2 July 2007 · Planning Committee
13, Atholl Street, Peel, Isle Of Man, IM5 1hg
The proposal involved converting two three-storey dwellings into six apartments (three per dwelling) and erecting a side extension over the garden area to create two additional apartments, with parking for eight cars (plus tandem spaces) at the rear accessed via a driveway.
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The officer initially recommended refusal due to poor residential amenity for ground floor apartments from parking adjacent to windows and overbearing extension impact, lack of external space for clot…
The Conversion of Buildings into Flats
Requires flats to have pleasant clear outlook from principal rooms and access to external space for drying, refuse, parking, amenity. Officer assessed revised layout provides this via front bay windows, small gardens, bin store, archways for light; initial scheme failed but amendments tipped balance to compliant.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved drawings
This approval relates to Drawing Number 0617/PLO1 Rev D submitted and date stamped 8th May 2007 and 0617/PLO2 submitted and date stamped 20th October 2006.
Doors retention
The doors to the front elevations of numbers 13 and 15 Atholl Street must be retained/refurbished and the door to the front elevation of the extension hereby approved must replicate the appearance of those doors in terms of design and materials.
Windows materials
The windows to the front elevation (Atholl Street) and side elevation as extended must be timber frame sliding sash to match the existing windows on 13 and 15 Atholl Street.
Parking pre-occupation
The car parking layout hereby approved must be surfaced and laid out prior to the occupation of the apartments hereby approved. Details of the surface material must be submitted for consideration and approval by the Planning Authority PRIOR to commencement of the development. Such parking spaces to be allocated and available for use by the occupiers of the apartments hereby approved.
Supports the proposal
Do not oppose subject to condition allocating one parking space per apartment
Note required re Fire Precautions (Flats) Regulations 1996
Note required re water connections for flats
Note required re Housing (Flats) Regulations
Multiple consultees provided responses on application 06/01805/B, with DOT Highways initially objecting on highway safety grounds but later changing to conditional no objection, IoMWA requesting water connection conditions, Disability Access Office specifying access requirements,…
Key concern: The proposed access provides less than stopping sight distance for vehicles emerging on to Athol Street.
Isle of Man Water Authority
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws.
Conditions requested: condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws; For connections to Flats and Apartments the following apply - “Water Supply To Flats And Apartments – Regulations”, and if applicable a “Form Of Undertaking In Respect Of Supply Pipes” will be required
Andrew Jessopp
SupportI support the principle of the application but I am concerned that the proposals may be over-intensive, and the outlook for the ground floor bedrooms is unsatisfactory.
Disability Access Office
Conditional No ObjectionApartment blocks should meet the following requirements.
Conditions requested: Where parking is provided, which includes provision for visitors then five percent of unassigned spaces should be designated for disabled parking.; The ground or primary entrance level should include at least one entrance that is accessible to an unassisted wheelchair user.; Any sanitary facilities provided which are accessible to the public should include a disabled toilet.; All public corridors should be of sufficient width and free from obstruction as to allow a wheelchair user to pass other users of the corridor.; The primary entrance to all apartments should be wide enough to be accessible for everyone including wheelchair users.; Where apartment/parking is provided over more than one level then a lift should be provided. The lift should be large enough to allow wheelchair users with an assistant to enter and turn around. The controls need to be at a height that everyone can reach and use. Visual and audible announcements should be fitted.
DOT Highways Division
ObjectionThis application would be contrary to the interests of road safety.
DOT Highways Division
Conditional No ObjectionDo not oppose subject to the imposition of the following condition:
Conditions requested: At least one parking space shall be allocated to the occupier of each apartment
Isle of Man Fire And Rescue Service
Applicant to consult the Fire Safety Department as this scheme will fall within the scope of the Fire Precautions (Flats) Regulations 1996.
Conditions requested: Applicant to consult the Fire Safety Department as this scheme will fall within the scope of the Fire Precautions (Flats) Regulations 1996.
The original application to convert the former bank building and erect a side extension to form five self-contained flats was refused by the Planning Committee primarily for inadequate parking and contravention of Circular 2/88 regarding poor outlook from the ground floor flat and lack of external amenity space. The appellant argued that seven parking spaces met standards, supplemented by on-street permits, and the site as a town centre location did not require amenity space, with design improvements enhancing appearance. The Council defended strict application of parking standards and poor residential environment per Circular 2/88. Objectors raised concerns over land ownership, access rights, highway safety, and privacy impacts. The inspector found parking provision marginally adequate in number but unworkable without access rights over adjacent land, no amenity space available, vehicles too close to ground floor windows, and overall overdevelopment, dismissing the appeal.
Precedent Value
Demonstrates that even near-compliance with parking numbers fails without secured access/turning rights; underscores strict application of Circular 2/88 amenity standards in conversions, regardless of prior non-residential use. Future applicants must secure all land rights and provide verifiable amenity before appeal.
Inspector: Miss Gillian M Pain MA Dip TP(Lon) MRTPI
