20 August 2003 · Minister for Local Government and the Environment (following Planning Committee review refusal and Inspector recommendation)
8, Circular Road, Peel, Isle Of Man, IM5 1nd
The proposal sought full planning approval to convert an existing garage/workshop beneath No. 10 Circular Road into a two-bedroom flat, including a single-storey rear extension for a bedroom, replacing the garage door with timber-framed door and sliding sash window.
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The Planning Committee initially approved but on review found the proposal would result in a poor standard of residential amenity for future occupiers due to 'contrived layout, and limited floor area …
Planning Circular 2/88 'The Conversion of Buildings into Flats'
Requires all flats to have good external environment with pleasant clear outlook particularly from principal rooms. Officer assessed proposal fails as bedrooms/kitchen lack clear outlook (limited to enclosed garden/rear properties; kitchen rooflights only); narrow layout results in poor amenity despite efficient space use.
Peel Local Plan Policy 5.2
Encourages refurbishment/amalgamation of properties in town. Appellant argued supports conversion; officer/inspector acknowledged benefits (building upgrade, workshop removal) but outweighed by amenity/layout failings.
Peel Local Plan Policy 5.4
Encourages works in Conservation Area for retention via alternative use. Appellant claimed enhances streetscene; inspector found loss of garage space and cramped layout detrimental to character despite front elevation sympathy.
Peel Local Plan Policy 9.12
Examine applications on merits to encourage investment in uneconomic buildings. Noted poor condition justifies refurb but layout/amenity concerns prevail.
Peel Local Plan Policy 9.15
Enhance Conservation Area via sympathetic alterations. Front ok but overall change to residential loses garage function harming mixed-use character.
Peel Local Plan Policy 9.16
Positive schemes for existing buildings sympathetic to setting. Inspector: contrived layout out of keeping with neighbours.
RECOMMENDED FOR APPROVAL
no views / no adverse traffic impacts / no objection
acceptable subject to conditions; removes light industrial use; improves fabric; fire measures adequate; supported by Building Regs approval
no objection raised pre-submission; rear garden adequate place of safety; proposes sprinklers/fire blanket; improvement over current workshop fire risk
Peel Town Commissioners recommended approval. Isle of Man Fire and Rescue Service raised serious fire safety concerns regarding inadequate escape routes. Highways Division had no objection. Neighbours objected primarily on fire risk and privacy grounds.
Key concern: inadequate fire escape routes from enclosed rear garden
Peel Town Commissioners
SupportPA 03/00392/B Conversion of garage/workshop into living accommodation including extension to rear 8 Circular Road, Peel. RECOMMENDED FOR APPROVAL.
Isle of Man Fire And Rescue Service
ObjectionWhilst the general layout appears to conform with that required under the above regulations, the apparent rear exit from the premises only discharges into an enclosed rear garden from which further exit is only possible via climbing walls or entering other people's property.; A fire occurring within the lounge or kitchen (both comparatively high fire risk areas) would force persons into the rear garden from which further escape would be at best difficult, and in a worst-case scenario, impossible.; The approved application does not fully comply with the Fire Precautions (Flats) Regulations 1996 or Approved Document B of the Building Regulations 1991 (2.11 b - page 21 (2000 Edition)).
Isle of Man Fire And Rescue Service
ObjectionMy Fire Safety Officer has examined you drawing and advises that the means of escape from the rear of the proposed accommodation is not satisfactory as it appears to discharge into an enclosed garden from which there is no means of exit (other than back through the house).; Escape routes via neighbouring properties are not acceptable, as they cannot be guaranteed due to security implications.
Department of Transport Highways Division
No ObjectionI confirm the Department has no objection to your preliminary enquiry subject to planning approval being obtained.
The original application PA 03/00392/B for conversion of garage/workshop into living accommodation with rear extension was initially approved by the Planning Committee on 14 August 2003 but refused on review on 17 October 2003 due to poor residential amenity from contrived layout, limited floor area/outlook, and inadequate fire escape. The appellant argued the layout was sensible, floorspace adequate (67 sqm), outlook comparable to neighbours, fire escape compliant with Building Regulations approval, and the scheme enhanced the Conservation Area per Peel Local Plan policies. The Council defended the refusal citing narrow rooms, poor outlook, and fire escape concerns per Planning Circular 2/88. The inspector found the layout cramped and inconvenient despite adequate floorspace, harmful to Conservation Area character by losing garage space, but accepted fire risks were not significantly increased; benefits were outweighed leading to recommendation to dismiss the appeal.
Precedent Value
This appeal demonstrates that even in Conservation Areas with supportive local policies for refurbishment, poor internal layout and loss of established non-residential features can decisively outweigh benefits. Future applicants must prioritise spacious, conventional layouts meeting national amenity standards like clear outlooks, especially for conversions.
Inspector: J Trevor Graham