5 April 2013 · Minister for Infrastructure (appeal decision), via I T Thompson Chief Executive
36, Malew Street, Castletown, Isle Of Man, IM9 1af
The proposal involved replacing a large timber-framed glazed area on the side elevation of a rear extension at 36 Malew Street, an end-of-terrace 18th-century dwelling, with a smaller uPVC casement window and rendered infill wall; the works were retrospective.
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The officer refused as 'the new window is very unsympathetic and out of keeping with the original house... Proportionally the window appears overly large and crude...
Environment Policy 35
Requires development in Conservation Areas to preserve or enhance character/appearance and protect special features. Officer found proposal harmful due to unsympathetic design failing test; inspector found it preserved/enhanced as uPVC prevalent and improvement over prior glazing.
Planning Policy Statement 1/01 - Policy CA/2 (Conservation Areas)
Emphasises impact on special character of Conservation Area. Officer assessed window as harmful to character from prominent location; inspector noted location on side extension (not frontage), visibility limited, and design acceptable in context of existing uPVC character.
recommend approval
window in keeping with character, fit for purpose, improved over previous problematic window
no problem, quite like it, much improved and fits well with surrounding windows
no objection, looks better than before
Mixed responses to retrospective window alterations at 36 Malew Street, Castletown: objection from Modus Architects on behalf of neighbouring owner, objection from Building Conservation Officer due to Conservation Area impacts, support from Castletown Town Commissioners and local residents.
Key concern: inappropriate uPVC window harming Conservation Area character
Modus Architects (on behalf of Castletown Securities Ltd)
ObjectionWe object to the construction of the new wall and window, for which the applicant is seeking retrospective planning permission, on the grounds that they are built on the party wall and on our client's side of the boundary.; It also exceeds the maximum unprotected area permitted within 1m of a boundary, as specified in Document B of the Isle of Man Building Regulations.; The window is out of keeping with the character of the buildings in the Conservation Area
Building Conservation Officer (Trevor Wilson)
ObjectionBuilding Conservation, whilst acknowledging that the former window/glazed gable was not original to the property, consider the replacement uPVC casement window to be inappropriate and out of keeping with the designated Conservation Area.; Under Policy guidelines (Planning Circular 1/98 section 6 Category b) the replacement window does not preserve or enhance either the character of the property or that of the Conservation Area.; Building Conservation would not recommend this window for approval.
Castletown Town Commissioners
SupportAt a meeting of the Board dated 18/3/13, the following applications were considered and approved: ... 13/00224/B
Mark Solly
SupportI am writing to support your application for planning permission for the new window that you have constructed at the side of your house at 36 Malew Street, Castletown.; I am pleased to see that you now have a window that is not only in keeping with the character and appearance of the main house and its surroundings, but also that is fit for purpose.
Alan & Jo Robert
SupportWith regards to the new window on the side elevation of 36 Malew Street, we do not see any problem with this and actually quite like the work that has been done.; It is certainly much improved over what was their originally and now fits in well with other windows in the surrounding area.
H. Sinclair
SupportI don't see anything wrong with the new window. I think it looks a lot better than it did before it was done. So therefore I have no objections to the nice new look.
The original application for window alterations to a dwelling at 36 Malew Street, Castletown, was refused on 5 April 2013 due to the window's inappropriate design, size, proportions, glazing bars, and uPVC materials harming the character of the Conservation Area, contrary to Environment Policy 35 and CA/2. Appellants argued the window improved on the previous poor glazing, enhanced privacy and insulation, and aligned with prevalent uPVC windows locally. The Council defended the refusal citing unsympathetic design and opposition from the Conservation Officer. The Inspector found the replacement window improved upon the prior glazing, uPVC was characteristic locally, and it preserved or enhanced the Conservation Area's character. The Minister accepted the Inspector's recommendation on 9 August 2013, allowing the appeal with no conditions.
Precedent Value
Appeals can succeed in Conservation Areas by showing comparative improvement and material prevalence over strict policy adherence. Applicants should provide photos of 'before' states and survey local features to argue character compatibility.
Inspector: Alan Langton
