23 May 2014 · Council of Ministers
Highway Refurbishment, Section Of, Derby Road, Peel, Isle Of Man, IM5 1hh
The proposal involved resurfacing and realigning the carriageway and footpaths on a one-way arterial route (A20) in Peel's built-up area, with a pinch-point narrowing marked by granite setts, two pedestrian crossings with tactile paving and bollards, an extended bus bay for two buses, a temporary curved bus shelter, wi…
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The independent Inspector assessed three main issues: Conservation Area impact, highway safety/convenience, and residential amenity at 10 Mona Street.
Environment Policy 35
Requires development in Conservation Areas to preserve or enhance character/appearance and protect special features. Inspector assessed the scheme replaces 'mundane' utilitarian surfaces with high-quality stone/granite materials, visual contrasts at crossings, innovative lighting, and gateway features complementing stone walls, creating an 'attractive and distinctive streetscape' appropriate to adjacent civic buildings and town centre approach.
General Policy 2
Requires development to respect site/surroundings and avoid unacceptable impacts on road safety/traffic flows or townscape character. Proposal respected locality by enhancing townscape without harm, provided safe carriageway widths/pedestrian facilities (no Highways objection), and balanced transport/amenity aims despite limited residential harm from permissible bus bay.
Time limit
The development hereby permitted shall commence before the expiration of 4 years from the date of this notice. (Reason: To comply with article 14 of the Town and Country Planning (Development Procedure Order)(No 2) 2013 and to avoid the accumulation of unimplemented planning approvals.)
Approved drawings
This approval relates to the highway works shown on Drawing Nos. PH01/P01 Rev A, PH01/P02 Rev A, PH01/P10 Rev G and PH01/P11 Rev C, all received on 6 January 2014, and the development must be undertaken in accordance with these drawings. (Reason: for the avoidance doubt and to ensure that the development is carried out as approved.)
Bus shelter removal
If a scheme for the introduction of a lych-gate entrance to the Cathedral is implemented, the bus shelter hereby approved must be removed from the site prior to this new entrance to the Cathedral site becoming available for use. (Reason: To facilitate the bringing into use of the proposed lych-gate entrance to the Cathedral.)
recommended the proposal for approval
no objection on the basis of a development control assessment made by an officer not involved in the Department’s project team
Highways Division and Peel Town Commissioners both stated 'Do not object' or 'RECOMMENDED FOR APPROVAL' to the highway reconstruction works on Derby Road, while local resident Andrew Spencer submitted detailed objections citing noise, fumes, privacy loss, and traffic safety concerns from the expanded bus stop.
Key concern: increased noise, fumes and privacy loss from expanded bus stop closer to residential property
Highways Division
No ObjectionDo not object
Peel Town Commissioners
SupportRECOMMENDED FOR APPROVAL
Andrew Spencer
ObjectionI am writing to inform you of my objection to Planning Application 14/00003/B; I have grave concerns with the plans as it will move the buses even closer to my property; The World Health Organisation highlights both of these situations as two groups who are particularly susceptible to the effects of noise and the stress caused by broken sleep; I would request a traffic study survey is carried out as well as measuring equipment to monitor noise, vibration and pollution
Conditions requested: request a traffic study survey; measuring equipment to monitor noise, vibration and pollution; consider moving bus stop further down the road; consider removal of pinch point/traffic calming narrowing
The original application by the Department of Infrastructure sought permission for road refurbishment on Derby Road, Peel, as Phase 1 of the Peel Regeneration Project, involving resurfacing, footpath repaving, bus bays, traffic calming, and street furniture. It was referred to the Council of Ministers under Section 10(1) of the Town and Country Planning (Development Procedure) Order 2005 due to the applicant's status. Appellant arguments emphasized regeneration benefits, Conservation Area enhancement, pedestrian safety, and transport integration, supported by the Highway Authority and Peel Town Commissioners. Third-party objections from Mr Spencer focused on residential amenity impacts from noise, fumes, and vibrations near his home at 10 Mona Street. The inspector found the scheme lacked a comprehensive and cohesive approach, failing to adequately balance regeneration, residential amenity, and Conservation Area policies, with concerns over bus shelter integration, material choices, and unresolved alternatives. The inspector recommended non-approval, citing non-compliance with GP2, EP35, and EP22.
Precedent Value
This appeal emphasises that public realm schemes in Conservation Areas must demonstrate a fully cohesive, comprehensive design balancing regeneration, amenity, and policy from outset, with reasoned engagement on alternatives even if highways-permitted; pilot projects require detailed specifics over general principles to avoid refusal recommendations.
Inspector: Alan Langton
