6 August 2007 · Delegated - Director of Planning and Building Control (M. I. McCauley)
Thie My Chree, Old Laxey Hill, Laxey, Isle Of Man, IM4 7bz
The proposal involved converting the disused lower ground floor (basement) area of Thie My Chree, a semi-detached building already containing three self-contained flats, into a fourth self-contained flat. The site is in a residential area and Conservation Area on Old Laxey Hill, Laxey.
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The officer determined the proposal unacceptable primarily due to the poor living environment for the proposed basement flat, as the living room faces directly onto car parking area approved for the e…
Residential Policy 1 of Laxey and Lonan Area Plan Order 2005
Permits residential alterations/extensions in designated residential areas if sympathetic to character. Site is in such area; proposal is internal conversion deemed sympathetic externally.
Conservation Area Policy 4 of Laxey and Lonan Area Plan Order 2005
Requires special attention to preserving/enhancing Conservation Area character per 1991 Act. No external changes proposed, so no impact on character/appearance.
The Conversion of Buildings into Flats
Requires flats to have pleasant clear outlook from principal rooms and access to external amenity/parking space. Basement flat's living room outlook onto parking fails this test directly.
no objections to the planning application
no objection subject to condition on sewer connection
Drainage Division, Laxey Village Commissioners, and Environmental Health Officer raised no objections subject to drainage connection conditions, fire regulations consultation, and housing standards compliance; Fire and Rescue Service required consultation on fire precautions without explicit objection.
Drainage Division, Department of Transport
Conditional No ObjectionNo Objection in principle, subject to the following conditions; In the event that this application is approved I should be grateful if these comments could be incorporated in the approval notice
Conditions requested: The proposed self contained flat must be connected to the public sewer in a manner acceptable to the Department of Transport Drainage Division and on terms and conditions, which must be agreed with the Division prior to the commencement of any building works; All drainage works must conform to the requirements of the Department of Transport's 'Manx Sewers for Adoption' and all necessary inspections/surveys [including CCTV] are to be carried out at the developer's expense; A communication fee will be payable to the Department of Transport in respect of this drainage connection
Isle of Man Fire And Rescue Service
No CommentTHIS APPLICATION FALLS WITHIN THE SCOPE OF THE FIRE PRECAUTIONS (FLATS) REGULATIONS 1996. THE APPLICANT IS REQUIRED TO CONSULT THE FLATS INSPECTION TEAM AT THE FIRE SAFETY DEPARTMENT TO DISCUSS AND AGREE COMPLIANCE ISSUES
Conditions requested: The applicant is required to consult the Flats Inspection Team at the Fire Safety Department to discuss and agree compliance issues
Laxey Village Commissioners
No ObjectionThe Commissioners considered this application at their recent meeting and have no objections to this application
Environmental Health Officer, Department Of Local Government And The Environment
Conditional No ObjectionThe proposed flat 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 flat 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
The original application to convert the lower ground floor of an existing semi-detached building, already approved for three flats, into a fourth self-contained flat was refused by the Director of Planning and Building Control on 6th August 2007 due to unacceptable living environment from the living room outlook over car parking and inadequate car parking for four flats. The appellant argued that modifications to glazing would improve light and outlook, existing car parking exceeded approved provisions, the site is near amenities allowing parking standard relaxation per Strategic Plan, and internal layout could be reconfigured. The inspector, after a site visit, found car parking inadequate for four flats with tight manoeuvring and no basis for relaxation given local parking issues, and living conditions unacceptable due to limited outlooks from all rooms at or below external levels. The appeal was dismissed on 2nd January 2008, upholding the refusal.
Precedent Value
This appeal demonstrates that in parking-constrained areas like Laxey, strict adherence to standards prevails even for conversions in existing buildings near amenities; inspectors prioritise future-proofed living conditions and will reject internal reconfiguration if site constraints persist.
Inspector: John S Turner
