8 February 2012 · Minister for Infrastructure (following Planning Committee approval and appeal dismissal)
Plot Formerly 1 And 2, The Promenade, Port St Mary, Isle Of Man, IM9 5da
The proposal is for a three-storey plus dormer building (8m wide x 8.2m deep x 11.3m ridge height) providing two two-bedroom apartments, each with an integral ground-floor garage accessed from The Promenade, and a rear communal yard for bins and oil tanks accessed via a right of way to the public car park.
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
The proposal replicates exactly the building approved under prior applications 05/92286/B (two apartments, extant until 10 Feb 2012) and 05/00558/B (single dwelling), with identical massing, height, f…
General Policy 2
Requires development in line with Area Plan zoning/proposals and other policies, respecting siting/layout/scale/form/design, not harming townscape/amenities/highways/parking, providing services/access. Officer assessed proposal complies despite zoning mismatch (significant weight to prior residential approvals/draft Mixed Use), with safe garage access, minimal amenity harm, townscape enhancement, and parking relaxable near bus centre/public car park.
Environment Policy 35
Permits only development preserving/enhancing Conservation Area character, protecting special features. Site in proposed (not adopted) Conservation Area; officer found traditional design/massing/finish in keeping with Promenade, improving derelict site, thus enhancing area despite draft status/limited weight.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to the erection of a pair of apartments with garaging to replace two demolished properties as proposed in the submitted documents and drawings AT 7873.1 and AT 773.2 received on 6th December 2011.
Garaging prior to occupation
The proposed garaging must be completed for the parking of motor vehicles in association with the occupation of the proposed apartments prior to the occupation of the apartments and thereafter retained for such a use.
Vehicular/pedestrian access details
No development shall commence until details of vehicular/pedestrian access to be provided on site have been submitted to and approved in writing by the Planning & Building Control Division. The agreed access, including the provision of a drop kerb, shall be constructed and completed to the satisfaction of the Department of Infrastructure and made available prior to the first use or occupation of any building as part of the development hereby permitted and shall thereafter be retained in the agreed form.
no objection
no comment on merits; informative note requested
no comment on merits; informative note requested
requested party status due to shared wall; no comment on merits
Multiple consultees responded to application 11/01682/B; Highways and Manx Electricity Authority raised no objections with conditions, DEFA Environmental Health provided advisory requirements, while Port St Mary Commissioners and Port St Mary Business Association objected due to design disharmony, privacy, light loss, and parking impacts.
Key concern: loss of on-street parking increasing pressure in village centre/retail area
Manx Electricity Authority
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority.; See Note 2
Conditions requested: Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application; Contact our Network Operations Department... to discuss working practices around Cables and Overhead Lines; Contact the M.E.A. for Electrical Site Safety 5 documents... before any work is carried out on site. All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6
Highways Division
Conditional No ObjectionDo not oppose subject to the imposition of the following condition
Conditions requested: Applicant shall contact the Network Operations Section of the Department of Infrastructure prior to carrying out any works within the highway, including the installation of dropped kerbs. Telephone 686665.
DEFA Environmental Health
No CommentI have to advise you that the proposed flats/apartments must... comply with the requirements of the Housing (Flats) Regulations 1982 and be registered thereafter under the same Regulations PRIOR to any of the flats being occupied.
Conditions requested: the proposed flats/apartments must, on completion of the intended works, comply with the requirements of the Housing (Flats) Regulations 1982 and be registered thereafter under the same Regulations PRIOR to any of the flats being occupied
Port St Mary Commissioners
Objectionthe Board were concerned at the lack of harmony between all three proposals with all three proposed dwellings having different roof levels.; The loss of these spaces in such an important area of the village is a very undesirable.
Port St Mary Business Association
ObjectionWe would urge the Planning Division to refuse this application in its current format.; The loss of up to 7 car parking spaces would be detrimental to the businesses in the Isle of Man Government designated Regeneration Zone for Port St Mary
Port St Mary Commissioners
No Commentthe above planning applications received today, will not be considered by Port St Mary Commissioners until their next Board Meeting on 13 January 2012.; We would be grateful for an extension on the comment date of 5 January 2012.
The original application for erection of two apartments with garaging to replace two demolished dwellings on Plots 1 and 2, The Promenade, Port St Mary, was approved by the Planning Committee on 8 February 2012 despite objections from Port St Mary Commissioners. The Commissioners appealed, arguing loss of on-street parking, inconsistent roof lines harming the street scene, and other impacts like overlooking and amenity issues. The applicant and Planning Division defended the scheme as identical to previously approved permissions (05/92286/B and others), compliant with policies allowing reduced parking near bus routes, and enhancing the locality in a proposed Conservation Area. Inspector David G Hollis, following written representations and a site visit on 14 May 2012, gave significant weight to prior approvals, found the parking loss acceptable due to nearby public parking and empty spaces, and deemed minor ridge height variations acceptable or even attractive. The appeal was dismissed on 4 June 2012, with the Minister confirming approval on 21 June 2012 subject to amended conditions including garage completion prior to occupation and access details.
Precedent Value
This appeal demonstrates that local authority appellants opposing approvals face high hurdles when schemes match recent permissions; significant weight to extant permissions can override concerns on parking and design in sustainable locations. Future applicants should emphasise continuity with approved precedents and site-specific evidence like observed parking availability.
Inspector: David G Hollis
