19 May 2005 · Minister for Local Government and the Environment following appeal report
Shop, 67, Derby Road, Douglas, Isle Of Man, IM2 3ea
The application proposed demolishing a dilapidated end-terrace shop with flat above at the corner of Derby Road and Oxford Street, replacing it with a three-storey building containing four two-bedroom apartments and four parking spaces, including one on the forecourt.
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The Minister concurred with the inspector's conclusions on the size and form of the building and forecourt parking, finding a new building of the indicated size and form would have an adverse impact o…
no objection to the application
no adverse traffic impacts, subject to imposition of conditions on parking arrangements, access, sight lines, and allocation of spaces
no objection in principle; sketch scheme demonstrates it can be done quite attractively
express interest; condition required to contact authority for water supply connection under Water Supply Byelaws
Multiple consultees provided responses on PA 05/00166/A, with DOT Highways offering conditional no objection, IoM Water Authority requesting standard water connection conditions, Disability Access Office specifying accessibility requirements, SPMC&E initially no objection but later raising concerns, and Douglas Corporation not objecting.
Key concern: Overdevelopment
SPMC&E
Conditional No ObjectionNot in a Conservation Area and the sketch scheme demonstrates that it can be done, quite attractively. No objection in principle, therefore.; In Conservation Area? Is demolition justified? Forecourt parking poor. Overdevelopment.
IoM Water Authority
Conditional No ObjectionSee Note (4)
Conditions requested: a condition of planning be that the applicant must contact the Water 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; For connections to Flats and Apartments the following apply - "Water Supply To Flats And Apartments – Regulations", and if applicable a "Form Of Undertaking In Respect Of Supply Pipes" will be required.
DOT Highways Network Planning
Conditional No ObjectionNo adverse traffic impacts, subject to the imposition of the following conditions
Conditions requested: Parking arrangements on site shall meet the requirements of the Planning Committee after consultation with the Highway Authority.; The access, including the sight lines, shall meet the requirements of the Planning Committee after consultation with the Highway Authority.; The parking spaces shall be allocated such that every apartment has a minimum of one parking space.
Disability Access Office
Conditional No ObjectionApartment blocks should meet the following requirements.
Conditions requested: Where parking is provided, which includes provision for visitors then five percent of unassigned spaces should be designated for disabled parking.; The ground or primary entrance level should include at least one entrance that is accessible to an unassisted wheelchair user.; Any sanitary facilities provided which are accessible to the public should include a disabled toilet.; All public corridors should be of sufficient width and free from obstruction as to allow a wheelchair user to pass other users of the corridor.; The primary entrance to all apartments should be of sufficient width as to be accessible by an unassisted wheelchair user.; Where apartments and/or parking are provided over more than one level then a lift should be provided of sufficient dimensions as to allow an unassisted wheelchair user to enter, turn around and use the controls.
Douglas Corporation
No Objectionthe committee agreed not to raise an objection to the application.
The original application (05/00166/A) for approval in principle to demolish an existing shop and flat and erect four 2-bedroom apartments with parking was refused by the Planning Committee on 6th May 2005, confirmed after review on 5th July 2005, primarily due to the proposed building being dominant and out of character with adjoining terraces (over-development) and unsatisfactory parking provision. The appellant argued the existing building was dilapidated beyond repair, the new design would replicate the existing frontage without dominance, parking would be reduced from current forecourt use, and there were no third-party objections. The Planning Committee defended the refusal on visual impact of a 3-storey building at a 2-storey terrace junction and inadequate parking for 2-bedroom flats, while the Department of Transport sought maximum off-street parking. The inspector, after an inquiry and site visit, concluded that four flats and adequate parking could not be accommodated in a visually acceptable building matching the street scene, particularly due to excessive dormers and intrusive parking options, leading to dismissal of the appeal. The minister concurred with dismissal but noted parking objection should be struck out as unrealistic.
Precedent Value
For Approval in Principle appeals, detailed indicative evidence must robustly demonstrate visual compatibility and parking feasibility matching street character; corner/terrace sites demand precise replication of elevations/fenestration. Future applicants should provide more roof space analysis and non-intrusive parking solutions.
Inspector: John S Turner
