods of opening and the same glazing bars and sections as the existing windows. The proposed material would be uPVC rather than hardwood timber. Planning Circular 1/98 requires that replacement windows have the original method of opening, materials and detailed design. While the replacement windows would have the same method of opening and glazing sections as the originals, the proposed material would not be the original material used in the construction of the windows. - 6.4 Planning Circular 1/98 indicates that this will be strictly applied other than where the particular circumstances are as exceptional as to justify a relaxation. There is no justification as part of the application which would support the relaxation of Planning Circular 1/98. - 6.5 Policy RB/5 indicates "…There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals…" as mentioned above, no additional or supporting information has been submitted, and a case has not been made for the relaxation of the policies in this instance.
6.6 It is considered that the removal of the timber windows and the installation of u PVC would have a harmful impact upon the character and appearance of the property itself and as a Registered Building. While the works would be to the rear of the building which is not its main façade, it is judged that the replacement of the windows with u PVC would water down the character of the property as it would remove an original material from the building which cumulatively give the character and appearance to the building and also to the Conservation Area in general. - 6.7 For the above reasons the application is considered to be unacceptable and is recommended for refusal.
7.0 PARTY STATUS - 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
Recommendation Recommended Decision: Refused Date of Recommendation: 30.01.2015 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval
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 : Refused Date : 11.02.2015 Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer Signed : Michael Gallagher. Michael Gallagher Director of Planning and Building Control Signed :…………………………………….. Jennifer Chance Head of Development Management
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