8 December 2005 · Minister for Local Government and the Environment following appeal inspector report
Elm Bank House, Stanley Terrace, Christian Street, Peel, Isle Of Man, IM5 1np
The site is a three-storey former nursing home in Peel's Conservation Area, converted retrospectively to a single dwelling with changes including closing up wide street access for two-car forecourt parking, reducing rear extension to single storey, installing an oil tank on a 1m wall with raised patio, new dummy garage…
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The independent inspector assessed the sole contentious element - the 2.8m projecting first-floor balcony - finding it would cause 'an unacceptable degree of overlooking of the neighbours' gardens' pa…
General Policy 2
GP2(b) requires development to respect the site and surroundings in terms of form, design and spaces around them. Inspector found other works respected this and enhanced the Conservation Area, but balcony failed by harming neighbour amenity through overlooking and noise in the tight urban layout.
Environmental Policy 39
Requires development in Conservation Areas to preserve or enhance character/appearance. Inspector noted all works except balcony are 'high standard' enhancing the building's status; changes limited to rear/internal, replacing unsightly fire escape.
Paragraph 9.15, Planning Circular 6/89
Seeks enhancement of Conservation Area by positive schemes. Appellant argued conversion brings planning gain; inspector agreed other works achieve this.
Paragraph 9.16, Planning Circular 6/89
Requires alterations sympathetic to existing building/setting. Rear changes (except balcony) deemed appropriate as limited to rear.
Balcony removal and window replacement
The balcony which has been refused approval shall be removed and all visible signs of the fixings to the walls removed and made good, and the doors on the first floor which give access to the balcony shall be replaced by sash windows in keeping with the windows on the first-floor of the dwelling within 3 months of the date of this decision.
Highway visibility - boundary wall and access
The new boundary wall and pillars adjacent to the off-street parking area shall be less than 1.0 metres in height to facilitate visibility onto the public highway and the access shall be not less than 5.2 metres wide.
accepted the present proposal subject to entrance widening slightly and front boundary walls less than 1.0m height for highway visibility
recommended for approval
smoke detectors recommended (no objection)
