8 September 2011 · Development Control Manager (Jennifer Chance)
12, Derby Square, Douglas, Isle Of Man, IM1 3ls
The site at 12 Derby Square is a multi-storey former boarding house in a residential terrace within the Windsor Road Conservation Area. The proposal sought to convert it to a single family dwelling with rear extensions replacing outriggers, infill development creating terraces (including a ground floor terrace with rai…
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The officer assessed land use as acceptable in the residential zone but focused on visual amenity and neighbour impacts. Front roof alterations and windows were found neutral/enhancing to the Conserva…
General Policy 2
Requires development to respect site/surroundings in scale, form, design and avoid adverse impacts on character/townscape and amenity of residents. Officer found front/rear extensions mostly compliant but terrace/wall failed due to neighbour harm (overlooking/overshadowing).
Environment Policy 35
Permits only development preserving/enhancing Conservation Area character, protecting special features. Front roof/windows enhance by matching No.11/matching ridge of No.13/removing dominant dormer; rear sympathetic to outriggers but roof terrace at odds with pitched/flat dormers on others.
Environmental Policy 39
Presumption to retain positive contributors to Conservation Area character. Not directly tested but implied in retention of main building.
No objection
Do not oppose
Great improvement over previous application (10/01719/B), no further objection; concerns only on pillar/railings detailing which could be resolved
Retains original footprint, aligns with architectural style, same height as existing, no obstruction to terraces/views, adds value
The original application (11/00991/B) for alterations, extensions, and conversion of a former boarding house to a single dwelling was refused, though specific refusal reasons are not detailed in the documents. The appellants argued the scheme complied with policies, minimised neighbour impacts via design and conditions, and was supported by precedents. The inspector found front alterations beneficial but roof-level changes alien to the terrace's character, causing significant harm conflicting with GP2 and EP35, and unacceptable overlooking/loss of privacy from the roof terrace to Nos 11 and 13 Derby Square, contrary to GP2 amenity aims. No.13 supported the scheme; No.11 objected. The Minister accepted the inspector's recommendation on 21 May 2012 to dismiss the appeal.
Precedent Value
Roof-level terraces in CA terraces must harmonise with prevailing forms (conventional dormers over innovative glazing/open structures); 2D sightlines insufficient for privacy claims; inspector consistency across related appeals critical. Applicants should provide 3D visualisations and ensure neighbour support.
Inspector: Stephen Amos MA(Cantab) MCD MRTPI
