14 November 2008 · Minister for Local Government and the Environment following Planning Committee approval and appeal
25, Mines Road, Laxey, Isle Of Man, IM4 7nh
The proposal involves converting a two-storey stone workshop building, located between residential properties on Mines Road in Laxey, into a dwelling with integral garage. Alterations include installing windows and doors (mostly in existing openings), re-roofing with slate, and retaining existing sliding doors for park…
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
The principle of converting the workshop to residential was acceptable as the site is in a residential-zoned area under Laxey and Lonan Area Plan 2005, and the change secures the future of an older bu…
Residential Policy 1 of Laxey and Lonan Area Plan Order 2005
Requires residential development only in designated residential areas, with alterations/extensions sympathetic to character. Site in residential area; conversion sympathetic, replacing workshop with residential use.
Conservation Area Policy 4 of Laxey and Lonan Area Plan Order 2005
Requires special attention in Conservation Areas to preserve/enhance character per 1991 Act. Works retain features, add slate roof, secure building future, improving appearance.
General Policy 2
Permits development in line with Area Plan if respecting site/surroundings (siting, scale, design), not adversely affecting amenities, character, highways, services. All criteria met: zoning compliant, amenity/parking acceptable, Conservation enhancement.
Environment Policy 35
Permits in Conservation Areas only development preserving/enhancing character, protecting features. Proposal enhances by viable residential use of character building, minimal external changes.
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 drawing no. SM08/171/1 date stamped the 18th August 2008.
Foul sewer connection
The proposed development must be connected to the main foul sewer. NOTE: A Drainage Communication Fee will be payable to the Drainage Authority on this development.
Surface water drainage
There must be no discharge of surface water to the main foul sewer.
Obscure glazing on bedroom window
The window in the northern first floor elevation shall be obscurely glazed, and shall be side hung on its western edge.
Do not oppose
No objection subject to conditions on foul sewer connection and no surface water discharge to foul sewer
Drainage Division and Highways Division raised no objection subject to drainage conditions; Laxey Village Commissioners recommended refusal due to overdevelopment and privacy loss; neighbour objected on privacy and access grounds.
Key concern: overdevelopment of the site and loss of privacy to adjoining property
Department of Transport Drainage Division
Conditional No ObjectionThe proposed dwelling must be connected to the public sewer(s) in a manner acceptable to the Department of Transport Drainage Division.; There must be NO discharge of surface water (including that from roofs and paved areas) from this proposed development to any foul drainage system(s)
Conditions requested: The proposed dwelling must be connected to the public sewer(s) in a manner acceptable to the Department of Transport Drainage Division. 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.; In accordance with the Sewerage Act 1999, a communication fee will be payable to the Department of Transport in respect of this property being connected (directly or indirectly) to the public drainage system.; Under section 4(3) of the Sewerage Act 1999 the applicant must give 21 days notice, in writing, to the Drainage Division, prior to making any communication to the public sewer.; There must be NO discharge of surface water (including that from roofs and paved areas) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Department of Transport Drainage Division and the Sewerage Act 1999.
Highways Division
No ObjectionDo not oppose
Laxey Village Commissioners
ObjectionThe Board recommends refusal of the planning application; The Board considers that the proposals amount to overdevelopment of the site and that the window located overlooking the adjoining property adversely affects the enjoyment of the said occupiers, by loss of privacy.
The original application for conversion of a garage/workshop at 25 Mines Road, Laxey into a dwelling was permitted by the Planning Authority. Neighbour Mr C Prosser appealed on grounds of unacceptable overlooking from a proposed first-floor bedroom window towards No 26 Mines Road. The appellant accepted that obscure glazing and restricted opening would mitigate concerns. The Planning Authority and applicant agreed no unacceptable privacy loss with such a condition, and the Laxey Village Commissioners objected on overdevelopment and privacy grounds. The inspector found no evidence of overdevelopment, agreed the condition would obviate overlooking, and recommended allowing the appeal to impose the condition. The Minister accepted this recommendation.
Precedent Value
This appeal demonstrates that neighbours can successfully challenge permissions on amenity grounds, leading to strengthened conditions; future applicants should proactively propose obscure glazing and restricted openings in sensitive locations to avoid appeals.
Inspector: David Ward
