30 March 2022 · Head of Development Management (Stephen Butler)
Atholville, 3-4, Castle Drive, Douglas, Isle Of Man, IM2 4lx
The proposal involved completing the fit-out of a basement apartment spanning numbers 3 and 4 Castle Drive, including two bedrooms, a bathroom, and an open-plan lounge/kitchen area, with access via a new front doorway and external staircase to the yard below road level.
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The officer determined that the basement apartment would fail to provide a 'pleasant clear outlook, particularly from the principal room' as required by Housing Policy 17, due to the road/footpath lev…
Housing Policy 17
Requires conversions to flats to provide a pleasant clear outlook, particularly from principal rooms. The officer assessed the north-facing bay windows against the high boundary wall and road level, small yard, and staircase position, concluding it would be dark and oppressive with no pleasant outlook, failing the policy test.
General Policy 2
Requires development to provide satisfactory amenity standards in itself, including clause (h). The basement apartment failed due to poor outlook and lighting, not meeting residential amenity requirements despite acceptable principle of use.
Strategic Policy 10
Promotes integrated transport to minimise car journeys, encourage public transport and pedestrian movement. Lack of parking was accepted as the site's proximity to Douglas town centre, services, and bus routes supported these aims.
Transport Policy 7
Requires parking per current standards (two spaces needed here). No off-road parking provided, but balanced against Conservation Area sensitivity, streetscape preservation, and sustainable location.
Housing Policy 4
Permits new housing primarily in towns/villages or sustainable extensions. Site in urban Douglas 'Mixed Use' area made residential principle acceptable.
no objection (03.03.2022)
do not object (08.03.2022)
Douglas Borough Council and DOI Highways Division both have no objection to application 22/00157/B for creation of a lower ground floor apartment at Atholville, 3-4 Castle Drive, Douglas.
Douglas Borough Council
No ObjectionDouglas Borough Council has no objection.
Department of Infrastructure (DOI) Highways Division
No ObjectionDo not oppose; DNO on 3.3.22; After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking.
The original application to create a lower ground floor apartment was refused under delegated authority on 30 March 2022 due to poor outlook from principal rooms breaching HP17 and GP2(h). The appellant argued the apartment would have sufficient daylight, pleasant outlook via lightwells and bay windows, supported by photos, daylight calculations, precedents of similar approvals, and benefits like preventing vacancy and providing affordable housing. The Council defended the refusal emphasising dark, oppressive outlook and non-compliance with updated policies. Inspector Richard Perrins, after site visit, found minimal harm to living conditions based on site observations, daylight factor of 5%, and comparable local examples, outweighing concerns and aligning with GP2 and HP17. Minister accepted recommendation on 26 October 2022, allowing appeal subject to a 4-year commencement condition.
Precedent Value
Demonstrates that technical evidence like daylight factors and photographic proof of similar occupied basements can overcome amenity refusals in Conservation Areas when inspector verifies on-site. Future applicants should prioritise quantifiable daylight studies and local precedent surveys over subjective claims.
Inspector: Richard Perrins
