15 January 2013 · Minister for Infrastructure
The Oil Sail Loft, Shore Road Underway, Port St. Mary, Isle Of Man, IM9 5dx
The proposal involved adding a glazed garden room (conservatory) above the existing garage at The Old Sail Loft (RB 203), a stone-faced Registered Building on Shore Road Underway, Port St Mary. The conservatory featured frameless pitched glass roof at the front, stone rear wall, outward-opening doors, and 1m depth, ext…
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The Planning Committee refused permission on 14 January 2013, adopting the officer's reasoning that 'the proposed extension will reduce the distinction between the Registered Building and the new dwel…
Environment Policy 32
Requires that extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted. Officer assessed the proposal would cause merging with adjacent dwelling, harming special nature; Inspector found lightweight design and set-back ensured no dilution of character, complying with policy.
Environment Policy 35
Within Conservation Areas (site in proposed), only development preserving or enhancing character permitted, protecting special features. Assessed for streetscene impact in sensitive location; officer concerned about townscape, but Inspector noted minimal visibility, accepting as compliant.
General Policy 2
Permits development respecting site/surroundings in siting/layout/scale/design, without adversely affecting townscape, amenity or locality character. Officer applied generally; Inspector confirmed compliance via no adverse character/amenity effects and satisfactory standards.
Time limit
The development hereby approved shall commence before the expiration of four years from the date of this notice.
Approved plans
This permission relates to alterations to enclose the existing roof terrace over the garage to form a first floor conservatory as shown on Drwg Nos 1208/01, 1208/02 and 1208/03, all received on 23 November 2012.
Do not oppose has no traffic management, parking or road safety implications
no objections
does not object and considers it a 'sensible development' providing that the west elevation is solid and the roof is built to the height shown in the plans
Neighbour Brendan O'Friel objects strongly to retrospective applications citing multiple breaches of prior permissions, boundary encroachments, and unresolved issues; Port St Mary Commissioners object on grounds of boundary encroachment and misleading description; Highways Division has no objection.
Key concern: encroachment onto public highway and land grabbing
Highways Division
No ObjectionDo not oppose has no traffic management, parking or road safety implications; DNO = Do not oppose
Port St Mary Commissioners
No ObjectionPort St Mary Commissioners have no objections to the following applications: PA15/00893/GB PA15/00894/CON
Port St Mary Commissioners
ObjectionMy Board have maintained steadfast objections to this development and continue to do so.; The current application should therefore be withdrawn and re-submitted accurately.
Port St Mary Commissioners
ObjectionPA15/00894/Con & PA15/00893/GB - Object - have deep concerns that this is not a conservatory but a kitchen.
Brendan O'Friel
Objectionthe developer acts in whatever way he chooses on the site regardless of the rule of law; planning authorities should delay taking any decisions on the current applications until these issues are resolved; If the developer had suggested the creation of a kitchen, not a conservatory, I would not have supported the proposal.
Conditions requested: delay decision until unresolved issues resolved including boundaries, multiple occupancy, insurance, materials, other breaches
The original applications for planning approval and Registered Building consent to enclose a roof terrace over a garage with a glazed conservatory at The Old Sail Loft were refused, primarily due to concerns over diminishing visual distinction between the Registered Building and an adjoining new dwelling, contrary to Environment Policy 32. The appellant argued the conservatory would enhance living conditions, provide privacy, and be lightweight and invisible due to its secluded position. The inspector found the conservatory would not significantly affect the character of the buildings or area, complying with relevant policies, and would bring amenity benefits. Both appeals were allowed by the inspector on 19 April 2013, and the Minister approved them on 2 May 2013 subject to conditions limiting commencement time and approved drawings.
Precedent Value
Demonstrates that lightweight, recessed extensions on Registered Buildings can be acceptable if they preserve individual character and are barely visible, even between contrasting old/new dwellings. Future applicants should prioritise design subtlety, seclusion, and amenity gains over council concerns about distinction.
Inspector: Ruth V MacKenzie BA(Hons) MRTPI
