25 January 2012 · Delegated - Development Control Manager (Jennifer Chance)
Land Between The River Douglas And, Lake Road, Douglas, Isle Of Man, IM1 5af
The proposal involves constructing a galvanised steel pedestrian bridge spanning the River Douglas, connecting the Nunnery Mills area on Old Castletown Road to the Tesco car park and nearby apartments on Lake Road.
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The bridge provides convenient pedestrian access from Nunnery Mills offices to Lake Road/Tesco without adverse visual impact, as it is designed in accordance with Fisheries and Water Authority recomme…
Environment Policy 3
Presumption against development in open space/woodland areas, particularly loss of woodland. Officer noted site designation but found proposal acceptable as minor infrastructure with no woodland loss and public benefit outweighing presumption.
Environment Policy 7
Advises against development damaging watercourses (inc. 8m buffer). Initially objected by DEFA but satisfied after questionnaire and method statement info confirmed no disturbance.
Environment Policy 13
Against development increasing flood risk. Assessed compliant per Water Authority confirmation of no flooding impact.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved drawings
This permission relates to the construction of a pedestrian bridge as shown in drawings M3699-P2-103-B, M3699-P2-003-A, M3699-P2-002A, M3699-P2-101-B, M3699-P2-104-B, M3699-P2-102-B, M3699-P2-001-A, M3699-P2-105-B all received on 1st November, 2011.
No river disturbance
The bridge must be constructed such that there is no adverse impact on or disturbance to the river, water or banks.
No objection
Complies with earlier advice; minor construction details to be resolved pre-commencement
No objection subject to full method statement and possible site visit
Bridge welcome in principle; thanks developer for providing pedestrian access
DEFA Fisheries initially raised concerns about proximity to watercourse but later confirmed no objection subject to method statement and site visit; other consultees including Manx Electricity Authority, Isle of Man Water and Sewerage Authority, and Douglas Borough Council raised…
Key concern: development within 8m of watercourse not complying with Isle of Man strategic plan (Environment Policy 7d)
DEFA Fisheries
ObjectionAny proposed development must be a minimum distance of 8 metres from the watercourse in order to minimise the risk of damage or disturbance.; Measures must be in place during any construction works to safeguard the nearby watercourse from any run-off and sedimentation.; Therefore the application does not comply with guidance set out in Isle of Man strategic plan (Environment Policy 7d)
Conditions requested: complete the attached questionnaire and return to Fisheries Directorate for review; full method statement forwarded to Fisheries for comment and review well in advance of commencing on site
DEFA Fisheries
Conditional No ObjectionFisheries have no objection to this bridge, and we have received a completed Development within 8 metres Form.; All we will need to see is a full Method Statement in advance of the works starting
Conditions requested: full Method Statement in advance of the works starting; may carry out a site visit to ensure there is no risk of disturbance to the watercourse
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application.; MEA requires 24 hours unrestricted access to the cables in the Public Highway
Conditions requested: applicant must contact the Authority; contact our Network Operations Department (Tel. 687687) to discuss working practices around Cables and Overhead Lines; Contact the M.E.A. for Electrical Site Safety 5 documents (Tel. 687766); All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6
Isle of Man Water and Sewerage Authority
Conditional No Objectionthe drawing on the application is the same as I had seen and is fine from the Authority's point of view from a flooding perspective.; There is a minor issue with the detail construction of the footing and around the sewer but this can be sorted out prior to construction.
Conditions requested: minor issue with the detail construction of the footing and around the sewer to be sorted out prior to construction
Douglas Borough Council
No Objectionthe committee agreed not to raise an objection to the application.
Mr C Thomas
SupportThank you to Mr Gubay/developer for offering to provide this bridge for pedestrian access.; Ramp would make the bridge fully accessible for wheelchairs, families with prams and children on bikes etc.
Conditions requested: Lake Road side steps could be replaced by a ramp; Consideration should also be given to having Old Castletown Road entrance to bridge on wider part of footpath to enhance safety
The original application for erection of a pedestrian link bridge was refused by the Planning Committee, giving considerable weight to objections from the Disability Access Office regarding accessibility for disabled persons, prams, and motorised scooters. The appellant argued for the bridge despite design limitations due to land constraints, highlighting safety issues with road-level crossings opposed by multiple departments. The inspector acknowledged the accessibility concerns but found the bridge would not worsen the current unsafe road-crossing situation and was necessary to avoid delaying a new secondary school at Bemahague Fields. Road-level alternatives were deemed too dangerous due to the busy A18 bend and inadequate footway width. The appeal was allowed, accepting the current design given the constraints.
Precedent Value
This appeal shows that inspectors may allow designs not fully accessible to disabled users if land constraints prevent improvements, the proposal does not exacerbate current risks, and it enables key infrastructure like schools, provided safer alternatives are unavailable.
