8 December 2005 · Minister for Local Government and the Environment following appeal inspector report
Elm Bank House, Stanley Terrace, Christian Street, Peel, Isle Of Man, IM5 1np
The site is a three-storey former nursing home in Peel's Conservation Area, converted retrospectively to a single dwelling with changes including closing up wide street access for two-car forecourt parking, reducing rear extension to single storey, installing an oil tank on a 1m wall with raised patio, new dummy garage…
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The independent inspector assessed the sole contentious element - the 2.8m projecting first-floor balcony - finding it would cause 'an unacceptable degree of overlooking of the neighbours' gardens' pa…
General Policy 2
GP2(b) requires development to respect the site and surroundings in terms of form, design and spaces around them. Inspector found other works respected this and enhanced the Conservation Area, but balcony failed by harming neighbour amenity through overlooking and noise in the tight urban layout.
Environmental Policy 39
Requires development in Conservation Areas to preserve or enhance character/appearance. Inspector noted all works except balcony are 'high standard' enhancing the building's status; changes limited to rear/internal, replacing unsightly fire escape.
Paragraph 9.15, Planning Circular 6/89
Seeks enhancement of Conservation Area by positive schemes. Appellant argued conversion brings planning gain; inspector agreed other works achieve this.
Paragraph 9.16, Planning Circular 6/89
Requires alterations sympathetic to existing building/setting. Rear changes (except balcony) deemed appropriate as limited to rear.
Balcony removal and window replacement
The balcony which has been refused approval shall be removed and all visible signs of the fixings to the walls removed and made good, and the doors on the first floor which give access to the balcony shall be replaced by sash windows in keeping with the windows on the first-floor of the dwelling within 3 months of the date of this decision.
Highway visibility - boundary wall and access
The new boundary wall and pillars adjacent to the off-street parking area shall be less than 1.0 metres in height to facilitate visibility onto the public highway and the access shall be not less than 5.2 metres wide.
accepted the present proposal subject to entrance widening slightly and front boundary walls less than 1.0m height for highway visibility
recommended for approval
smoke detectors recommended (no objection)
Highways Division raised no objection subject to a condition on boundary wall height for visibility; Fire and Rescue Service recommended smoke detection installation; neighbours Josephine O'Riordan and Peter/Julie Girdler objected strongly to the balcony due to loss of privacy and overlooking.
Key concern: loss of privacy due to balcony overlooking neighbouring gardens and properties
DOT Highways Division
Conditional No ObjectionNo adverse traffic impacts subject to the imposition of the following condition(s); In the interests of road safety.; NB: The driveway should be widened slightly to facilitate easier access and egress.
Conditions requested: The new boundary wall and pillars adjacent to the off street parking area must be less than 1.0 metres in height to facilitate visibility onto the public highway.
Isle of Man Fire and Rescue Service
Conditional No ObjectionThe installation of mains wired, interconnected domestic smoke detection conforming to BS 5446 : Part 1 : 2000, and installed to conform with BS 5839 : Part 6 : 1995, is recommended
Conditions requested: The installation of mains wired, interconnected domestic smoke detection conforming to BS 5446 : Part 1 : 2000, and installed to conform with BS 5839 : Part 6 : 1995, is recommended in accordance with Section 1 of the Building Regulations 2000 – Approved Document B
Isle of Man Fire and Rescue Service
Conditional No ObjectionThe installation of mains wired, interconnected domestic smoke detection conforming to BS 5446 : Part 1 : 2000, and installed to conform with BS 5839 : Part 6 : 1995, is recommended
Conditions requested: The installation of mains wired, interconnected domestic smoke detection conforming to BS 5446 : Part 1 : 2000, and installed to conform with BS 5839 : Part 6 : 1995, is recommended in accordance with Section 1 of the Building Regulations 2000 – Approved Document B
Josephine O'Riordan
Objectionthe balcony is at an angle directly overlooking my back yard; I have enjoyed privacy in that respect for the time I have lived here and feel that this has been taken away from me; Should my permission have been sought for the erection of this balcony as it is supported by the gable end of my house?
Peter and Julie Girdler
ObjectionThis balcony now gives us no privacy in our garden.; visitors were looking into all the rear rooms of our house, especially the bathroom.; not being a structural engineer I do not know if the type of fixing will stand up to the prevailing south westerly gales.
Peter and Julie Girdler
Objectionit gives an idea of the overpowering view there is from the balcony destroying our privacy.; If ever we decided to sell our property it would probably be devalued because of this.
The original retrospective application (05/01762/R) for converting a former nursing home in Peel Conservation Area to a single dwelling, including a first-floor rear balcony and other alterations, was refused by the Planning Committee primarily due to the balcony's unneighbourly overlooking of adjacent properties. The appellant argued the works enhanced the dilapidated building, brought economic life to it, minimised neighbour impacts through liaison and fencing, and that overlooking was marginal compared to existing windows and prior fire escape landings. The inspector found no objections to the change of use or other works, which enhanced the Conservation Area, but concluded the balcony would cause unacceptable overlooking during entertainment use and potential noise/disturbance. A split decision allowed the change of use and elements 3(c)-(h), dismissed the balcony and doors, and imposed conditions for removal and highway improvements.
Precedent Value
Demonstrates inspectors will split decisions on retrospective apps, allowing beneficial works while refusing harmful elements like balconies causing overlooking/noise in dense areas. Future applicants should prioritise neighbour amenity with robust mitigation (e.g. denser screening) and avoid implementing contentious features pre-permission.
Inspector: John S Turner
