1 April 2004 · Minister for Local Government and the Environment
Showroom, Bridge Road, Douglas, Isle Of Man, IM1 5ah
Heritage Homes Ltd proposed demolishing the existing garage buildings and replacing them with a modern 6-storey apartment block containing 73 apartments (plans showed 76) arranged around an internal courtyard, with 123 basement parking spaces accessed from Lake Road.
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The Planning Committee refused the application twice, reasoning that the proposed building's mass and height would be out of scale with existing Inner Harbour buildings, adversely impacting the harbou…
Policy D/R/P1 (Douglas Local Plan)
Douglas Local Plan zones site for predominantly residential use; residential redevelopment supported as per prior approval in principle PA 02/02389/B. Officer report confirms principle acceptable.
Redevelopment Opportunities
Supports residential introduction in Lake Road/River Douglas area; site matches this designation.
Tourism, Leisure and Recreation Policy
Redevelopment should consider pedestrian/cycle link along north river bank to harbour/Steam Heritage Trail; applicant proposed 2m cantilevered path with DoT agreement but Committee found insufficient space.
Open Space Recommendation
Recommends pedestrian links like River Douglas bank path to countryside; addressed via proposed walkway but not secured to satisfaction.
no objection
no further objection after receiving satisfactory hydraulic information
written observations considered sufficient, no need to appear at review
DoT Highways objects due to lack of guaranteed cycleway provision as part of the Douglas-Peel link; Manx National Heritage objects to the scale and design; Douglas Development Partnership supports generally but raises height and walkway concerns.
Key concern: lack of guaranteed cycleway/footpath provision for Douglas-Peel link
Department of Transport Highways Division
ObjectionDoT Highways sole concern with the application as it stands is the cycleway/footpath proposal; the Department's objection must remain, until either: 1) The cycleway section is constructed (subject to a satisfactory design), or 2) Its construction at the developer's expense at some future date can be reliably guaranteed; I attach hereto the formal objection of DoT Highways; Objection: The application does not include a detailed design for the proposed cycleway
Conditions requested: The parking spaces shall be allocated such that every apartment has a parking space; No work shall commence on site until a method statement for the construction of the proposed development has been agreed by the Planning Authority after consultation with the Highway Authority; No unit shall be occupied until the car parking has been completed to the satisfaction of the Planning Authority after consultation with the Highway; The applicant must obtain approval from the Operations Section of the Department of Transport before carrying out any work within the highway; The vehicle footway crossing shall be constructed in compliance with Manx Roads 2; The developer must liaise with Operations Section to agree the footway reconstruction specification
Manx National Heritage
Objectionthis scheme is of inappropriate scale and design for this prominent location; we would have welcomed a more traditional design which complimented neighbouring buildings in form, proportion, massing, scale and finish; recommend that the Committee refuse the application without prejudice to a smaller-scale scheme of more traditional design
Douglas Development Partnership
Conditional No ObjectionI do feel that the mass of the proposed development in its current form would dominate the view westward along the harbour to an unacceptable degree; I am concerned that if the walkway is not specifically required as a condition of this application, it may be very difficult for the developers to be required to provide it in the future; I would urge the planning committee to consider the introduction of conditions relating to the provision of a suitable architectural lighting scheme and the provision of public art
Conditions requested: provision of suitable architectural lighting scheme; provision of public art
Water Authority
No ObjectionPlease see Note (1) and (3)
Conditions requested: the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws
The original application for 76 apartments (revised from 73) on the former Bridge Garage site was refused by Douglas Planning Committee for mass/height issues impacting the harbour character and Conservation Area, and insufficient space for a riverside cycleway. Appellants argued via detailed visual analysis from six approaches that the site required a robust 'gateway' building up to 28-30m AOD to enclose the harbour, with the proposal at 26.1m AOD fitting appropriately; they also committed to the cycleway via legal agreement. The inspector accepted this analysis, finding the design skilfully mitigated mass/height through setbacks, materials and modelling, preserving the Conservation Area's character while enhancing the harbour setting. The cycleway issue was addressed via condition requiring scheme submission. The appeal was allowed with conditions including parking, method statement and cycleway provision.
Precedent Value
Demonstrates that detailed contextual analysis from multiple viewpoints, supported by expert design evidence, can overturn refusals for 'overdevelopment' adjacent to Conservation Areas if scheme enhances setting. Future applicants should benchmark against topography/nearby tall buildings (e.g. Clinch's House) and use modulation to reduce apparent bulk.
Inspector: R E Wilson