20 May 2011 · Deputy Minister for Infrastructure - Mr W E Teare MHK
9, Glenview Terrace, Port Erin, Isle Of Man, IM9 6ha
The proposal involved converting the three-storey semi-detached boarding house into four apartments: two one-bedroom ground floor flats with a new single-storey rear extension for bedrooms, and two-bedroom flats on the first and second floors.
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The Deputy Minister considered the inspector's report from the 11 August 2011 inquiry and concurred with its conclusions, directing that the Planning Committee's approval be reversed and the applicati…
General Policy 2
Requires development to protect amenity of local residents (g), provide safe/convenient access with adequate parking (h), avoid adverse effects on road safety/traffic flows (i). Inspector found proposal conflicted as ramp caused neighbour harm (g), parking inadequate leading to highway issues (h,i).
Housing Policy 17
Permits building conversions to flats in residential areas if practical to provide adequate amenity space, clothes drying, refuse storage, car parking. Proposal failed on inadequate private outdoor amenity (exposed terraces/no upper space) despite bin storage; parking not practical due to layout/size.
Appendix 7
Requires 1 space per 1-bed flat, 2 per 2-bed flat (total 6 here); relaxable near bus route if no unacceptable on-street parking demonstrated. 5 substandard spaces proposed (tandem, tight, steep access); no evidence of alternative parking availability, especially evenings.
No concern about number of spaces (4 would suffice as relaxation allowed near bus route); adequate road capacity and no increased junction danger; spaces tight and do not meet 2.5x5.5m Manx Roads standard but recommended refusal on dimensions/access only; subsidence not a planning matter
The original application (11/00215/B) for conversion of Lincluden boarding house into 4 apartments was approved by the Planning Committee despite prior refusals of similar schemes. Appellants (Port Erin Commissioners, Mrs K Quaggin, and Mr G B Gribble) argued overdevelopment, inadequate and impractical parking, harm to neighbour amenity at Ridgewell from noise/disturbance/overlooking, insufficient amenity space for flats, traffic hazards on narrow Glen View Terrace, and subsidence risks. The Planning Authority defended approval citing building re-use benefits, flexible parking standards near bus route, and minor deficiencies outweighed by preventing dereliction. Inspector Stephen Amos, after inquiry and site visit, found significant harm to Ridgewell's living conditions from ramp/driveway use, inadequate private amenity space for flats (conflicting with Housing Policy 17), and unusable parking leading to on-street issues (conflicting with GP2 and Appendix 7), recommending refusal. Deputy Minister W E Teare accepted the recommendation on 4 October 2011, reversing approval.
Precedent Value
This appeal shows third parties can successfully reverse approvals on neighbour amenity, parking usability (not just quantum), and occupier standards even for re-use conversions; future applicants must demonstrate usable parking with evidence (e.g. surveys) and feasible amenity in less intensive schemes, especially in residential enclaves.
Inspector: Stephen Amos
