25 October 2023 · Delegated - Principal Planner (Jason Singleton)
Flat 1, 26, Derby Road, Douglas, Isle Of Man, IM2 3et
The site is a three-storey mid-terrace property in the Windsor Road Conservation Area, currently containing four self-contained apartments, with a two-storey rear outrigger accessed via a rear lane.
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The officer concluded that although intensified use would not unacceptably impact neighbours, parking, or highway safety, and changes would preserve the Conservation Area's character, the rear apartme…
Housing Policy 17
Requires conversions to flats in residential areas to provide adequate space for amenities/parking, pleasant clear outlook particularly from principal rooms, and ideally on-site parking. Officer assessed the rear apartment's principal room outlook over rear lane as 'unsightly' and 'limited', failing (b); front apartments complied, but overall proposal failed.
General Policy 2
Requires development to respect surroundings (b,c), provide satisfactory amenity standards including access/parking (h), and avoid adverse amenity impacts (g). Satisfied on character, neighbour amenity, highway safety; failed (h) due to rear apartment's poor outlook.
Strategic Policy 1
Encourages optimising redundant/under-used buildings. Proposal reused existing building for more housing, aligning with efficient use.
Strategic Policy 11
Makes provision for 5,100 additional dwellings including conversions to 2026. Additional unit weighed positively but outweighed by amenity failure.
Environment Policy 34
Prefers traditional materials for pre-1920 buildings in Conservation Areas. Replacement doors and heritage-style roof light deemed appropriate.
Environment Policy 35
Permits only development preserving/enhancing Conservation Area character. Minor rear changes not visible from main views, would support maintenance via rental income; complied.
Transport Policy 7
Requires parking per standards, relaxable near bus routes if no unacceptable on-street parking. Standards relaxed due to sustainable location, public transport, town centre proximity, and cycle storage replacing car space.
no significant negative impact upon highway safety, network functionality and /or parking, as the proposals are in a sustainable location and parking on-street is controlled by TRO. Advised to consider installing cycle parking.
no objection provided that the proposed development does not have any negative effect on bin and recycling storage. Noted consideration of outlook from primary windows, accepting it is not always possible in conversions but needs balance.
Highway Services HDC and Douglas Borough Council both raised no objections to application 23/00901/B, with advisory comments on cycle parking and bin storage/outlook considerations.
Key concern: negative effect on bin and recycling storage
Highway Services HDC
No ObjectionAfter reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking, as the proposals are in a sustainable location and parking on-street is controlled by TRO.; The Applicant is advised to consider installing cycle parking for residents in an enclosed and secure storage facility to aid Active Travel.; As Highways Services HDC did not oppose the application 23/00901/B, HDC are not proposing to write a statement for this appeal.
Douglas Borough Council
Conditional No ObjectionDouglas Borough Council has no objection to this application provided that the proposed development does not have any negative effect on bin and recycling storage within the curtilage of the property.; We would also kindly point out that the planning case officer may wish to give careful consideration to the “outlook” from the primary windows within the proposed development.
Conditions requested: provided that the proposed development does not have any negative effect on bin and recycling storage within the curtilage of the property
The original application to convert four existing apartments into five, with rooflights and replacement doors, was refused by a Principal Planner on 25 October 2023 primarily because the rear apartment lacked a pleasant clear outlook from principal rooms, outweighing housing benefits and conflicting with HP17 and GP2(h). The appellant argued the proposal complied with policies, citing rooflights for sky views, landscaping potential, compliance with updated Housing Standards Regulations 2017 over outdated 1982 references, fire safety upgrades, and public open spaces nearby. The Council defended the refusal, asserting Strategic Plan primacy, bleak views to blank walls and bins, and no meaningful greenery possible. The inspector, after site visit, found the rear apartment's outlook poor with enclosure from adjacent buildings, limited sunlight, and inadequate mitigation from rooflights or landscaping, causing unacceptable harm contrary to policies. The appeal was recommended dismissed, with housing benefits insufficient to outweigh harm.
Precedent Value
Demonstrates strict enforcement of HP17/GP2(h) outlook requirements in conversions even in sustainable urban locations; applicants must prove pleasant outlook from principal rooms via detailed views analysis, not just vertical sky or nearby amenities; policy trumps updated housing regs.
Inspector: Independent Inspector (name redacted)
