28 December 2007 · Planning Committee
Site Of Former Nursery, Lower Dukes Road, Douglas, Isle Of Man, IM2 4bq
The proposal involved building six large two-storey detached dwellings with double garages on a vacant former nursery site in a predominantly residential area of Douglas. Each house type measured around 11.9m x 8.6m with ridge heights of 9.15m, using facing brickwork, reconstituted stone features, and slate-like tiles.…
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The site is zoned predominantly residential in the Douglas Local Plan 1998, and previous approvals (e.g. 05/01772/A for seven houses) established the principle of residential development.
General Policy 2
Requires development to respect site and surroundings in terms of siting, layout, scale, design, landscaping and amenity protection. Officer assessed proposal compliant due to spacious layout, adequate separations (22-24m to neighbours), retained boundaries, and landscaping conditions.
Housing Policy 6
Relevant to housing development; officer implied compliance via zoning and prior approvals establishing residential principle on brownfield site.
Transport Policy 1
Concerns access/traffic; amendments widened access road and plot 4 driveway, according with standards despite initial objection.
Transport Policy 4
Parking standards met with double garages plus driveways for two vehicles per dwelling.
Transport Policy 7
Highways access/visibility addressed by revised plans.
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 erection of six dwellings as shown in drawing numbers P07 Rev. A, P11 Rev. A, P12, P13, P14, P15, P16 and P17 date stamped 16th November 2007, Tree Survey and Letter from Department of Agriculture, Fisheries and Forestry date stamped 31st July 2007, Planning Statement from McGarrigle + Jackson date stamped 31st July 2007.
Materials approval
No development shall take place until samples of the facing, roofing and paving materials to be used 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.
Tree protection during works
No development or other operation shall be commenced on site until adequate steps, which shall have been previously approved in writing by the Planning Authority, have been taken to safeguard against damage or injury during construction works to all trees on the site, or those trees whose root structure may extend within the site. In particular no excavations, site works, trenches or channels shall be cut or pipes or services laid or any other works carried out in such a way as to cause damage or injury to the trees by interference with their root structure and no soil or waste shall be deposited on the land in such a position as to be likely to cause damage or injury to the trees.
Tree/shrub retention
No existing tree or shrub indicated on the approved plans to be retained shall be cut down, grubbed out, topped, lopped or uprooted without the written consent of the planning authority. Any such tree or shrub removed without such consent or dying, becoming seriously damaged or diseased within a period of 5 years from the completion of the development 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.
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 these works shall be carried out as approved. Details of hard landscaping shall include boundary treatment, footpaths and hard surfacing materials and specifying the colour of the entrance gates. The hard landscaping works shall be completed in full accordance with the approved details within 3 months of the first occupation of the dwellings 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 a period of 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.
Access construction
No dwelling 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.
Garages and manoeuvring
No dwelling hereby permitted shall be occupied until the garages 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.
Foul sewer connection
The proposed development must be connected to the main foul sewer.
No objection in principle
Interest expressed, no objection subject to details of finishes
Note received
Note received
Note received
Douglas Borough Council and utilities authorities expressed no objection to application 07/01432/B subject to standard conditions for drainage, electricity, and water connections; Fire Service recommended consultation on fire safety; representations included one objection on density and one neutral comment.
Douglas Borough Council
No ObjectionDouglas Corporation have no objection to the proposals listed below.
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application. Please contact our Network Operations Department... to discuss working practices around Cables and Overhead Lines
Conditions requested: applicant must contact the Authority; condition of planning be that the applicant must contact the Authority
IoM Water Authority
Conditional No ObjectionFor connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, the applicant should contact the loMWA Planning and Projects Section
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
Douglas Borough Drainage
Conditional No ObjectionDouglas Corporation acting as The Agent for the Department of Transport, under the Sewerage Act 1999 has no objection in principle
Conditions requested: The proposed development must be connected to the public sewer(s) in a manner acceptable to the Borough of Douglas Drainage Department and on terms and conditions which must be agreed with the Department prior to the commencement of any building works; developer enter into an adoption agreement with the Division prior to work commencing on site; Full engineering drawings must be submitted for approval, prior to any works commencing on site; percolation test must be undertaken and witnessed by Douglas Corporation; these comments could be incorporated in the approval notice
Isle of Man Fire And Rescue Service
Conditional No ObjectionComments have already been made to Building Control by this department concerning this application. It is recommended the applicant consult with the Fire Safety Department
Conditions requested: the applicant consult with the Fire Safety Department to discuss fire safety issues
The original application for six detached dwellings followed an approval in principle for seven dwellings and addressed previous concerns regarding layout, garden sizes, and overlooking. The Planning Committee approved the detailed application despite objections from neighbours like Mr and Mrs Fayle on grounds of density, cramped plots, visual impact, and access issues. The appellant argued the development was inappropriate, failed to meet prior conditions adequately, and created a congested streetscene. The inspector found the principle of residential development established, assessed the layout as not unduly cramped given urban context and policy for efficient land use, confirmed adequate privacy and separation distances, and concluded no unacceptable harm to character or amenity. The appeal was dismissed with permission upheld subject to conditions.
Precedent Value
This appeal confirms that detailed schemes addressing approval in principle conditions on zoned urban infill sites will be upheld even against neighbour challenges, emphasising efficient use over lowest density. Applicants should ensure revisions demonstrably meet prior conditions and provide realistic visualisations.
Inspector: Neil A C Holt
