17 February 2016 · Planning Committee
Anglo Manx Trust Corporation Ltd, 5, Athol Street, Douglas, Isle Of Man, IM1 1ql
The site is a four-storey Victorian office building in the Athol Street/Victoria Street Conservation Area, zoned for offices, with an existing two-storey rear annexe. The proposal involves roof changes to a flat roof with lights, a triangular three-storey extension (7.3m x 7.8m max depth x 11.4m high, overall 16.2m fro…
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The officer assessed the proposal against conservation area impacts, neighbour amenity (daylight via 45-degree rule and BRE assessments showing 5.8% direct light loss offset by reflection, but gloomie…
General Policy 2
Requires development to respect site/surroundings in scale/form/design, not adversely affect townscape character, and provide satisfactory amenity including access/parking. Officer found conflict with amenity subclauses (h) due to daylight/overshadowing/overlooking; Committee deemed compliant overall.
Environment Policy 35
Permits only development preserving/enhancing Conservation Area character, protecting special features. Officer accepted modern lightweight design preserves area despite rear location visible from courtyards; neighbours contested but overruled.
Business Policy 7
New office space in zoned town centre land normally permitted; exceptionally in historic buildings for viable use. Acceptable in principle on zoned office site in historic building.
Business Policy 8
New offices to respect scale/character of adjoining buildings and provide parking per standards. Officer noted compliance with height/mass relative to surroundings and existing/emerging developments.
Transport Policy 7
Requires parking per current standards. Highways confirmed no implications, satisfying policy.
Time limit
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.
Materials approval
No development shall commence until details of all external facing materials and new windows and doors to be used has been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
No Highways implications
No objection
Douglas Borough Council has no objection to the proposal. DOI Highways has no highways interest.
Douglas Borough Council
No ObjectionDouglas Borough Council has no objection to the proposals.; It should be noted that the above comments are made in relation to the Town and Country Planning Acts and does not imply approval or consent under any other relevant enactment, byelaw, order or regulation.
DOI Highways
No ObjectionNo Highways Interest; NHI on; Conditions (if any)
The original application for alterations, roof amendments and a three-storey rear extension with terraces over an existing rear annexe at an office building in Douglas Conservation Area was approved by the Planning Committee against officer recommendation on 15 February 2016. Neighbour Devonhirst Athol Street Limited (No 7 Athol Street) appealed, arguing overbearing impact, loss of light to rear offices, overlooking from terraces and harm to conservation area character, citing a similar 2009 refusal. Officers had recommended refusal on amenity grounds conflicting with GP2 and Business Policy 8. The applicant argued minimal light loss per daylight assessments, economic need for office expansion and compliance with disability access. Inspector Ruth V MacKenzie found Scheme B's large triangular extension would fail to preserve conservation area character (contrary to EP35) due to incongruous modern design and flat roofs above pitched eaves, and would cause unacceptable claustrophobic conditions in No 7's single-aspect rear offices due to proximity, scale and overbearing bulk (contrary to GP2(b)). She recommended upholding approval for smaller Scheme A but overturning for Scheme B.
Precedent Value
Demonstrates inspectors prioritise 45-degree overbearance test and CA preservation (not just enhancement) over committee economic weighings in tight urban office blocks; smaller, less bulky designs succeed where larger ones fail despite similar light metrics.
Inspector: Ruth V MacKenzie BA(Hons) MRTPI