3 August 2007 · Minister for Local Government and the Environment following appeal inspector report
Shop, 67, Derby Road, Douglas, Isle Of Man, IM2 3ea
The proposal involved erecting a single garage with integral living accommodation (three bedrooms, bathroom, lounge, hall, kitchen/dining) on the southern part of the site fronting Oxford Street, abutting No. 16 Oxford Street, with garage doors accessing both Oxford Street and a rear alleyway.
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The application was treated as a fresh proposal for a dwelling and garage despite being described as an 'addition' to prior approval 07/00205/B, as amendments require full re-application.
Housing Policy 6
Requires residential zoned land developed per area plan brief or criteria in para 6.2, encouraging good/innovative design without needless prescription. Officer noted proposal consistent as residential zoning supports housing demand in Douglas.
Transport Policy 4
New/existing highways must accommodate generated traffic/pedestrian journeys safely and per environmental objectives. Assessed acceptable as Highways Division had no objection.
Transport Policy 7
Parking provision per current standards. Garage provides off-street space equivalent to prior approved forecourt; no relaxation needed.
Time limit
The development hereby approved shall be started before the expiration of four years from the date of this decision.
Approved plans
Notwithstanding the description of the proposal stated in the application, the development hereby approved is the erection of a dwelling and garage, as shown in drawing number 0440/PL001 Rev D.
Garage door details
Before the proposed development is started, details of the proposed garage door and its means of opening shall be submitted to the planning authority for approval. The proposed development shall not be implemented other than in accordance with the approved details and the garage door shall not be altered or replaced other than in accordance with those details.
Roof materials
The roof of the building hereby approved shall be finished in dark natural slate.
Lowered kerb/crossover
The dwelling hereby permitted shall not be occupied until a lowered kerb and pavement crossover have been installed next to the vehicular entrance to the site off Oxford Street.
Do not oppose; no highway objection
No objection
Principle of car parking and access from Oxford Street established by previous approval; request appeal dismissed and approval reaffirmed
Douglas Drainage no objection subject to sewer connection conditions; Douglas Corporation no objection; Fire Service recommends smoke detection; one private resident objects to garage access impacting Victorian character.
Key concern: garage exiting onto Oxford Street destroys Victorian look and creates hazards
Douglas Drainage Department
Conditional No ObjectionNo objection in Principle subject to: -; these comments could be incorporated in the approval notice
Conditions requested: The proposed development must be connected to the public sewer in a manner acceptable to the Borough of Douglas Drainage Department; All drainage works must conform to the requirements of the Department of Transports “Manx Sewers for Adoption”; Department (as the drainage Authority) be advised, in advance, of the date of the connection to the public sewer; Development dwelling must be submitted for approval; A communication fee will be payable to the Department of Transport in respect of this drainage connection for each new property; Applicant is required to contact the Drainage Department prior to work commencing on site to discuss this proposed connection
Douglas Corporation
No ObjectionDouglas Corporation have no objection to the proposals listed below
Isle of Man Fire and Rescue Service
Conditional No ObjectionThe installation of mains wired, interconnected domestic smoke detection conforming to BS 5446 : Part 1 : 2000, and installed to conform with BS 5839 : Part 6 : 1995, is recommended
Conditions requested: The installation of mains wired, interconnected domestic smoke detection conforming to BS 5446 : Part 1 : 2000, and installed to conform with BS 5839 : Part 6 : 1995, is recommended in accordance with Section 1 of the Building Regulations 2000 – Approved Document B
T R Devlin
Objectionthis destroys the Victorian “look” of Oxford Street; To have a garage entrance leading out onto Oxford Street creates its own hazards; Might I recommend that the garage exit on the front elevation is lost and windows inserted to which end we will have no objections
Conditions requested: garage exit on the front elevation is lost and windows inserted
The original application for alterations and erection of a garage with living accommodation above an approved scheme was permitted by the planning authority on 3 August 2007. Neighbour Mr T Devlin appealed, arguing the garage door would destroy the Victorian street appearance, reduce on-street parking, and create safety hazards. The applicant (Forest Homes Ltd) and planning authority defended the proposal, noting the principle of parking/access was established by the prior approval and no highway safety objection. The inspector treated the application as a fresh one for a dwelling and garage but considered the extant prior approval as a fallback. He found adverse effects on street scene and highway safety but not significantly worse than the approved scheme, recommending dismissal of the appeal and approval with modified conditions. Precedent appeals on the site showed prior refusals for more intensive schemes but approval for shop conversion.
Precedent Value
Establishes that material amendments require fresh applications but prior approvals serve as strong fallback material considerations; even with acknowledged harms to street scene/safety, proposals not significantly worse than extant permissions can succeed on appeal. Future applicants should secure baseline approvals before seeking variations.
Inspector: Graham F Self MA MSc(Eng) FRTPI
