15 February 2010 · Minister for Infrastructure following appeal Inspector's report
The Old Bakery, 4, Factory Lane, Peel, Isle Of Man, IM5 1hf
The application sought permission for partial removal and alteration of an existing sandstone boundary wall next to a site where a replacement dwelling (previously approved under PA 09/00775/B) was under construction after the original Old Bakery collapsed. The wall separates the site from a private car park.
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The Minister concurred with the Inspector's conclusions that removal of the top brick-built courses on the higher section is 'not contentious and is acceptable' as it involves poor-quality modern bric…
General Policy 2
Requires development to respect surroundings in scale/form/design, not adversely affect townscape character or amenity, incorporate landscape features, provide safe access. Officer assessed amended proposal retains majority of wall, improves stability, removes substandard brick top without harming townscape; private rights issues not material. Inspector/Minister found complied for approved part but overall failed due to Conservation Area harm.
Environment Policy 35
Permits only development preserving/enhancing Conservation Area character, protecting special features. Key test: sandstone wall as characteristic feature. Officer: removal of poor brick top and limited lower section acceptable as majority retained, stability improved, benefits site regeneration. Inspector: lower angled section visually significant, its loss 'detracts unacceptably' and diminishes remedial works value; Minister concurred for refusal.
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 only to the removal of the top, brick-built courses of the higher section of wall, as indicated on the drawing number 66.9 .09 rev . A and date-stamped 30.11.09, and to the capping of the complete length of the wall such as to match as closely as possible the appearance of the original wall as illustrated in the submitted photographs taken in 2004 and 2005.
no objection
approved
Multiple neighbouring residents and Peel Town Commissioners submitted objections to planning application 09/01586/R concerning part removal and alteration of a historic sandstone wall in Peel's conservation area, primarily due to impacts on private property access, right of way i…
Key concern: Loss of 200-year-old sandstone wall in conservation area and creation of illegal right of way over private land
Sarah Lowe
ObjectionThis is a conservation area and, therefore, a sandstone wall of this nature should not be removed.; The wall should be considerably longer and could be viewed clearly when approached from the promenade.; Removing this natural boundary wall will allow them to have an illegal right of way over the private land.; I would like to ask that you reconsider your decision regarding the sandstone wall.
Stephen Iball
ObjectionThere is therefore no right of access over our land, so why is this even being debated?; Far from allowing the applicants to demolish more of the wall, I am asking that the planning committee force them to rebuild to it's original state.; This would re define the boundary line between the properties and resolve this issue.
Peel Town Commissioners
ObjectionI refer to the above and on behalf of Peel Town Commissioners wish to register an objection to the planning application on the grounds that a right of way will be affected.
Peel Town Commissioners
Support09/01586/R Part removal and alteration to existing wall, proposed dwelling Factory Lane, Peel. RECOMMENDED FOR APPROVAL.
Shoprite (Isle of Man) Limited
No CommentThe size of the missing wall as proposed could be used for vehicle and pedestrian access, which could also restrict access to the rear of our property.; The land outside the property wall line is also in private ownership as it has never been adopted by the DOT.
The original application for part removal and alteration to an existing wall associated with a replacement dwelling was approved by the Department of Local Government and the Environment. Mrs Lowe, a neighbouring objector, appealed the approval, objecting primarily to the removal of the lower angled sandstone section of the wall, arguing it was a historic feature contributing to the street scene. The applicants and planning authority defended the amended scheme as a reasonable compromise to stabilise the unstable wall while retaining the majority, preserving or enhancing the conservation area. The inspector found that removal of the short but visually significant lower section would unacceptably harm the character and appearance of the Peel Conservation Area by breaking the visual linkage of the sandstone wall, failing Environment Policy 35. The inspector recommended the appeal be upheld and the application refused.
Precedent Value
This appeal demonstrates that even short sections of traditional boundary walls can be visually critical in conservation areas, with inspectors prioritising statutory preservation duties over stability compromises or practical needs. Future applicants must robustly justify any loss of characteristic features with evidence outweighing harm.
Inspector: G Farrington
