29 April 2008 · Planning Committee
Elm Bank House, Stanley Terrace, Christian Street, Peel, Isle Of Man, IM5 1np
Elm Bank is a three-storey end-terrace house in the Peel Conservation Area, previously a residential care home now converted to a single dwelling. The proposal was to remove an unauthorised rear balcony (previously refused under PA 05/01762/R due to overlooking) and replace it with a metal fire escape serving all three…
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The Planning Committee resolved to approve despite the officer's refusal recommendation, finding they were 'not convinced that the proposed fire escape would result in unacceptable levels of overlooki…
General Policy 2
Requires development to 'not affect adversely the amenity of local residents or the character of the locality' (part g). Officer assessed that fire escape would cause unacceptable overlooking of neighbours' gardens despite smaller than refused balcony; Committee disagreed due to limited space preventing prolonged use, finding it acceptable.
Environment Policy 35
Requires development in Conservation Areas to 'preserve or enhance the character or appearance of the Area'. Officer noted fire escape as 'somewhat cumbersome' but rear location 'not readily visible from the street scene' meant no unacceptable visual impact.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to the construction of a fire escape to replace the existing balcony which does not have approval as shown by the plans and information 06, 07 and 08 submitted and date stamped 17th December 2007.
Balcony removal
The balcony which has been refused approval shall be removed and all visible signs of the fixings to walls removed and made good within 56 days of the date of this decision becoming final.
no objection
note received (no objection implied)
Planning approval 07/02325/B was granted on 29 April 2008 for a metal fire escape replacing a balcony at Elm Bank, subject to a condition requiring balcony removal within 56 days. The balcony had previously been refused in split decision 05/01762/R due to overlooking impacting neighbour amenity. Appellant Street Heritage Ltd appealed the 56-day timescale, arguing 90+ days needed for contractors and fire escape fabrication to ensure safety and minimise disturbance. The Planning Authority defended the condition. Inspector Michael Hurley noted nearly 2 years since prior refusal and 3 months since condition imposition, finding no basis for extension. The Minister accepted the recommendation to dismiss the appeal and confirm the condition.
Precedent Value
Appeals against strict condition timeframes, especially for removing unauthorised structures, are unlikely to succeed if applicants have had ample prior time to arrange works. Future appellants should act promptly upon condition imposition and avoid delays attributable to market conditions.
Inspector: Michael Hurley
