18 November 2013 · Minister for Infrastructure, the Hon L D Skelly MHK - on appeal
Celtic Gold Jewellers, 5, Michael Street, Peel, Isle Of Man, IM5 1ha
The proposal was for retrospective permission to erect and complete a prefabricated conservatory of glass and timber construction on the flat roof above a garage at the rear of 5 Michael Street, a two-storey mid-terrace mixed retail/residential property accessed via Red Lane to a courtyard.
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The delegated officer refused because 'the proposed conservatory [is] a relatively large addition and is very prominent due to its first floor position.
General Policy 2
Requires development to respect site/surroundings in scale/form/design, not adversely affect townscape character, and not harm local amenities. Inspector found compliance as conservatory improves flat roof without harming courtyard character or amenities.
Environment Policy 35
Permits only development preserving/enhancing Conservation Area character, protecting special features. Officers found harm due to awkward/incongruous design in traditional terrace context; inspector overruled, as it preserves courtyard character given higgledy-piggledy mixed modernisations and adds interest vs bland roof.
Approved drawings
The development hereby approved relates to the conservatory shown in Drawing MW4 and 3 unnumbered isometric drawings all date stamped 17 October 2013 and 3 unnumbered elevational drawings date stamped 21 October 2013. Reason: For the avoidance of doubt.
recommend approval... do not accept the assessment... unlikely to be viewed by the vast majority of passers-by
no objection... enhances what would otherwise be a fairly boring flat roof area
no objection to the Conservatory visually in its present position
good idea... big improvement to the large flat area... support them in this appeal
The original application (13/91229/B) for erection of a conservatory on a first floor flat roof rear extension was refused on 18 November 2013 by the Planning Authority due to harmful impact on the character and appearance of the Peel Conservation Area, contrary to Environment Policy 35 of the Isle of Man Strategic Plan. The appellant argued it improved the previously run-down flat roof, fitted the courtyard context, had neighbour support, and followed prior approved works. The Inspector, after a site visit, found the conservatory added charm and interest to the courtyard without harming the Conservation Area, complying with relevant policies. The Minister accepted the Inspector's recommendation on 22 May 2014, allowing the appeal subject to one condition confirming the approved drawings.
Precedent Value
This appeal shows that in Conservation Areas, Inspectors may allow developments that enhance specific local contexts like courtyards despite initial policy concerns, particularly if they improve existing features and fit the immediate setting. Future applicants should emphasise site visits, visual improvements over status quo, and local support.
Inspector: Alan Langton
