Appeal by Malcolm Jeffrey Wells against refusal for the erection of a conservatory on first floor flat roof rear extension (retrospective) 5 Michael Street, Peel, IM5 1HA

Site Visit: Monday 17^{\text {th }} March 2014

Preamble

1. The conservatory, partly complete, stands on part of a flat roofed addition at the back of 5 Michael Street, a 2 storey building occupied on the ground floor by Celtic Gold Ltd, Jewellery Manufactures. The rear of this and other business, retail and residential premises enclose a sizeable courtyard reached via Red Lane.
2. The locality is zoned for mixed use by the Peel Local Plan 1989, and is within the Peel Conservation Area.
3. The application was refused by notice issued on 18^{\text {th }} November 2013 for the following reason:

The proposed conservatory by reason of its design, scale and position would have a harmful impact upon the character and appearance of the Peel Conservation Area, which would be contrary to Environment Policy 35 of the Isle of Man Strategic Plan.

Gist of the Cases

4. Appellant: they have worked for years with the Peel Town Commissioners, the regeneration scheme and the planning office to update their premises, including an approval, PA 12/00246/B, for the installation of external stairs, erection of replacement roof and alterations. They had previously had approval to replace all their front windows. While implementing the approved scheme, they decided to add the first floor conservatory over the flat roof, to provide more living space and make use of spectacular views over the Castle and sea. The previous, authorised work demonstrates that they had no intention of proceeding without planning permission. They had misunderstood permitted development rights and not realised that the conservatory required an application.
5. Its aspect is over a courtyard, primarily used for car parking, with no overlooking of any private space. The courtyard has a mixed character, with buildings either side of their own completely renovated and modernised in recent years. The conservatory cannot be seen from any main or public road and it would fit in well once completed along with other already approved works, continuing to enhance this previously very run down area. There is already another upper floor conservatory facing the courtyard, with the benefit of full planning permission.
6. They have spoken to many neighbours, all supportive, with compliments regarding the improvement generally and the conservatory specifically, with respect to the improvement it makes against the outdated flat roof. Several letters of support from nearby occupants are submitted, including one from the owner of the other conservatory.
7. The Planning Authority: the site is within the Conservation Area, which here comprises traditional terrace properties. The rear looks onto the courtyard which, although not overly visible from main pedestrian areas, is publicly accessible. The conservatory is relatively large and very prominent at first floor level. It was not designed for the building and appears awkward and incongruous. The courtyard is part of the Conservation Area, which retaining the conservatory would harm rather than preserve or enhance in character and appearance, as set out in the issued reason for refusal.
8. The Peel Town Commissioners: recommend approval. They do not accept the assessment set out in the issued reason for refusal. The conservatory is unlikely to be viewed by the vast majority of passers-by.

Inspector's Assessment

9. At first blush, an upper floor conservatory at the back of one of the traditional buildings at the heart of the Peel Conservation Area does not bode well. However, when visited, and visualised as complete, I can say only that I see the outcome as somewhat charming rather than harmful. The expanse of flat roof over a double garage does nothing for the rear elevation, whereas the conservatory adds some interest. It might not be bespoke for the building but it has been chosen to reflect its setting over the courtyard. This has a somewhat higgledy-piggledy appearance and character, attractive in its own way and entirely different from the more regimented street elevation.
10. The existing upper floor conservatory is not entirely an example; its ridge aligns with that building's eaves for example, whereas the appeal conservatory eaves align at the building eaves with its ridge a little higher. Even so I consider that it sits comfortably and would do so a little more on completion. I should stress that my conclusions concern this one conservatory, having regard to all the very particular circumstances of its setting on this building. Subject to that caveat, in my estimation its completion and retention would preserve the character and appearance of the courtyard, and thereby the Conservation Area, in compliance with Strategic Plan Environment Policy 35. It follows that it also accords with the more general requirements of General Policy 2 (b) and (c) and paragraph 8.12.1.
11. No conditions have been suggested in the event of approval. A start date is not applicable and there is I believe every reason to be confident that the scheme would be completed without undue delay. I shall therefore recommend just one condition, confirming the approved drawing.

Recommendation

12. I recommend that the Minister allows the appeal and grants approval for the erection of a conservatory on first floor flat roof rear extension (retrospective) at 5 Michael Street, Peel, IM5 1HA, overturning the previously issued refusal, subject to the following condition. The development hereby approved relates to the conservatory shown in Drawing MW4 and 3 unnumbered isometric drawings all date stamped 17^{\text {th }} October 2013 and 3 unnumbered elevational drawings date stamped 21^{\text {st }} October 2013.

Alan Langton Inspector