30 October 2014 · Delegated - Senior Planning Officer (decision notice issued by Director of Planning and Building Control)
Sea Breeze Cottage, Breeze Hill, Laxey, Isle Of Man, IM4 7dl
The proposal involves replacing two top-hung casement windows, two non-opening lights, and a half-glazed timber door on the kitchen elevation of Cranford, a dwelling on Breeze Hill in Laxey, with matching white uPVC units.
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The officer judged the proposed works would have a neutral effect on the Laxey Conservation Area, making an objection unsustainable.
Environment Policy 35
Requires development in Conservation Areas to preserve or enhance character and protect special features. The officer assessed the uPVC replacements as having neutral effect due to like-for-like design and site's limited visibility, thus preserving character without harm.
General Policy 2
Permits development respecting site/surroundings in siting, scale, form, design; not adversely affecting townscape character or locality amenity. Proposal complies as it matches existing features without impacting character or residents, in residential zoning.
Time limit
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
recommend the application be approved
Laxey Village Commissioners recommend approval of the application for replacement windows and door at Cranford, Breeze Hill, Laxey.
Laxey Village Commissioners
Supportthe Board recommends approval of the application
The original application for installing replacement top-hung casement uPVC windows in place of existing sliding sash windows was refused due to conflict with Planning Circular 1/98, General Policy 2, and Environment Policy 35 of the Isle of Man Strategic Plan (2007), as the new opening style did not match the existing. The appellant argued that the existing windows caused damp issues due to exposure to prevailing winds, replacement windows would match most neighbouring properties, and the Council's approach was inconsistent. The Council defended the refusal on preserving traditional sash window detailing in the prominent conservation area location. The inspector found the proposal preserved the conservation area's character, given the prevalence of similar casement windows locally, the practical need to address water ingress, and the Council's inconsistent enforcement. The appeal was allowed with conditions.
Precedent Value
This appeal shows inspectors may override strict window style policies in conservation areas where originals unknown, functionality critical, and non-traditional styles already dominate locally. Applicants should document practical issues and gather neighbour photos to demonstrate context.
Inspector: Ruth V MacKenzie
