2 September 2014 · Minister for Infrastructure (Hon P A Gawne MHK) on appeal, confirming Planning Committee approval
Garage, Berkeley Street Lane, Douglas, Isle Of Man, IM2 3rn
The site comprises two areas of existing dilapidated workshop/storage buildings in a predominantly residential part of Douglas within the Selbourne Drive Conservation Area, surrounded by terraced housing.
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The officer described a 'finely balanced assessment' where existing non-conforming storage/workshop use (70-80 years) could lawfully continue without permission, but proposal improves site by reducing…
Strategic Policy 1
Requires optimising previously developed land/redundant buildings. Officer noted proposal reuses brownfield site, reduces floorspace, adds parking/infrastructure use.
Strategic Policy 4
Protect/enhance Conservation Areas, landscape, avoid pollution. Inspector found proposals improve dilapidated area, no unacceptable pollution/disturbance.
Spatial Policy 5
Design positive contribution. Officer/inspector: design developed with Conservation Officer, materials/form/scale acceptable preserving CA character.
General Policy 2
No adverse amenity/traffic/safety impacts. Finely balanced: conditions mitigate overlooking/noise/traffic; highways low impact; outweighs perpetuating non-conforming use.
Environment Policy 4
Protect species/habitats e.g. bats. Condition requires pre-works bat survey; applicant 30-40yr knowledge no bats but DEFA advice followed.
Environment Policy 35
Preserve/enhance CA character. Existing derelict unlisted; new render/stone/uPVC improves back lanes, catalyst for area enhancements.
Business Policy 7
Offices in centres/zones; exceptional. Non-conforming but ancillary to light industrial/storage on existing site.
Business Policy 8
Offices respect scale/character, parking standards. Heights/mass similar, parking meets/reduces on-street demand.
Transport Policy 7
Parking per standards (1/30sqm light ind). 6 spaces adequate vs requirement ~6-9sqm; surveys confirm low traffic impact.
Planning Policy Statement 1/01 - Policy CA/2 (Conservation Areas)
Impact on CA special character. No specific appraisal refs; proposals preserve/enhance.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Operating hours
None of the buildings hereby approved may be used other than between 0800hrs to 1800hrs Monday to Friday; 0800hrs to 1300hrs on Saturdays with no working on Sundays or Public or Bank Holidays. Reason: To minimise the potential impact through the use of the buildings on those in residential properties close to the site.
Obscured glazing
All windows shown in the approved drawings as being fitted with obscured glazing must be fitted with glass which is obscured to Pilkington Level 5 or equivalent and retained as such unless otherwise approved by the Department. Reason: To minimise the impact on the privacy and amenities of those in residential property adjacent to the site.
Bat survey
Prior to the commencement of any works, including and particularly dismantling or demolishing any of the existing fabric, there must be submitted and approved by the Department a bat survey undertaken by a suitably qualified person which includes measures to deal appropriately with any bats or roosts which are found. Reason: To accord with Environment Policy 4 of the Strategic Plan.
Use restrictions
The ground floor of the approved buildings may be used only for storage or light industrial purposes as defined in the Strategic Plan and the upper floors used only for offices ancillary to the operations being carried out on the ground floor of either or both buildings. The car parking may only be used for the parking of vehicles associated with the approved development during authorised working hours on this site by those working within the application site. Reason: For the avoidance of doubt as these are the uses which have been applied for and also in the interests of residential amenity and highway safety.
no objection
no objection: adequate car parking/loading; removes vehicular/pedestrian access from narrow unsuitable Berkeley Street Lane
no objection subject to light industrial not causing noise/fumes affecting residential
Highway Services Division assessed the proposal and concluded no material impact on highway safety or capacity, recommending no objection. No other statutory consultees responded; included documents are public representations objecting on highways, residential amenity, conservation, and safety grounds.
Highway Services Division
No ObjectionThese numbers are very low and are not likely to have a material impact on the capacity or highway safety of the network.; Do not oppose.; The conclusion reached in my original report is still valid.
Highway Services Division
No ObjectionHaving considered all the issues raised in the objectors' letters... I submit that the conclusion reached in my original report is still valid.
Highway Services Division
No ObjectionThis application provides adequate car parking and loading facilities for the proposed use... Do not oppose.
The original application for demolition and replacement of light industrial units with ground floor storage and first floor offices was approved by the Douglas Planning Committee despite the site's location in a predominantly residential conservation area. Neighbours (appellants) challenged the approval on grounds of highway safety, parking, residential amenity, overlooking, and harm to conservation area character. The inspector found the principle of non-residential use acceptable given historical mixed uses, concluded the proposals would enhance the conservation area, have acceptable impacts on living conditions with conditions, and no material highway safety issues based on traffic surveys. The inspector recommended dismissing the appeal to uphold the Committee's decision, and the Minister concurred, confirming the approval subject to conditions.
Precedent Value
Appeals against approvals in mixed historic urban areas can fail if technical evidence shows immaterial impacts and improvements to derelict sites; existing lawful non-conforming uses set strong baseline for redevelopment comparisons.
Inspector: Anthony J Wharton BArch RIBA RIAS MRTPI
