**Document:** Officer Report October 2005
**Application:** 05/01762/R — Retrospective application for the alteration of former nursing home to a single dwelling, including balcony to rear at first floor and oil tank in rear yard. An Appeal was made against refusal for retrospective application for the alteration of former nursing home to a single dwelling, including balcony to rear at first floor and oil tank in rear yard. (a) Change of use to a single dwelling and the retention of all parts of the implemented planning application, listed in paragraph 3(c) to (h), as shown on drawings 01A, 02 (amended) received on the 13 September and the 1 November 2005, except the first-floor balcony at the rear of the property and the modified windows; Approved. and (b) The first floor balcony at the rear of the property and the modified windows; Refused
**Decision:** Refused
**Decision Date:** 2005-12-08
**Parish:** German
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/79380-german-stanley-terrace-christian-alteration-dwelling/documents/1213342

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# Officer Report October 2005

## Planning Report And Recommendations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations P & J Girdler ### Consultations [Table omitted in markdown export] ### Policy

### Officer's Report

The site represents the curtilage of what was formerly the Elm Bank Nursing Home situated on the northern side of Christian Street within an area of Mixed Use on the Peel Local Plan adopted by Tynwald in 1990. The site also lies within the Conservation Area.

Planning permission was sought for the conversion of the building to a private residence - PA 04/1574.

Permission was then sought for the conversion of the building to three apartments, 2 with 2 beds and 1 with 3 (PA 05/0676). This was refused initially for two reasons, relating to inadequate parking and the unneighbourly impact of the new balconies at the rear. At review, this decision was confirmed. No appeal was requested.

Now proposed is the conversion of the building to a dwelling. The elements common to PA 04/1574 are only the usage (as that application did not involve building operations). Now proposed in terms of changes to the building are:

- the closing up of the existing wide access onto Christian Street, leaving access for two vehicles,
- the installation of a balcony on the rear elevation a first floor level: the balcony is to be the full width of the building 2.8m in projection (this has been undertaken),
- reduction of existing rear extension from two storeys to single with new window installed,
- installation of an oil tank atop a stone wall approximately 1m high in the rear yard,
- replacement of existing window on the eastern side of the rear elevation with a door with access onto the balcony and
- erection of fencing atop the wall which forms the boundary with number 37 although this is not shown on the plans.

All of this has been undertaken and the dwelling is being used as such.

The balcony in the previous application, PA 05/0676 was smaller inasmuch as the eastern section stepped back towards the rear wall whereas this is the same depth all the way along until it steps back diagonally at the western edge of the rear annex. Previously balconies were proposed at second floor level: these are not proposed in this latest application.

There is an objection from the residents of number 33, Stanley Terrace who are concerned at the implications for overlooking although they did not object to the previous application for balconies on the second floor and additional windows in the side elevation facing their property.

Views have also been received from the cfo who recommends the installation of domestic smoke detection.

A site visit to ascertain the implications of overlooking for both 33 and 37 would be helpful and also to clarify the position of the fencing which is not shown on the plans.

I visited the site on 26th October, 2005 and stood on the balcony. The effect of the additional height of the railings on the overlooking of the adjoining property is more than is appreciated from the photographs although a closer spacing of the uprights in the fencing would bring about more screening. The rear of number 33 is, however clearly visible from the windows on the first and second floor, moreso than the balcony.

The rear "raised area" was, prior to the works which have been undertaken to it, the base for a cold frame. All that has been done is to lay slabs on top of the concrete, effectively raising it by 10cm.

This proposal differs from the previous one in that there are now no balconies at second floor level and some effort has been made to overcome the overlooking through raising the level of the fencing alongside number 33. However the bringing closer of the uprights may represent some form of

compromise. The fencing alongside the oil tank will be extended to the full length of the wall to screen it completely from number 33.

### Recommendation

Recommended Decision: Permitted

Date of Recommendation: 26.10.2005

### Conditions and Notes for Approval / Reasons and Notes for Refusal

C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This permission relates to the alterations to convert the property to a single dwelling and installation of balcony, oil tank, erection of screen fencing to the rear of the oil tank and the alterations to the access all shown in drawings 02, -04, -05 and the location plan all received on 13th September, 2005.

C 3. The new fencing must extend the full length of the sandstone wall to the rear of the oil tank not part way as shown in the photographs.

C 4. The new gate posts and pillars immediately adjacent to the highway must be lower than 1m in height above ground level to facilitate visibility onto the public highway for drivers of emerging vehicles.

C 5. The fencing at the western end of the new balcony must be amended so that the vertical posts are closer together than shown to ameliorate any overlooking from the new balcony of number 33, Stanley Terrace. A drawing showing this detail must be approved by the Planning Committee and the fencing altered within 6 weeks of the date of this notice as it becomes final.

Decision Made : ...
Committee Meeting Date : ...

## Continuation Sheet

Application No. 05.117.02 Page of

Confirmed revised 24/2/06

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/79380-german-stanley-terrace-christian-alteration-dwelling/documents/1213342*
