17 February 2025
15, Hatfield Grove, Douglas, Isle Of Man, IM1 3he
Appeal against the refusal for demolition of single-storey extension and erection of rear two-storey extension
Registered Building Consent for demolition aspects to PA 24/91338/B
Demolition of single storey rear extension and erection of a replacement single storey rear extension (in association with 24/91337/CON)
Installation of replacement windows and doors and creation of double doors from an existing rear window
Demolition of existing single storey extension and erection of a 2-storey extension to the rear of the property
Registered Building Consent for demolition aspects to 24/91039/B
Demolition of single-storey extension and erection of rear two-storey extension
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The original application for demolition of a single-storey extension and erection of a rear two-storey extension at 15 Hatfield Grove, Douglas, was refused under delegated powers primarily for harm to living conditions at No 17 via overshadowing and overbearing impact, per IMSP GP2(g) and RDG. The appellant argued the design preserves conservation area character, causes minimal additional harm given existing conditions, dismissed rigid application of the 45-degree rule, and cited precedents. The council defended the refusal emphasising the 45-degree breach, flawed sunlight analysis, and poor existing amenities. The inspector found unacceptable harm to No 17's amenities (decisive) and Conservation Area character (considerable weight), rejecting appellant arguments on light mitigation and precedents. The appeal was dismissed on 17 February 2025.
Precedent Value
In dense CA terraces, proposals must preserve exact rhythms/patterns beyond subservient design; neighbour amenity assessed via site visits/internal inspections outweighs guidance flexibility arguments; quantify sunlight impacts seasonally and accept 45-degree as strong indicator unless clearly rebutted.
Inspector: Frances Mahoney MRTPI IHBC
