Loading document...
Application No.: 15/01057/B Applicant: Martin Gruffydd Evans & Olivia Alice Evans Proposal: Installation of replacement windows to front elevation Site Address: 38 Malew Street Castletown Isle Of Man IM9 1AF Case Officer : Mr Edmond Riley Photo Taken: 07.10.2015 Site Visit: 07.10.2015 Expected Decision Level: Officer Delegation
1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of 38 Malew Street, which is a two-and-a-half storey, mid-terraced dwelling in Castletown's Conservation Area. The dwelling has an unusual dormer feature set within its eaves that is formed of five two-over-two window units with horizontal glazing bars, the second and fourth of which are side-hung casement units; the other three appear to be non-opening. Below this, the dwelling has a timber door centrally located and five sliding sash units surround this. All these match the form of the dormer feature above: all are formed of timber and have externally fitted glazing bars. - 1.2 The site is opposite a parking courtyard that appears to be associated with the building on the opposite, western side of the highway.
2.0 THE PROPOSAL - 2.1 As originally submitted, the application proposed to replace the existing sliding sash units with white uPVC sliding sash units at the ground and first floor, with the dormer feature being replaced with two side-hung casement units with a panel of some form between these. None of the units would have had horizontal glazing bars, with the agent to the application indicating on the application form that his clients "do not wish to install Georgian glazing bars as neighbouring properties do not have them". - 2.2 The agents were contacted, indicating that while sliding sash as an opening mechanism would be welcomed, the use of uPVC, no glazing bars and the unspecified 'panel' within the prominent dormer feature could not be concluded to preserve or enhance the special character or appearance of the Conservation Area. It was indicated that horizontal glazing bars would be needed, as would the removal of the 'panel' in the dormer feature, while highly desirable would be a timber material / finish, external glazing bars, and sash horns. - 2.3 Amended drawings were duly provided and these showed a like-for-like replacement in all matters except for the material, which would be uPVC. The Georgian bars would be 'face-applied'. These details were circulated for information only in view of the lack of comment made with respect to the application at the point of their receipt.
3.0 PLANNING HISTORY - 3.1 Interestingly, the application site has twice been the subject of approved applications for replacement windows - PAs 90/01241/B and 99/00901/B. The latter application was not especially
4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site is within an area zoned as Predominantly Residential under the Area Plan for the South 2013. As previously mentioned, the site also lies within Castletown's Conservation Area. - 4.2 In terms of strategic plan policy, the Strategic Plan contains two policies that are considered materially relevant to the assessment of this current planning application. - 4.3 General Policy 2 states in part: "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:
4.4 Environmental Policy 35 states: "Within Conservation Areas, the department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." - 4.5 In addition, Planning Circular 1/98: The Alteration and Replacement of Windows sets down the policies in respect of the alteration or replacement of windows in Conservation Areas. 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.
"Windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material used in the construction."
5.0 REPRESENTATIONS - 5.1 Castletown Commissioners offered no objection on 06.10.2015. No further correspondence was received following circulation of the amended drawings.
6.0 ASSESSMENT - 6.1 The fundamental issue to consider in the assessment of the application is the impact the installation of the replacement windows would have upon the character and appearance of 38 Malew Street and the Conservation Area in which it sits.
6.2 Conservation seeks the protection of something from damage, deterioration or even development by an act of preservation. The results of conservation are greatly enhanced where original materials and features can be re-used or saved, for example the implementation of doors and traditionally styled windows. In this, the loss of timber windows is most unfortunate. - 6.3 It can be argued that windows are the most important element in a facade. They help define the style, age and sometimes even the original purpose of a building. The original windows should be replicated faithfully in opening method and glazing bar pattern. While it is manifest that the existing windows in 38 Malew Street are - relatively - recent additions to the property, they are very likely representative of the original windows that would have been installed here. The chances are the units would have had decorative horns although this is not always the case. - 6.4 Environment Policy 35 requires that development will only be approved within a Conservation Area if the development would preserve or enhance the character or appearance of the area. More specifically, Planning Circular 1/98 states that replacement windows must have the same method of opening and glazing bars as the originals. - 6.5 Malew Street displays a mix of window types from the traditional sliding sash to uPVC framed casements. The majority of windows, however, are sliding sash units. Some modern buildings in the area have 50/50 split uPVC casements, while face-applied glazing bars are also notable by their presence. - 6.6 The above notwithstanding, it is now generally accepted that the use of uPVC materials in Conservation Areas is acceptable in principle. However, it is also a Planning principle that each application should be determined having regard to its particular circumstances. On this basis, the existing dwelling is prominent, unusual, attractively proportioned and benefits from traditional window detailing in form, material and opening method (with the possible exception of the absence of decorative horns). This application therefore needs to be treated with care since the existing windows offer more or less exactly what Circular 1/98 is hoping to achieve, and in this any alteration to this could be said to fail to preserve or enhance the character or appearance of the area, contrary to EP35. - 6.7 The loss of the timber material is unfortunate, and even more so given that a visual (external) inspection seemed to indicate that they were not of especially poor repair. It is to be noted that they were not installed a very long time ago and more regular maintenance could have kept them in better condition. It may be that internally the condition is much worse, however. - 6.8 The use of uPVC in Conservation Areas is generally considered acceptable in principle. This case is not considered to be an exception. The existing windows offer an important feature of the dwelling and although some of the importance is related to their timber finish it is concluded that the key element of their success is in the opening style and glazing bars in all the units but especially in the quasi-dormer feature. The fact that these would be replicated like-for-like is judged to be sufficient to conclude that the proposal would, on balance, preserve the character and appearance of the application site and Conservation Area in which it sits, in conformity with EP35.
7.0 RECOMMENDATION - 7.1 On balance, it is considered that the proposal represents a slight departure from Circular 1/98 but still retains sufficient traditional elements to be considered to comply with Environment Policy 35 of the Strategic Plan. The application is therefore recommended for approval.
8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
Recommendation Recommended Decision: Permitted Date of Recommendation: 26.10.2015 Conditions and Notes for Approval: 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
The approval hereby issued relates to the drawings and window details and photograph datestamped as having been received 12th October 2015, as well as the Site Plan date-stamped as having been received 18th September 2015.
I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 28.10.2015 Determining officer
Signed : M GALLAGHER Michael Gallagher Director of Planning and Building Control
Copyright in submitted documents remains with their authors. Request removal
View as Markdown