21 March 2014 · Delegated - Director of Planning and Building Control
Thie Ny Strooan, Hillberry Green, Douglas, Isle Of Man, IM2 6de
Mumba Holdings Limited applied to erect a large detached building (13m high) for a private indoor tennis court, squash court, gymnasium, changing rooms, viewing gallery, and associated facilities, connected to the main dwelling by a timber footbridge and accessed via a new emergency/maintenance vehicular entrance off t…
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The officer concluded the principle of the development is acceptable as the site is designated for residential use and a very similar scheme was previously approved on appeal (PA 13/00423/B), establis…
General Policy 2
Requires development in residential zoning to respect site/surroundings in siting, scale, design, landscaping; not harm amenity, highway safety, character, wildlife, watercourses, or views. Officer assessed the large scale as proportionate to site/dwelling, ancillary use acceptable per prior approval; distances, tree planting, and access restrictions satisfy amenity/highway tests; fleeting public views and modern design appropriate.
Environment Policy 7
Prohibits harm to watercourses without mitigation; requires risk assessment, pollution measures, phasing, and 8m buffer. Part of development crosses watercourse but DEFA requested form for protection; officer noted no adverse impact identified, with prior sewer diversion completed per condition.
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 creation of a private indoor tennis court and associated facilities together with the creation of a new access off the A18 (see condition 5), landscaping and pedestrian links all as shown in drawings X0001, P1001, P1002, P0003, P1003, P3000, X0003, P0004, X0002, P9000, P9001, P2001, P3001 all received on 10th February, 2014 and the development must be undertaken in accordance with these drawings.
Landscaping scheme
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Residential use only
The building hereby approved shall be used only in association with the residential enjoyment of Thie ny Strooan, the dwelling contained within the application site. For the avoidance of doubt no planning approval is hereby granted for the commercial use, or use by clubs, of the building.
Access restrictions
The vehicular access from the Mountain Road hereby permitted shall be used only by vehicles maintaining the building permitted by this approval or by emergency vehicles required emergency access to the application site. Private access to the building permitted by this planning approval shall be achieved only internally to the application site via the Hillberry Green access.
Construction access
Prior to any other works commencing on the site, the access and visibility splays shown on drawing P 0004 shall be constructed and used by all construction traffic.
do not oppose subject to vehicular access used for maintenance purposes only
does not oppose subject to diversion of public sewer
do not oppose the application
Highways Division and Douglas Borough Council raised no objections; Fisheries Division initially expressed concerns about proximity to watercourse but later confirmed no concerns after receiving additional information; a local resident objected strongly on multiple grounds including highways safety, noise, and visual impact.
Key concern: proximity of development to nearby watercourse
Douglas Borough Council
No ObjectionDouglas Corporation have no objection to the proposals listed below.
Highways Division
No ObjectionDo not oppose; Note: The access is for maintenance only and not to be used as the main residential access
DEFA Fisheries
The Department has some concerns regarding this application due to the proximity of the nearby watercourse. To minimise the risk of damage or disturbance to the river and fish populations, any proposed development must be a minimum distance of 9 metres away.
Conditions requested: any proposed development must be a minimum distance of 9 metres away; complete a Development within 9 Metres of Watercourse form
DEFA Fisheries
No ObjectionThere are no concerns on the proposed development, provided there is no impact on the watercourse alongside the property.; The applicant has been in contact with the Department but is asked however to contact DEFA when works are due to commence
Conditions requested: contact DEFA when works are due to commence
The original application (13/00423/B) for erection of an indoor tennis court, squash court, gymnasium, footbridge, and vehicular access was approved by the planning authority on 18 June 2013 despite objections from neighbours including the appellant. The appellant argued the building was too large and visually detrimental, would be used commercially rather than ancillarily, and posed highway safety risks from the new Mountain Road access. The planning authority and applicant maintained it was ancillary to the dwelling, appropriately scaled, and acceptable with conditions restricting use. The inspector assessed character/appearance, residential amenity, and highway safety, finding the proposal compliant with GP2 of the IOMSP, not harmful, and acceptable subject to conditions including an additional highways condition. The appeal was recommended to be dismissed, upholding the approval.
Precedent Value
Appeals against ancillary sports facilities in residential zones can fail if conditioned strictly as private use and supported by highways; demonstrates inspectors prioritise technical assessments (e.g. Highways Division) and site-specific evidence over neighbour speculation.
Inspector: Anthony J Wharton
