2 May 2007 · Council of Ministers
35, Allan Street, Douglas, Isle Of Man, IM1 3dp
The site is an end-of-terrace dwelling on the corner of Allan Street and Parr Street in Douglas, currently subdivided into two flats with a poor condition two-storey rear outrigger. The proposal sought to demolish the existing rear extension, build a new two-storey extension covering the entire rear yard, and remodel t…
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The independent inspector concluded the scheme was unacceptable due to overdevelopment of the site. Key issues were the new ridge roof's eaves and gutter overhanging the rear yard of No.
Guidance on replacement windows in Conservation Areas
Requires replacement windows to simulate original glazing patterns, especially in terraces. Assessed as compliant since existing windows not original, site not in conservation area or registered building, sliding sash uPVC would enhance appearance and match street character.
Recommended approval subject to conditions; extension improves appearance, minimal overlooking with obscure glazing condition, windows acceptable.
No objection.
Do not oppose.
Douglas Corporation, Fire Service, Environmental Health, and Highways Division all responded to application 06/01916/B with no objections, though Fire Service and Environmental Health raised requirements for consultation and regulatory compliance.
Douglas Corporation
No ObjectionDouglas Corporation have no objection to the proposals listed below.
Department Of Home Affairs Isle Of Man Fire And Rescue Service
No CommentApplicant to consult with the Fire Safety department as the proposals (may) fall within the scope of the Fire Precautions Flats Regulations 1996.
Conditions requested: Applicant to consult with the Fire Safety department as the proposals (may) fall within the scope of the Fire Precautions Flats Regulations 1996.
J W Howie, Environmental Health Officer
Conditional No ObjectionThe proposed flats must, on completion of the proposed works, comply with the requirements of the Housing (Flats) Regulations 1982 and be registered thereafter under the same Regulations.
Conditions requested: The proposed flats must, on completion of the proposed works, comply with the requirements of the Housing (Flats) Regulations 1982 and be registered thereafter under the same Regulations.
Department of Transport, Highways Division
No ObjectionDo not oppose; The existing flats are located within the town centre, close to amenities and public transport links.
The original application (06/01916/B) sought full approval for demolishing the existing rear extension and erecting a new 2-storey extension over the whole rear yard at 35 Allan Street, Douglas, to create two enlarged flats (3-bed and 2-bed). It was refused, though refusal reasons and date are not specified. The Department of Local Government and the Environment recommended approval, citing improvements to appearance, no significant harm to visual amenities or neighbouring overshadowing at 37 Allan Street, and resolvability of privacy via obscure glazing. The inspector, after site visit, disagreed, finding the proposal overdeveloped the site with unacceptable overlooking from a new bedroom window on the boundary wall into 37 Allan Street's yard, privacy invasion despite obscure glazing being inappropriate for a bedroom, and undesirable overhang of eaves/gutter over the neighbour's yard. The inspector concluded the scheme unacceptable and recommended refusal.
Precedent Value
This appeal demonstrates that privacy standards are strictly applied to habitable rooms; obscure glazing is not acceptable for bedrooms overlooking neighbours, and proposals must pass the 'could it work on the neighbour's site?' test. Future applicants should avoid boundary windows and overhangs into private yards, even with common ownership.
Inspector: John S Turner BA(Hons), FRTPI, MRICS, FGS
