28 June 2011 · Minister for Infrastructure (on appeal, following inspector recommendation)
15, Demesne Road, Douglas, Isle Of Man, IM1 3eb
The proposal involved subdividing the ground floor flat into two one-bedroom apartments and converting previously approved store rooms in the rear outrigger into a duplex apartment, all within a three-storey terraced dwelling already converted to flats.
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The officer recommended refusal, deeming the proposal 'extremely cramped and over-intensive form of development, which undermines the character of the conservation area' with substandard living accomm…
General Policy 2
Requires development to respect surroundings, provide satisfactory amenity standards, not adversely affect locality character or road safety. Officer found failure on amenity/character; inspector concluded satisfied as no material conservation harm and acceptable living conditions in urban context.
Environment Policy 35
Permits only development preserving/enhancing conservation area character. Officer viewed over-intensity/clutter as harmful; inspector found imperceptible effects from 2 extra flats in existing flat-dense area, no external changes.
Housing Policy 17
Permits flat conversions if adequate amenity space/outlook, esp. principal rooms to front. Duplex conflicts with 'no flat entirely within outlet' but 'generally' qualified; ground floor bedrooms outlook poor but secondary. Inspector balanced against housing benefit from under-used space.
Transport Policy 7
Requires parking per standards, relaxable in sustainable locations. Prior refusal included this but current dropped; no Highways objection, precedents without parking justified relaxation near town centre.
Approved plans
This approval relates to the conversion of ground floor apartment to 2 apartments and conversion of first and second floor store rooms to a duplex apartment as shown on Drawings No P01 and P02 date stamped as received by the Department of Infrastructure on 25 March 2011.
Do not oppose
no objection
Comments received - flats must comply with Housing (Flats) Regulations 1982 and be registered prior to occupation
The original application (11/00423/B) for retrospective conversion of a ground floor apartment to two apartments and first/second floor store rooms to a duplex apartment was refused by the planning authority, primarily on grounds of cramped/over-intensive development harming the conservation area, poor living conditions, and conflict with policies GP2, EP35, and HP17. The appellant argued the works improved layout, met minimum floor areas, were similar to approved nearby schemes, and provided beneficial housing without external changes or neighbour impacts. The inspector found no harm to the conservation area character and concluded the living conditions were satisfactory overall, despite minor policy conflicts with HP17, outweighing concerns due to efficient use of space and urban context. The appeal was allowed by the Minister on 15 November 2011, with one condition tying approval to specific drawings.
Precedent Value
This appeal shows that in urban conservation areas, retrospective internal flat conversions can succeed if no external harm, principal outlooks provided, and housing benefits outweigh qualified policy conflicts on rear units. Future applicants should emphasise efficient urban land use and site-specific outlook advantages over strict precedent reliance.
Inspector: Stephen Amos MA (Cantab) MCD MRTPI
