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Application No.: 25/90068/B Applicant: Mr Ian Shipley Proposal: Installation of replacement windows Site Address: The Old Chapel 32 - 34 Malew Street Castletown Isle Of Man IM9 1AF Technical Officer: Tom Sinden Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 11.03.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
This application has been recommended for approval for the following reason.
The proposals are judged to meet the tests of Section 18 of the Town and Country Planning Act 1999, and the tests of Strategic Policy 4 and Environment Policy 35 of the Strategic Plan 2016, as the replacement windows would have the same pattern and section of glazing bars and opening method as the existing. Although the proposed replacement windows would be non-traditional and therefore contrary to environment policy 34, the windows comply with the guidance within Planning Circular 1/98, and therefore the character and appearance of the Conservation Area are judged to be preserved. The application is therefore considered to be acceptable.
Plans/Drawings/Information; This decision relates to the existing and proposed elevation drawing 01, together with the other supporting information received 11.2.2025.
_________________________________________________________________ Right to Appeal
Right to Appeal: It is recommended that the following organisations should NOT be given the Right to Appeal: D.O.I. Highways - No objection
1.0 THE SITE - 1.1 The site is The Old Chapel, 32-34 Malew Street, Castletown. A three storey former place of worship with a fourth storey accommodated within the roof space, the building is now used as office space. The site also sits within the Castletown Conservation Area.
2.0 THE PROPOSAL - 2.1 This application seeks approval to replace the existing north and south elevation timber casement windows with UPVC windows of the same pattern and opening method.
3.0 PLANNING POLICY. - 3.1 The site lies within an area designated on the Area Plan for the South 2013 as mixed use, and within the Castletown Conservation Area. The site is not in an area at risk of flooding. - 3.2 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016
General Policy 2 Strategic Policy 4
3.3 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man
POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.
3.4 Planning Circular 1/98 provides advice on the replacement of windows and suggests in Conservation Areas the method of opening is more important than the frame material but the original method of opening should be replicated where the originals are in place.
4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 TOWN AND COUNTRY PLANNING ACT 1999 S18 Designation of conservation areas
5.0 PLANNING HISTORY - 5.1 There are 7 previous applications on the property, including for its conversion from a place of worship to offices. However, given the very focused nature of this application, none are judged to be of relevance in this instance.
6.0 REPRESENTATIONS - 6.1 The Department of Infrastructure Highways Division - No highways interest (17.2.2025). - 6.2 Castletown Commissioners were consulted on 11.2.2025. At the time of writing this report (11.3.2025) no representation has been received, and it is therefore assumed that the Commissioners have no comments to make.
7.1 Section 18 of the Act requires the Department to pay special attention to the desirability of preserving or enhancing the character or appearance of any conservation area in the exercise of any powers under the Act. - 7.2 In this instance, the application proposes to replace the existing side elevation timber windows (the north and south elevations) with UPVC windows in the same pattern of glazing and with the same (casement) opening method. Although modern materials are proposed, the replacement windows policy within circular 1/98 allows for replacement units in non-traditional materials, and therefore in this instance it is judged that the character and appearance of the conservation area would be preserved. Policy Tests - 7.3 As discussed in section 7.2, although the materials of the proposed windows would be different to the existing, planning circular 1/98 permits the material of the windows to change as long as style, pattern of glazing bars and opening method are maintained. Although the application proposes a non-traditional material for the window frames, as the replacement windows policy allows this, in this instance the proposals are judged to preserve the character and appearance of the conservation area.
8.0 CONCLUSION - 8.1 The proposals are judged to meet the tests of Section 18 of the Town and Country Planning Act 1999, and the tests of Strategic Policy 4 and Environment Policy 35 of the Strategic Plan 2016, as the replacement windows would have the same pattern and section of glazing bars and opening method as the existing. Although the proposed replacement windows would be non-traditional and therefore contrary to environment policy 34, the windows comply with the guidance within Planning Circular 1/98, and therefore the character and appearance of the conservation area are judged to be preserved. The application is therefore recommended for approval.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted). - 9.2 Article A10 sets out that the right to appeal is available to:
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made : Permitted Date: 11.03.2025 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner
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