Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 25/90864/B Applicant: Mr Barry James Proposal: Replacement of windows and repainting of shop front Site Address: 14 Malew Street Castletown Isle Of Man IM9 1AB Planning Officer: Vanessa Porter Photo Taken: 21.10.2025 Site Visit: 21.10.2025 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 27.10.2025 _________________________________________________________________

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

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

The proposed windows are acceptable by ultimately preserving the overall Conservation Area and Streetscene, as such the proposal complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 19th September 2025;

• o Covering Letter
• o Location Plan
• o Window quotation
• o Proposed shopfront repainting photos
• o Annotated photo of front, rear and side elevations
• o Floor Plan with windows annotated
• o Windows brochure

Right to Appeal n/a

_________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of No.14 Malew Street, Castletown, which is a three storey mid terrace property situated to the Eastern side of Malew Street. - 1.2 The site has both a shop to the ground floor and living accommodation comprising of kitchen, living room to first floor level and bedroom and separate bathroom to second floor. Both parts are accessed separately via a side door and hallway, with the shop also be accessible from the front elevation. THE PROPOSAL

2.1 The current planning application seeks approval for the replacement of the windows to front & rear and replacement doors to the rear. - 2.2 The proposal also includes the painting of the shopfront from green to black with gold accents. PLANNING HISTORY

3.1 There are no previous applications which are relevant to the assessment of this application. PLANNING POLICY - 4.1 The site lies within an area zoned as "Mixed Use" on the Area Plan for the East, Map 5 Castletown. The site isn't situated within a Flood Risk Zone but is situated within a Conservation Area.

4.2 Given the nature of the of the land designation and the property being within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area. - 4.3 Also relevant to the assessment of the application is General Policy 2 of the Isle of Man Strategic Plan 2016 which sets out "development control" considerations, the Residential Design Guidance 2021 and Planning Circular 1/98.

REPRESENTATIONS

5.1 The following consultations have been consulted on the 22nd September 2025 of which no consultation has been received at the time of writing this report;

• - Highway Services
• - Castletown Commissioners
• - Manx National Heritage
• - Manx Utilities Authority - Electricity
• - Registered Buildings Officer

ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are:

• - Section 18(4) test - Character
• - Section 18(4) test – Appearance

- 6.2 SECTION 18(4) TEST - CHARACTER

• 6.2.1 Due to the proposed works being in a Conservation Area it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area.
• 6.2.2 When looking at the proposal with regards to the character of the Conservation Area, the main impact would be from the painting of the shop from which is altering from green to black with gold accents. Overall the change in colour whilst noticeable, over time would not impact the character of the Conservation Area and will ultimately enhance how the character of the Conservation Area is seen within the streetscene.
• 6.3 SECTION 18(4) TEST - APPEARANCE

• 6.3.1 Turning towards the appearance of the proposal and whether the windows and doors would preserve or enhance the Conservation Area. In the first instance the proposal is keeping all the windows which are viewed from a public vantage point as sliding sash, with the ground floor windows to the rear elevation being casements. It should be noted that the proposed doors are also situated outside of a public vantage point.
• 6.3.2 Secondly Planning Circular 1/98 states that there is no preference in the material used in windows within a Conservation Area as such the proposed uPVC windows are recognised as an acceptable alternative to timber.
• 6.3.3 Overall the proposal will preserve the Conservation Area from an appearance point of view.

CONCLUSION

7.1 The proposed windows are deemed acceptable in terms of their form, mass and design which will ultimately enhance the overall Conservation Area and Streetscene, as such the proposal complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016. RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 8.1 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).

8.2 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.

8.3 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. - 8.4 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.

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: 28.10.2025 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.