15 April 2009 · Minister for Local Government and the Environment (via Chief Executive K.A. Kinrade, following Inspector's report)
Anglo Manx Trust Corporation Ltd, 5, Athol Street, Douglas, Isle Of Man, IM1 1ql
The proposal involved replacing the ground floor frontage of the existing 4-storey office building with a more traditional design and adding a two-storey rear extension with flat roof and roof terrace, providing 56 sq.m additional office space (total increase 134 sq.m), finished in white.
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The Department initially approved the full scheme, finding office use acceptable in zoned area, frontage improvements enhancing Conservation Area, rear extension neutral visually from street, parking …
General Policy 2
Requires development to respect amenities and character. Officer found proposal acceptable overall initially; Inspector focused on neighbour amenity failure for rear extension.
Environment Policy 35
Permits only development preserving/enhancing Conservation Areas. Frontage enhances street scene; rear extension refused as it does not preserve/enhance character, harms working conditions despite limited public views.
Business Policy 7
New office space in centres on zoned land; exceptional for historic buildings. Acceptable principle in office zone but appellant argued existing rear structure not 'acknowledged architectural interest'; officer found land use compatible.
Business Policy 8
New offices to respect scale/character of adjoining buildings and meet parking standards. Height/mass assessed acceptable initially but Inspector found overbearing; parking relaxed.
Transport Policy 7
Requires parking per standards (1 per 50sq.m office). 6.2 spaces needed for 310sq.m; none on-site but relaxed for town centre near bus routes with leased spaces demonstrated.
Approved plans (frontage only)
This approval relates only to the proposed alterations to the ground-floor frontage, as indicated on drawing no. 1606/01/-02M, date-stamped 14th January 2009. No approval is granted to the rear extension as set out on other submitted drawings.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Do not oppose
No objection
Supports full scheme; demonstrates leased parking; extension not overbearing as surrounded by taller buildings
The original application PA09/0052/B for alterations to the ground-floor frontage and a rear office extension was granted full approval by the Department. Zax Investment Ltd appealed this decision, arguing harm to neighbouring properties (particularly No. 4 Athol Street) through loss of daylight, overlooking from the roof terrace, and failure to preserve the Conservation Area. The Department defended the approval, viewing impacts as minimal for commercial properties and frontage changes as beneficial. The Inspector found the rear extension would severely impair daylight to neighbours, cause unacceptable overlooking, and not preserve the Conservation Area's character, contrary to Environment Policy 35. The frontage alterations were uncontroversial and improved the street scene. The Minister accepted the Inspector's recommendation to allow the appeal, splitting the decision to approve (a) and refuse (b).
Precedent Value
This appeal demonstrates that even rear extensions invisible from streets can be refused if they harm Conservation Area character (per EP35) or commercial neighbours' working conditions via daylight/overlooking. Future applicants must rigorously assess light well impacts and avoid terraces/windows enabling overlooking, even if usage is claimed infrequent.
Inspector: John S Turner
