28 July 2015 · Director of Planning and Building Control (Michael Gallagher)
Warehouse And Store, Falcon Cliff Terrace Lane, Douglas, Isle Of Man, IM2 4ax
The site currently holds a large brick warehouse with lock-up garages in a courtyard surrounded by residential properties, designated as an 'Area of Predominantly Residential Use'. The proposal replaces these with a horseshoe-shaped block of eight apartments over 1.5-2 storeys (20m wide, 30m deep, 8.2m ridge height), f…
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The site is zoned 'Area of Predominantly Residential Use', making residential development acceptable in principle and an improvement over existing non-conforming warehouse/garages.
Strategic Policy 1
Requires optimising previously developed land, efficient site use with access/landscaping/amenity, and utilising infrastructure. Officer assessed proposal optimises redundant warehouse/garages in residential area with parking, communal gardens, retained trees.
Strategic Policy 2 - Priority for new development to identified towns and villages
Locates new development primarily in existing towns/villages. Douglas urban site complies as infill in residential-zoned courtyard.
General Policy 2
Permits zoned development respecting site/surroundings in siting/scale/design/landscaping/amenity, without adverse highway/traffic/resident amenity impacts. Detailed tests on neighbour amenity (distances/screening), visual fit (mixed styles), highways (no-objection), landscaping passed; prior non-residential refusals contrast.
Housing Policy 5
Requires 25% affordable housing for 8+ dwellings in residential areas. Two units required, addressed via conditioned Section 13 agreement with shared equity scheme.
Housing Policy 6
Residential development per area plan brief or criteria. No specific brief, but innovative design encouraged and found compliant.
Environment Policy 42
New development to reflect local character/identity, no inappropriate backland or green space loss. Courtyard infill not backland; varied area styles accommodate contemporary scheme; open spaces enhanced via communal gardens.
Transport Policy 4
Highways to safely accommodate generated traffic per environmental objectives. Assessed via traffic survey vs prior use; Highway Services no-objection despite parking reduction.
Transport Policy 7
Parking per current standards (16 spaces required). 12 provided accepted due to circumstances (location, prior traffic); conditions secure spaces/allocation.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Landscaping scheme
No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Planning Department and these works shall be carried out as approved. Details of the landscaping works include details of the entire northwest boundary of the site showing the erection of a fence and/or landscaping 2.5 metres in height and this be completed before the occupation of any of the units and retained thereafter. All further 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 dwelling, 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. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of any of the proposed apartments hereby permitted.
Arthur Bell Estate parking
Prior to any development of the apartment building, including demolition of the existing buildings on the site, the three Department of Health and Social Care parking spaces as identified on drawing SC1287/P/10-01 REV B are required to be completed and retained for use by the occupants of Flats 1-6 of The Arthur Bell Estate.
Apartment parking completion
Prior to the occupation of any of the approved apartments all parking spaces as identified on drawing SC1287/P/10-01 REV B are to be completed and retained thereafter.
Parking allocation
One parking space is required to be allocated to each apartment and retained to that apartment thereafter.
Materials approval
No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including windows and doors, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.
Refuse storage
The development hereby approved shall not be commenced until details of refuse storage have been submitted to and approved in writing by the Department. The development shall not be occupied until the refuse storage has been provided in accordance with the details so approved, and shall thereafter be retained solely for this purpose.
Highway improvements
Prior to the commencement of any works a full detailed scale plan should be submitted to and approved by the Department which details how the area of Falcon Cliff Terrace Lane which fronts parking spaces of the apartment building is to be improved including; pedestrian access along Falcon Cliff Terrace Lane to the site - the provision of continuous footway to the site and to provide a pedestrian access from Falcon Cliff Terrace Lane to the site. This approved plan and scheme is required to be implemented prior to the occupation of the apartments.
Tree protection
No site works or clearance shall be commenced until protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) have been erected around any existing trees and other existing landscape area. Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works.
No objections, minor alterations easily addressed
No comments on merits, request informative note
No comment on merits, request Interested Party status
Manx Utilities expressed interest and requested standard conditions regarding underground cables and electricity supply; Douglas Borough Council objected due to insufficient parking; multiple local residents objected citing privacy loss, traffic congestion, parking issues, and noise.
Key concern: insufficient parking provision
Manx Utilities
Conditional No ObjectionThere are underground cables/overhead lines present in the area indicated in you planning application.; The 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.
Conditions requested: applicant must contact the Authority; contact Network Operations Department (Tel. 687687) to discuss working practices around cables and overhead lines which may be required to be diverted before any work can be carried out on site; Contact the Manx Utilities for Electrical Site Safety 5 documents (Tel. 687766) 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; Contact the Manx Utilities, Planning Department (Tel. 687781), to discuss the electricity supply for this application; Manx Utilities requires 24 hours unrestricted access to the cables in the public highway
Douglas Borough Council
Objectionthe Committee agreed to raise an objection on the grounds that the Committee believes there is insufficient parking provision.; there are no grounds for an exemption from the requirement to provide two parking spaces per property as contained in Parking Standards (Appendix 7) of the Isle of Man Strategic Plan.
Original application 08/1571/B for 5 townhouses, one maisonette and one apartment replacing warehouse and garages was refused by Planning Committee on 18 December 2008 for reasons including poor design out of character with locality, inadequate separation causing overlooking and privacy loss, insufficient amenity space, and access issues. Appellant argued for mews-style regeneration on brownfield land with reduced standards. Inspector found design failed to respect surroundings especially at southern end, unacceptable overlooking to Upper Dukes Road properties contrary to GP2, inadequate private amenity space for family homes, and unsatisfactory access via unadopted lane without improvement proposals, recommending dismissal on 27 May 2009. Separately, appeal AP12/0025 for retrospective martial arts club use was refused due to insufficient parking and highway impacts; inspector agreed, citing unsafe narrow unadopted access and noise disturbance to residents despite low numbers, recommending dismissal on 4 May 2012.
Precedent Value
Demonstrates strict application of GP2 for design/amenity even on brownfield backland; no 'rule of thumb' overrides policy; unadopted lanes must be improved for residential/non-conforming uses; future applicants must propose access upgrades and robust neighbour mitigation.
Inspector: David Ward (09/0005), Ruth V MacKenzie (AP12/0025)
