5 March 2010 · Minister for Infrastructure via Planning Appeals Inspector (G Farrington), decision by I. T. Thompson, Chief Executive
Chesterfield, 4, Mona Drive, Douglas, Isle Of Man, IM2 4lg
The proposal sought permission to change the use of an existing one-bedroom lower ground floor flat, previously used as staff accommodation for the Chesterfield Hotel (now deregistered), into a self-contained residential apartment with no physical alterations.
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The initial refusal by the delegated Senior Planning Officer (Gary Barr) was based on a site visit confirming 'very minimal light entering the proposed apartment' due to the basement drop from street …
General Policy 2
Requires development to provide satisfactory amenity standards and not adversely affect amenity of residents or locality (g). Officer found refusal warranted due to poor outlook/minimal light harming future occupiers; inspector found compliant as amenity finely balanced with southwest light and sitting space.
Housing Policy 17
Permits building conversions to flats in residential areas if adequate space for amenity/parking (a,c) and pleasant clear outlook from principal rooms (b). Officer assessed failure of (b) due to basement walls restricting outlook/light; inspector found (a) met by rear space, (b) marginally met via bay window/southwest aspect superior to precedent, (c) met by town centre location.
Environment Policy 35
Permits only development preserving/enhancing Conservation Area character. No external changes; both officer and inspector agreed use protects building appearance, with inspector noting viable use prevents dereliction harm.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to the submitted Drawing DOU.CFIELD.1, DOU.CFIELD.2 and Supporting Letter received on the 16th November, 2009.
Do not oppose; has no traffic management, parking or road safety implications
Must comply with Housing (Flats) Regulations 1982 and be registered prior to occupation
The original application PA 09/01882/C for change of use of the lower ground floor staff accommodation in a former guesthouse to a self-contained one-bedroom apartment was refused by the Department due to unacceptable outlook adversely affecting residential amenity under General Policy 2 and Housing Policy 17(b) of the Isle of Man Strategic Plan 2007. The appellant argued the flat was historically self-contained, no physical changes were proposed, amenity was unchanged, a similar approval had been granted nearby at 3 Mona Drive, and reuse would benefit the Promenades Conservation Area. The inspector found the change of use required permission but judged amenity concerns finely balanced due to compensating factors like southwest-facing bay window and sunlight, superior to the precedent case; unused basements harm conservation area character, and the proposal complies with relevant policies. The Minister concurred with the inspector's recommendation to allow the appeal, approving the application subject to conditions on commencement and approved drawings.
Precedent Value
This appeal sets precedent that basement flats in conservation areas can be approved if amenity is 'finely balanced' with compensating sunlight/aspect factors, even if not ideal, prioritising reuse over dereliction. Future applicants should provide internal inspections, compare to approved precedents, and stress CA enhancement.
Inspector: G Farrington
