31 December 2007 · Minister for Local Government and the Environment
The Arches, Tower Road, Port Erin, Isle Of Man, IM9 6pp
The application sought approval for amendments to prior permissions for alterations and extensions at The Arches, a dwelling in a predominantly residential area. Changes included replacing windows with double doors and Juliet balconies on the southern elevation, adding a solar panel, altering the conservatory roof shap…
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The Planning Committee initially approved the amendments, with the officer assessing that changes like Juliet balconies improved the main building's appearance, the decking did not project closer to T…
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This permission relates to the alterations and extensions shown in drawings S1, PA 1D, 2D, 3C, 4E and 5 all received on 15th October, 2007.
Do not oppose
Multiple neighbouring residents object to the application due to overdevelopment, visual impact, access issues and construction disruption; Port Erin Commissioners oppose on grounds of over intensive development and non-compliance with fire regulations; Isle of Man Fire and Rescu…
Key concern: non-compliance with Fire Precautions (Flats) Regulations 1996
Port Erin Commissioners
ObjectionThe above application was considered by my Commissioners at their Meeting held on the 20th November, 2007. I am directed to inform you the application has been Opposed on the grounds that the development is considered over intensive. It is also noted the plans do not comply with the Fire Precaution (Flats) Regulations 1996.
Isle of Man Fire And Rescue Service
ObjectionRecommend refusal as the proposed flat does not comply with the Fire Precautions (Flats) Regulations 1996, and its layout is inherently unsafe in case of fire as escape is via a habitable room.
Isle of Man Fire And Rescue Service
Conditional No ObjectionThe installation of mains wired, interconnected domestic smoke detection conforming to BS 5466 : 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.
Conditions requested: The installation of mains wired, interconnected domestic smoke detection conforming to BS 5466 : 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.
In AP 06/0014, the Planning Committee approved a re-submission for a two-storey studio and guest accommodation replacing a garage at Headland House (05/01380/B), addressing prior refusals on tree impact and parking feasibility. Neighbour Mrs Brewis appealed citing privacy loss, insufficient information, overdevelopment, and visual impact. The inspector, after site visit, found minimal overlooking, adequate plans, and recommended dismissal to confirm approval. In L01NEW/AP08/0013 (07/01918/B), amendments to prior approvals for extensive alterations/extensions at The Arches were granted despite neighbour objections on privacy, overdevelopment, and piecemeal applications. The inspector found the application defective with inaccurate/inconsistent plans and retrospective elements not declared, preventing proper assessment, and recommended allowing the appeal to refuse permission.
Precedent Value
Appeals against approvals succeed where applications are materially defective (inaccurate plans, undeclared retrospective works) preventing assessment; privacy arguments need site-specific evidence as inspectors prioritise actual overlooking over theoretical; addressing prior refusals thoroughly strengthens defence.
Inspector: Terrence Kemmann-Lane (AP 06/0014); David Ward (L01NEW/AP08/0013)
