Officer Report Recommendation

Representations 12. Castletown Town Commissioners - recommend approval. 13. The Conservation Officer objects to the application: 'With respect to the unauthorised replacement window to 36 Malew Street Castletown, Building Conservation, whilst acknowledging that the former window/glazed gable was not original to the property, [I] 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. As such, Building Conservation would not recommend this window for approval.' 14. Castletown Securities Ltd (owner of the adjacent Malew Street Methodist Chapel) objects to the application: - The existing windows that have been replaced comprised a glazed screen enclosing a temporary shed and not part of the original house. - Planning permission was never granted, nor was a Lawful Development Certificate. As such, a planning application is required not for the alteration of the existing windows, but rather for the construction of a new wall and window on the boundary between the two properties. - We object to the new wall and window. They have been built on the party wall and on our side of the boundary. The window overlooks our property, resulting in a loss of privacy and prejudicing the future development of the site. It is also outside the Building Regulations. - The window is out of keeping with the character of the buildings in the Conservation Area, due to its composition, proportioning and construction, and adversely impacts on the visual character of the streetscape. - Furthermore, the site notice has yet to be displayed. ### Assessment The effect of the works upon the character and appearance of the area 15. The main issue is the effect of the proposed works upon the character and appearance of the Conservation Area. The 'existing' window comprised a glazed timber framed area infilling the whole of a triangular section of the rear side extension. This was probably not an original part of the building but a later addition and part of the organic evolution of the property. 16. This glazed area has been replaced by a large four pane casement window with narrow casement on the return. The remaining area of the triangular section has been replaced with a rendered wall. It is considered that the new window is very unsympathetic and out of keeping with the original house, and in turn its surroundings. Proportionally the window appears overly large and crude. In comparison, the windows on the front of the house are narrow casements. The materials are uPVC and the glazing bars quite wide and clumsy. The materials are unsympathetic to the character of the main property. The blocking up of part of the triangular area with solid wall is not considered in itself to be harmful, but the new window design is. 17. The window and side elevation is situated next to the Methodist chapel and is prominent from the street and public views. It is considered that the proposal, by reason of its unsympathetic design and materials, fails to either preserve or enhance the character and appearance of the Conservation Area. There is no overriding justification for the works and as such planning permission should be refused. Other issues raised during the consultation process 18. The objector suggests that the original glazed screen structure that the new window replaces was not part of the original house and was built without permission. However, the drawings and photograph of the building submitted with the 2003 application (03/01608/B) clearly show this structure in place. The earlier structure has been in place for more than four years and therefore there is no doubt that it is lawful. 19. The new window replaces an earlier larger windows and it is considered that there are no additional issues of loss of privacy to the next door neighbour. The status quo is maintained and the proposal would not have any additional effect on the development potential of the next door property. In any event, the prime consideration is the effect of the proposal upon existing adjacent uses and not speculative ones. 20. The potential breach of Building Regulations is not a material planning consideration. 21. The site notice was in place at the time of the planning officer's site visit. RECOMMENDATION 22. It is recommended that the planning application is refused. PARTY STATUS 23. It is considered that the following parties that made representations to the planning application should be afforded interested party status: - Malew Street Methodist Chapel as the adjacent landowner. 24. The Local Authority, Castletown Town Commissioners, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status. ## Recommended Decision: Refused The proposed replacement window, by reason of its inappropriate design, excessive size and proportions, glazing bar design and uPVC materials, is unsympathetic to, and out of keeping with, the character and appearance of the main house and its surroundings. The window is located in a prominent location and is readily visible from the street and public views. The proposal has a harmful impact upon the character and appearance of the Conservation Area and fails to accord with Environmental Policy 35 of the Isle of Man Strategic Plan 2007 and Policy CA/2 of Planning Policy Statement 1/01. It is considered that there are no material considerations that warrant the granting of planning permission contrary to these policies.