18 August 2008 · Minister for Local Government and the Environment (via Chief Executive K. A. Kinrade), on appeal
The Oil Sail Loft, Shore Road Underway, Port St. Mary, Isle Of Man, IM9 5dx
Central Pacific Services Ltd proposed constructing a single garage to the side of The Old Sail Loft, a stone Registered Building alongside Port St Mary harbour, with a flat roof supporting a terrace accessed via modifying a first-floor window into a doorway.
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The inspector concluded the main issue was whether the garage and window alterations would preserve the character and setting of the Registered Building per planning policy, specifically Policy RB/5 r…
RB/5 Alterations and Extensions
Requires special regard to desirability of preserving the Registered Building or its setting or features of special architectural/historic interest. Officer/Inspector assessed garage design, massing, location, stone matching, contemporary doors, and window alteration as preserving character and setting. Conservation Officer agreed; no tension as scheme matched existing and prior precedents.
No objections
Garage similar to prior refused scheme where principle/appearance not objected to; Inspector found satisfactory subject to engineer's report; stone-faced not unsympathetic; complies with Policy RB/5; Conservation Officer recommended approval
Recommended approval; design, massing, location, materials preserve character and setting
Port St Mary Commissioners object to the applications due to impact on the Registered Building Old Sail Loft, while Highways Division has no objection and Manx Electricity Authority requests standard conditions; resident letters also object on heritage and structural grounds.
Key concern: proposed garage and alterations out of keeping with Registered Building and non-compliant with Policy RB/5
Port St Mary Commissioners
Objectionthe proposed garage is out of keeping with the original building and would alter its overall appearance; there will be a general presumption against alteration or extension of registered buildings except where a convincing case can be made ... for such proposals; the current applications should, therefore, be refused
Highways Division
No ObjectionDo Not Oppose
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application. Please contact our Network Operations Department...
Conditions requested: applicant must contact the Authority; contact Network Operations Department (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may require diversion; contact M.E.A. for Electrical Site Safety 5 documents (Tel. 687766); all work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6
The original 2005 application for renovating the Old Sail Loft Registered Building into a dwelling with garage and parking was refused by the Planning Committee due to significant internal layout changes harming the building's special interest, and dismissed on appeal (L02/AP 06/00108). Subsequent 2006 resubmission for renovation and parking was granted permission after appeal dismissal (AP07/0008 & AP07/0009). A 2007 appeal against land levelling permission adjacent to the site was dismissed (AP07/0092), upholding approval. The 2008 application for garage alterations (08/00716/GB & 08/00717/CON) was permitted, with appeal statements from objectors like Mr O'Friel raising concerns over Registered Building impact and wall stability, but no decision documented. Inspectors emphasized minimal intervention for Registered Buildings, retention of internal features, and that boundary wall stability is generally not a planning matter absent proven harm.
Precedent Value
Appeals set that Registered Building conversions require strict minimal intervention, retaining open spaces and features; boundary wall stability is civil not planning unless proven public harm. Future applicants should prioritize officer pre-application consultation, phased submissions, and robust engineer evidence.
Inspector: Terrence Kemmann-Lane; Andrew D Kirby; Unnamed (AP07/0008 report)
