9 November 2004 · Planning Committee
4, Brunswick Road, Douglas, Isle Of Man, IM2 3ll
The proposal involved the retrospective removal of part of a traditional dwarf wall in front of a mixed-use building (sub post office, shop, employment agency, and residential) to create hardstanding for two private parking spaces with ramped access from the highway.
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The Planning Committee refused the application because the dwarf wall was a traditional feature demarcating residential curtilage, and its removal would be detrimental to the appearance of the Selborn…
Identification of Special Character
Policy requires preservation of special architectural or historic character of conservation areas, including historic street patterns, property boundaries like dwarf walls, and enclosure spaces. The officer assessed the proposal as harmful because the dwarf wall demarcates traditional residential curtilage, contributing to the area's character; its removal detracts from this.
Planning Policy Statement 1/01 - Policy CA/2 (Conservation Areas)
Proposals affecting conservation areas must consider impact on special character. The removal of the wall and parking was found detrimental to the area's appearance and setting.
No adverse traffic impacts, subject to ramp not constructed within highway and vehicles not overhanging footway
No objection
Douglas Corporation had no objection to the application. DoT Highways initially offered conditional no objection assuming access from Berkeley Street Lane but later objected due to insufficient information, narrow hardstanding causing footway obstruction, and inability to access without pavement encroachment.
Key concern: insufficient information to evaluate proposals, with narrow hardstanding causing footway obstruction and inability to access from adjacent lane
Douglas Corporation
No ObjectionDouglas Corporation have no objection to the proposals listed below.
DoT Highways
Conditional No ObjectionNo adverse traffic impacts, subject to the imposition of the following conditions:; (In reaching this conclusion I have assumed in the absence of proper drawings that vehicles will access the spaces from Berkeley Street Lane, and park nose to tail).
Conditions requested: It will be necessary to provide a ramp to access the spaces from the lane. The ramp must not be constructed within the highway.
DoT Highways
ObjectionHaving revisited the planning application, and site for the requested review it is apparent that the information supplied with the application is insufficient to evaluate the proposals.; Due to the narrowness of the hardstanding it is not possible to park two cars in any angle, even with the bumper of a car up against a wall or hardstanding edge without overhanging onto the footway, resulting in the obstruction of a public footpath.; Accessing the hardstanding would not be possible. It would be necessary to use the lane adjacent to the hardstanding and property however this is too narrow to permit a right angle turning manoeuvre onto the hardstanding.
The original application (04/01867/R) for retrospective approval of removing part of a dwarf wall and creating parking spaces with highway access was refused by the Planning Committee on 4 November 2004, with reasons confirmed on review 10 February 2005, citing detriment to the Selborne Drive Conservation Area's appearance and road safety. The appellant argued mistaken advice from government, poor condition of the wall, precedent from neighbouring property, personal medical needs, and traffic benefits. The inspector acknowledged some points like no highway objection but found the removal of characteristic dwarf walls would detract from the street scene, set a precedent undermining the conservation area, and outweighed personal circumstances. Highway safety concerns were not sufficient alone for refusal. The appeal was dismissed as recommended by Inspector Michael Hurley following a public inquiry on 14 July 2005.
Precedent Value
Reinforces strict protection of characteristic features like dwarf walls in conservation areas; approvals risk undermining designation by setting precedents. Applicants should prioritise restoration and seek permission before works; personal hardship rarely overrides public interest in sensitive areas.
Inspector: Michael Hurley
