23 August 2007 · Planning Committee initially; appeal dismissed by independent inspector John S Turner, confirmed by Mr. D. M. W. Butt, MLC (deputy to Minister)
Brae Villa, Tromode Road, Douglas, Isle Of Man, IM2 5ej
The proposal involved demolishing the existing post-WWI dwelling at Brae Villa and replacing it with a three-storey building containing 11 one-bedroom flats, 14 basement parking spaces, and 3 external spaces.
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The Planning Officer assessed the indicative three-storey block of 11 one-bedroom flats as a 'considerable over-development' with a bulky form close to the highway (6m setback vs existing 5m), side bo…
General Policy 2
Requires development to respect local character and amenity. Officer noted proposal conformed to residential zoning but failed on bulk, scale and green space in this transition area.
Housing Policy 5
Requires 25% affordable housing (min 2-bed, 63 sq m) in developments of 8+ dwellings. Indicative 1-bed flats (55 sq m) could not comply without redesign; Estates Directorate confirmed 3 units needed for first-time buyers under House Purchase Assistance Scheme.
Housing Policy 6
Mentioned but not specifically tested in refusal reasons.
Recreation Policy 3
Requires landscaped amenity space per Appendix 6 (48 sq m per 1-bed dwelling = 528 sq m total). Indicative plans showed no provision for this quantum.
Transport Policy 7
Parking provision (14 basement + 3 external) accords with standards; visibility splays achievable per Highways.
Standard comments / note received
Standard comments / note received
Comments received
Required visibility splays of 2.0 x 90m; later indicated could meet standards
3 affordable homes required (2-bed, min 63 sq m); redesign needed as proposal shows small 1-bed units
Deferred / no comment
Private residents submitted multiple detailed objection letters citing overdevelopment, parking shortages, drainage issues, visibility concerns, and precedent setting, while the Isle of Man Water Authority raised no objection but requested a water supply connection condition.
Key concern: water main susceptible to damage
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; A water main runs along the frontage of the property which may be susceptible to damage due to vehicles passing over it
Conditions requested: applicant must contact the Authority to ensure connection for water supply purposes or amendment to existing supply under Water Supply Byelaws; contact loMWA Planning and Projects Section for multiple connections; discuss protecting the main before construction work commences
The original application 07/01101/A for approval in principle for residential development with 11 one-bedroom flats and parking was refused by the Planning Committee due to overdevelopment, visual impact, inadequate open space, and non-compliance with affordable housing and recreation policies. The appellant argued the site was suitable for apartments due to demand, changing area character, adequate parking and access, and flexibility at detailed stage. The Council defended the refusal emphasizing bulk, character harm, open space deficiency, and affordable housing issues. The inspector found policy conformity partial but unacceptable visual impact from tree loss revealing building bulk and harm to neighbour amenity from traffic and balconies, recommending dismissal.
Precedent Value
Even in residential zones with demand, approval in principle for high-density flats (11 units) replacing single dwelling fails if indicative scheme shows unacceptable visual bulk/tree loss and neighbour amenity harm in suburban family areas. Future applicants must demonstrate tree retention and reduced scale at AIP stage.
Inspector: John S Turner
