6 April 2004 · Minister for Local Government and the Environment
Office Store & Premises, Marina Lane, Port Erin, Isle Of Man, IM9 6lb
The proposal involved demolishing a two-storey flat-roofed commercial building (formerly Erin Supplies showroom and store) and replacing it with three terraced three-bedroom dwellings, each with integral ground-floor garage, study/utility, first-floor living areas, and second-floor bedrooms in the roof space, on a cons…
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
The Planning Committee refused as the proposed dwellings' height, scale and site coverage would adversely impact rear occupiers' amenity via close proximity (5m to outlets, 11m to elevations), failing…
Support residential redevelopment principle; no light/privacy issues opposite; existing commercial worse for traffic; setback improves carriageway
Marina Lane residents survey (14/14 support); addresses parking/light/privacy; similar precedents approved
No requirement to appear at review; prior observations noted
No further representation beyond initial objection
No statutory consultee responses are directly provided in the documents; references are made to prior objections from Department of Transport and Port Erin Commissioners on highway and access issues, while Water Authority requests a connection condition.
Key concern: loss of light and privacy to Victoria Square properties from overbearing height and close proximity of dormer windows
Water Authority (IoMWA)
Conditional No ObjectionFor connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, the applicant should contact the loMWA Planning and Projects Section, tel. 695958
Conditions requested: 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 erection of three terraced dwellings with ground floor parking to replace the Erin Supplies building was refused by the Planning Committee on 2 April 2004 and confirmed on review on 28 May 2004, citing inadequate parking provision and adverse impact on amenities due to height, overlooking, and separation distances from rear properties in Victoria Square. The appellant argued that parking concerns were overstated given the site's brownfield nature, local traffic conditions, and precedents; residential amenity impacts were minimal due to level differences, reduced footprint, and town centre context; and the scheme was supported by Marina Lane residents. Supporters echoed these points, emphasising worse impacts from prior commercial use. The inspector acknowledged benefits of residential redevelopment but found parking provision unsatisfactory though not decisive, and concluded the scheme unacceptable due to overbearing impact, loss of outlook, significant overlooking at close distances (under 5m), and loss of open aspect from Victoria Square properties. The appeal was dismissed on 19 November 2004.
Precedent Value
This appeal demonstrates that in constrained town-centre brownfield sites, residential amenity protections (separation, overlooking, outlook) override general redevelopment benefits and parking flexibilities; future applicants must prioritise quantified neighbour distances/heights and consider reduced unit numbers (e.g. two vs three dwellings as officer-suggested).
Inspector: R E Wilson
