12 February 2013 · Minister for Infrastructure (appeal decision confirming Planning Committee refusal)
6, Sydney Street, Douglas, Isle Of Man, IM1 3jb
The site is the rear annex of 6 Sydney Street, a Victorian terrace property on the corner with Oxford Street in Douglas, currently in a neglected state with a part two-storey/part single-storey outbuilding including a garage accessed from a rear lane.
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The independent Inspector at the appeal inquiry concluded the proposal would cause substantial harm to the character and appearance of the Oxford Street street scene, where pitched roofs dominate amon…
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale/design, not adversely affect townscape character or locality amenity, provide safe access/adequate parking/manoeuvring, and avoid unacceptable road safety/traffic effects. Officer assessed proposal fails (b)/(c) due to inappropriate design/loss of boundary wall harming street scene character, and (h)/(i) due to manoeuvring risks despite Highways support; Inspector agreed on (b)/(c) harm overriding no-harm on highways.
Environment Policy 42
Requires new development in settlements to respect local character/identity in buildings/landscape features, prohibiting inappropriate backland development or removal of amenity spaces. Officer/Inspector found proposal fails by dominant garage door, projecting flat roof discordant with pitched-roof streetscene, and wall/railings loss altering site appearance in Victorian terrace locality.
Transport Policy 7
Requires parking per Appendix 7 standards. Assessed on reduced 1 space/dwelling basis due to site constraints/public transport; proposal provides 2 spaces for 2 dwellings matching extant approval, with Highways acceptance despite access change from lane to street.
Do not oppose subject to condition requiring contact prior to highway works; reversing acceptable as common in residential areas; improves safety by breaking on-street parking; garage for parking not storage; good visibility and pavement width.
no objection
interest noted; contact required re cables/overhead lines and electrical supply
Multiple resident objections raise concerns about street scene harm, inadequate amenity space, highway safety, and parking loss; statutory consultees including Highways Division, Douglas Corporation, and Manx Electricity Authority raise no objections with minor conditions.
Douglas Corporation
No ObjectionDouglas Corporation have no objection to the proposals
Highways Division
Conditional No ObjectionThe highways department do not object to the proposals or the reversing out onto the road.; For clarification the Highways Division never advocates reversing onto a highway and always recommends that a vehicle is reversed into a garage and driven out in forward gear.; The Division has assessed the car parking provision on the basis of 1 space per unit.
Conditions requested: The garage is to remain available for the parking of 1 vehicle per property and should not be used for any other purpose.
Andrea Georgeson, Highways Division
No Objectionthis proposal actually provides off road parking which is what is required by Highways.; By removing the "on" street parking, this actually improves road safety
Conditions requested: the garage would have to be used for the parking of vehicles, and not storage
Manx Electricity Authority
Conditional No ObjectionSee Note 2; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.
Conditions requested: Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.
The original application 12/01640/B to alter and extend a rear annex to form a dwelling with garage was refused by the Planning Authority primarily for adverse impact on the street scene and highway safety. The appellant argued precedent from prior approvals, no loss of on-street parking, and acceptable highway arrangements. The Council defended the refusal citing conflict with General Policy 2 and Environment Policy 42 due to the flat roof, garage door, and wall removal. The inspector found substantial harm to the character and appearance of the street scene from the prominent garage door and projecting flat roof, outweighing no significant highway safety harm, and recommended dismissal. The Minister accepted the recommendation and upheld the refusal on 4 June 2013.
Precedent Value
This appeal demonstrates that even in non-conservation urban terraces, prominent modern features like large projecting flat-roofed garages can outweigh highway benefits and cause refusal under GP2 and EP42. Applicants should prioritise designs aligning with prevailing pitched roofs and avoid dominant garage doors visible from street.
Inspector: Stephen Amos MA (Cantab) MCD MRTPI
