26 June 2007 · Minister for Local Government and the Environment (following Planning Appeals Inspector report)
Part Of Summerhill Quarry, Summerhill, Douglas, Isle Of Man, IM2 4pf
The proposal involved demolishing existing single-storey industrial buildings on a site zoned predominantly residential in Douglas and replacing them with apartments above ground-floor car parking, accessed from Summerhill road.
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The Planning Officer recommended refusal because insufficient details were submitted to show the site could be redeveloped residentially without impacting adjacent properties or providing safe access,…
Environment Policy 26
Requires no development on/near contaminated land unless no unacceptable risk to health/property/watercourses demonstrated. Officer noted evidence of oils/chemicals but conceded condition could require report prior to details; Inspector agreed minor scale allows condition.
Transport Policy 4
Requires highways serving new development to accommodate generated journeys safely. Access failed as visibility splays unachievable due to bend/boundaries, no traffic comparison or redesign evidence.
Transport Policy 7
Requires parking per current standards. No apartment numbers given, so parking/traffic unassessable.
Environment Policy 27
Prohibits development on/near contaminated land without no-risk demonstration. Similar to ENV26; addressed via potential condition.
Environment Policy 36
Permits development near Conservation Areas only if no detrimental effect on views. Site adjacent Douglas Promenade CA; no detailed design to assess.
Housing Policy 5
Requires 25% affordable housing for 8+ dwellings on zoned residential land. Applicable if proceeds but no unit numbers submitted.
Housing Policy 6
Zoned residential development per area plan brief or para 6.2 criteria. Principle acceptable per zoning but details lacking.
Do not oppose subject to conditions: parking per Manx Roads 1, 2m x 90m sight lines, 4.1m wide access/driveway, lower/remove front boundary wall to 1m, install kerbs
No objection in principle subject to note on sewer connection and no surface water to foul sewer
Do not object to principle of redevelopment; recommend surveys for protected species (lizards, bush crickets, nesting birds) prior to detailed application
no objection - note on water supply to flats/apartments regulations
no objection - note on underground cables/overhead lines and electricity supply consultation
note to consult Fire Safety Department re Fire Precautions (Flats) Regulations 1996
IoM Water Authority and Manx Electricity Authority both provided conditional no objection responses requiring contact for utility connections; multiple local residents and the Society for the Preservation of the Manx Countryside & Environment objected citing traffic safety, priva…
Key concern: traffic safety risks from blind corner entrance on busy Summerhill road
Isle of Man 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: condition of planning be that 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; 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 ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application
Conditions requested: applicant must contact the Authority; contact our Network Operations Department, Manx Electricity Authority, (Tel. 687687) 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; Contact the M.E.A. for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application
Society for the Preservation of the Manx Countryside & Environment
ObjectionThe Society OBJECTS
Andrew Jessopp
Objectionthe application should be refused
The original application (06/02198/A) for approval in principle was refused by the Planning Committee on 24 June 2007 due to insufficient details on residential redevelopment feasibility, impacts on adjacent properties, safe access, and potential land contamination without a remediation report. The appellant argued that adequate information was provided for an approval in principle, access was acceptable per Highways Division, contamination could be conditioned, and the proposal complied with residential zoning and the Isle of Man Strategic Plan. The Council defended the refusal citing lack of detail on building layout, access visibility splays, traffic generation, and contamination risks. The inspector accepted residential use in principle and contamination could be conditioned but found insufficient evidence on access safety compared to existing use, recommending dismissal. The appeal was dismissed on 1 October 2007.
Precedent Value
Even on suitable sites, approvals in principle including access require evidence that development won't worsen highway safety vs existing use, including traffic generation and visibility mitigation. Future applicants must provide comparative traffic data and access redesign options at AoP stage for constrained urban sites.
Inspector: Andrew D Kirby RD* MA MSc FRTPI
