Officer Report

Application No.: 25/90467/B Applicant: Kevin Paul Roper Proposal: Replacement of ground floor window to front elevation (retrospective) Site Address: 25 Hope Street Castletown Isle Of Man IM9 1AP Principal Planning Officer: Belinda Fettis Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 30.06.2025 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

This application has been recommended for approval for the following reason.

The new window preserves the character of the dwellinghouse and so preserves the character of the Conservation Area and so meets the test of 218(4) of the Town and Country Planning Act (1999), and Planning Policy Statement 1/01, and General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This decision relates to the following detail, plans and drawings received on the 6th of May 2025 unless otherwise stated;

Location Plan Site Plan Photograph

_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Castletown Commissioners - no objection

_________________________________________________________________ Officer’s Report

- 1. THE SITE

• 1.1. The site is within the curtilage of a terraced 3 storey dwellinghouse in Castletown, no.25 on the west side of Hope Street.
• 1.2 The façade the same as the adjoining terrace to the south but different to the taller dwellinghouse to the north. However the fenestration is similar in all three in so much as the windows are angular with multiple panes of glass. The fenestration in the adjoining dwelling to the south is the same as the application site in the upper floors however the ground floor window has 12 panes of glass compared to the 9 in the application site.

- 2. THE PROPOSAL

• 2.1. Retrospective planning approval is sought for the installation of a ground floor window to front elevation.
• 2.2. In support of the retrospective application the applicant has provided a written account of why and when the timber window was replaced together with photographs before and after the work took place.
• 2.3 The replacement window is a 50/50 ratio sash uPVC black frame with 12 panes of glass.

• 3. PLANNING POLICY Site Specific

• 3.1. The application site is in area designated as 'Predominantly Residential' on the Area Plan for the South. The site is also within the Castletown Conservation Area.

• 3.1.2 The site is within an area at risk from tidal flooding. Strategic Plan
• 3.2. In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application:

• 3.2.1. 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:

• (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;

• 3.2.3. Environment Policy 34 and 35 relate to conservation and state that alterations and extensions are acceptable subject to any adverse impacts.
• 4. OTHER MATERIAL CONSIDERATIONS

• 4.1. It is also important to consider guidance and policy regarding development in Conservation Areas:

• 4.2. Planning Policy Statement 1/01 (Conservation of the Historic Environment of the Isle of Man) - Policy CA/2, (Conservation Areas); "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."
• 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"
• 4.4. 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."
• 4.5. Legislation
• 4.6. Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act".
• 4.7. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 7.
• 4.8. The Residential Design Guide provides guidance on all aspects of design including architectural guidance to ensure retention of the existing character of a building that includes attention to detail of scale, position, symmetry, glazing and texture.

- 5. PLANNING HISTORY

• o 03/01101/B - Installation of wooden sliding sash windows to replace existing (4 front 2 rear). Permitted.
• o 98/00424/B - Installation of uPVC windows and door to replace existing and rerendering of front elevation. Permitted.

- 6. REPRESENTATIONS

• 6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only.
• 6.2 Local authority o Castletown Commissioners - No objection (23.05.2025)
• 6.3 Statutory Bodies The following were consulted on 06.05.2025 but as of the date this report was compiled no comments were received therefore it is therefore been assumed that there are no objections to the application.

• o Highways
• o Manx National Heritage
• o Registered Buildings
• o Manx Utilities (drainage)
• o DOI flood management

- 7. ASSESSMENT

• 7.1. The assessment is whether the replacement window causes harm to the Conservation Area and so fails the test of s18(4) of the Town and Country Planning Act (1999), and whether the proposal is acceptable in respect of the Strategic Plan.
• 7.2. Impact upon the Conservation Area

• 7.2.1. Replacement windows in uPVC have previously been approved at the site and is widely accepted. The new window comprises 12 glass panels through the vertical and horizontal bars whereas the previous window did not replicate the original window of because it had only 9. The new window better reflects the character of the window above at no.25 and so does preserve the character of the property. It is considered that the proposal meets the test of s18(4) of the Act.

7.3 Design

• 7.3.1. Having regard to the Strategic Plan, the design and material are considered to be in keeping with the character of the street and the property. No harmful impacts are observed.

- 8. CONCLUSION

• 8.1. The proposal meets the test of s18(4) of the Town and Country Planning Act (1999) and accords with the relevant policies of the Strategic Plan.
• 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:

• o applicant (in all cases);
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

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):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

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: 01.07.2025 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

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