30 March 2010 · Senior Planning Officer (delegated under Article 3(13) of the Town and Country (Development Procedure) Order 2005)
114, Castlemona Avenue, Douglas, Isle Of Man, IM2 4ef
Grove Properties Ltd proposed converting the lower ground floor (basement) of an end-terraced private residence in an established residential area into a self-contained apartment, including external alterations such as removing part of the rear wall to create a yard for car parking.
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The officer assessed the proposal against GP2, ENV36, HP17, and other policies, finding it unacceptable primarily due to highway safety concerns as Castlemona Avenue is already heavily congested and t…
General Policy 2
Requires development to respect surroundings, provide satisfactory amenity standards including parking/manoeuvring/access (h), not adversely affect residents' amenity (g) or road safety/traffic (i). Officer found proposal fails these due to poor parking, congestion impact, and substandard basement accommodation.
Transport Policy 7
Officer applied alongside GP2 to assess parking/highway impacts; narrow lane and congestion fail tests for safe access and no unacceptable effect on traffic flows.
Housing Policy 17
Permits flat conversions if adequate space for drying/refuse/amenity/parking (a), pleasant outlook from principal rooms (b). Basement flat fails due to poor light/outlook and lack of storage/amenity space.
Environment Policy 36
Requires no detrimental effect on views into/out of nearby Conservation Areas. Minor external alterations deemed acceptable without impacting Douglas Promenade Conservation Area.
No objection
The proposed flats/apartments must on completion of the intended works, comply with the requirements of the Housing (Flats) Regulations 1982 and be registered thereafter under the same regulations prior to any of the flats being occupied.
The original application for creation of a one-bedroom apartment in the lower ground floor of a large terraced house was refused by the Senior Planning Officer for two reasons: unsatisfactory parking arrangements leading to highway safety issues (contrary to GP2 and T7), and substandard living accommodation (contrary to GP2 and HP17). The appellant argued the house was too large for single letting, there was demand for flats, parking could be provided in the rear yard without impacting street parking, and outlook was comparable to other flats. The inspector agreed with the council on amenity standards, finding the principal room's north-facing outlook onto a 1m lightwell wall failed HP17 despite arguments for efficient use under SP1, but found parking arrangements acceptable. The Minister accepted the inspector's recommendation to dismiss the appeal, upholding only the amenity refusal reason.
Precedent Value
Basement flat conversions in terraced housing require strict compliance with HP17 outlook standards; parking arguments can succeed with demonstrated provision/access even in constrained sites, but amenity often decisive. Future applicants should prioritise natural light/outlook improvements or site proposals avoiding lightwells.
Inspector: David Ward
