6 October 2006 · Minister for Local Government and the Environment - on appeal, following Inspector's report
Brewery And Premises, Glen Falcon Road, Douglas, Isle Of Man, IM2 3hr
The proposal involved converting the registered former brewery building into five apartments and a town house, demolishing rear warehouses, and constructing new extensions for six additional apartments with secure undercroft parking at the triangular site at Glen Falcon Road, Murray's Road, and Falcon Street in Douglas…
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The Inspector concluded the proposal was a 'carefully developed approach to a difficult site' that secured long-term retention of the registered building heritage while being appropriate to modern tim…
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This permission relates to the re-development of the site to provide 11 apartments, one town house and provision of secure parking facilities as shown in drawing numbers [listed] date stamped 14th July 2006, Design Statement from Kay Associates date stamped 14th July 2006.
Approved plans compliance
The proposed development shall be carried out in strict conformity with the approved plans.
Access prior to occupation
No residential unit hereby permitted shall be occupied until the vehicular and pedestrian means of access have been constructed in accordance with the approved plans. Those means of access shall thereafter be kept available at all times for their respective purpose.
Parking prior to occupation
No residential unit hereby permitted shall be occupied until the car parking and manoeuvring areas have been provided in accordance with the approved plans, and those areas shall thereafter be kept available at all times for their respective purposes.
Bin storage prior to occupation
No residential unit hereby permitted shall be occupied until the bin storage facilities have been provided in accordance with the approved plans, and those facilities shall thereafter be kept available at all times for their designated purpose.
Car park access
Means of vehicular access to the secure car park shall be from Murray's Road only.
Illuminated bollards approval
No illuminated bollard shall be installed other than in accordance with detailed drawings/specifications to be submitted to and approved in writing by the planning authority, such drawings/specifications to show design, siting, type and level of extent of illumination.
Security shutter approval
No security roller shutter shall be installed other than in accordance with detailed drawings/specifications (including details of colour coating) to be submitted to and approved in writing by the planning authority.
Shutter colour coating
Within one month of the installation of the security roller shutters hereby approved, they shall be colour coated in full accordance with details submitted under condition 9. Any replacement or modification shall be colour coated to match within one month of being carried out.
Landscaping scheme
No development shall take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the planning authority and those works shall be carried out as approved. Details of hard landscaping works shall include boundary treatment, footpaths, driveways and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details within 3 months of the first occupation of the residential units hereby permitted; and all planting shall be carried out in accordance with the approved details in the first planting and seeding seasons following that first occupation. Any tree or shrub which within 5 years from the completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species unless the planning authority gives written consent to any variation.
Photographic survey
No development shall take place until a photographic survey of the buildings exterior and interior has been submitted to and approved in writing by the planning authority.
Materials approval
No development shall take place until samples of the facing, roofing and paving materials to be used shall have been submitted to and approved in writing by the planning authority and these works shall be carried out in accordance with the approved details. The development shall be carried out in accordance with the approved details.
Terrace screening
No dwelling within the extension to the Registered Building shall be occupied unless outside terraces are screened in accordance with a scheme to be submitted to and approved by the Department; the screens shall be maintained as long as the dwellings are occupied.
Do not oppose subject to parking allocation conditions
No objection
No objection in principle
No objection, notes on connections
Waive affordable housing requirement due to registered building constraints
Conversion sensitively successful; modern extension frames building effectively though subjective; reservations on Murray's Road element but overall contrasts form backdrop
Multiple residents, an MHK, and a planning commentator object to the redevelopment primarily due to privacy invasion, traffic congestion, parking inadequacy, and disproportionate scale; utilities and drainage authorities raise no objections but request standard conditions.
Key concern: overlooking and privacy loss to adjacent residents
IoM Water Authority
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes
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; 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
Manx Electricity Authority
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority
Conditions requested: applicant must contact the Authority; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application; Contact Anthony Kinrade or Ian Horsey, Operations and Maintenance Dept, Network Services, Manx Electricity Authority, (Tel. 687705) to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site
Borough of Douglas Drainage
Conditional No ObjectionDouglas Corporation acting as The Agent for the Department of Transport, under the Sewerage Act 1999 has no objection in principle to the above application
Conditions requested: Flow calculations for surface and foul water discharge from the proposed development; A detailed engineering drawing showing the proposed drainage connections onto the public sewer; The proposed connection must comply with the Department of Transport’s ‘Manx Sewers for Adoption’; applicant is required to contact the Borough of Douglas Drainage Department prior to work commencing on site to discuss this proposed connection; A communication fee will be payable to the Department of Transport in respect of this drainage connection; NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s)
Andrew Jessopp
Conditional No ObjectionI do not object to the principle of the application as I believe alternative uses for registered buildings are needed to secure their future. I do not object to the proposed conversion of the main building to apartments but I do have a problem with the proposed design for the remainder of the site.; The application should be refused but without prejudice to a revised application which produces a design more in sympathy with the surrounding neighbourhood.
R P Braidwood MHK
ObjectionThe west wing varies in height between two stories on Falcon Street, to a maximum of four stories, relating directly to the ridge height of that registered building. This is totally out of proportion to the building it is replacing; There are 19 parking spaces incorporated in the development, and these will generate a large number of traffic movements into a street which is one-way, and includes a number of families with young children; proposed 23 metre visible display at its exit
The original application for redevelopment of the former brewery site, a registered building in the Douglas Promenades Conservation Area, was refused by the Planning Committee for impacts on street scenes, conservation area character, registered building setting, and neighbour amenity from dominance and overlooking. The appellant argued the modern extensions provide a positive contrast to the historic building, enhance its setting, relate in scale to surroundings, and include privacy measures like high cill windows. The inspector found the design innovative and appropriate, enhancing the conservation area and registered building setting despite some discordance from Murray's Road, with no actual overlooking or excessive dominance given existing buildings. Appeals allowed subject to conditions including terrace screening.
Precedent Value
Demonstrates inspector support for bold modern extensions to registered buildings in conservation areas where they enhance setting through contrast, provided scale fits context and privacy protected. Future applicants should secure conservation officer backing and use 3D visualisations showing relationships.
Inspector: David Ward BSc(Hons) CEng MICE FIHT
