20 November 2007 · Minister for Local Government and the Environment on appeal
20, St Georges Street, Douglas, Isle Of Man, IM1 1ah
The proposal was for a modern five-storey building (including semi-basement) providing 1400 sq.m net office floorspace and 15 basement parking spaces on a cleared corner site currently used for surface parking, backing onto St George's churchyard.
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The Planning Committee refused against officer advice solely on design grounds, stating the building's design, external appearance, height and massing would not respect the character and appearance of…
General Policy 2
Requires development to respect site/surroundings in siting, scale, form, design; no adverse effect on townscape character or locality amenity. Officer found compliant as design sits comfortably despite modern style; Committee/appeal tested against prominent corner location, finding horizontal emphasis and lack of vertical window emphasis fails to respect locality's traditional features like tall windows and string courses.
Environment Policy 42
Requires design of new development to take account of character/identity of immediate locality. Officer considered visual impact acceptable; Committee found design/appearance/height/massing harmful to visual amenities; Inspector noted varied styles in area with no design brief, no conclusive harm.
Strategic Policy 1
Efficient land use; proposal redevelops brownfield site acceptably.
Strategic Policy 2 - Priority for new development to identified towns and villages
Development strategy; town centre office compliant.
Strategic Policy 3 - To respect the character of our towns and villages
Employment land; zoned office use.
Spatial Policy 5
Town centres; central Douglas location.
Strategic Policy 6 - Major employment-generating development
Infrastructure; parking/travel plan addressed.
Strategic Policy 7
Transport; reduced parking justified.
Strategic Policy 10
Urban regeneration; suitable site.
Business Policy 7
New office floorspace in zoned town centre land.
Business Policy 8
New offices to respect scale/character of nearby buildings and meet parking standards; height/form acceptable to officer, parking relaxed.
Transport Policy 1
Sustainable transport; town centre/bus proximity.
Transport Policy 4
Parking standards; relaxation justified.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this permission.
Approved plans
This permission relates to the erection of a four storey office building with basement car parking as shown in drawing numbers 1020-00, 1020-01, 1020-20A, 1020-21A, 1020-22A, 1020-23A, 1020-24 and 1020-25 date stamped 13 September 2007, Design Statement and Energy Impact Assessment prepared by Hugh Logan Architects dated September 2007, Planning Report prepared by Kaz Ryzner Associates date stamped 13 September 2007.
Travel Plan
The building hereby permitted shall not be used except in accordance with a Travel Plan, which shall include a timetable for implementation, to be submitted to and approved in writing by the Planning Authority.
Tree protection
No development shall take place except in accordance with a method statement for the protection of trees adjacent to the site to be submitted to and approved in writing by the Planning Authority.
Churchyard wall protection
No development shall take place except in accordance with a method statement for the protection of the churchyard wall adjacent to the site to be submitted to and approved in writing by the Planning Authority.
External wall finishes
No development shall take place except in accordance with samples of finishes for the external walls to be submitted to and approved in writing by the Planning Authority.
Car parking provision
The building hereby permitted shall not be used unless the car parking and associated manoeuvring space shown on the approved plans has been provided and thereafter those areas shall be kept marked out and available for use at all times.
No opposition to principle as zoned for office use, but design uninspiring
Multiple consultees responded to planning application 07/01715/A, with objections from Highways Division and Douglas Corporation primarily on inadequate parking and incongruous design, while utilities and drainage raised no objections subject to conditions and consultations.
Key concern: insufficient car parking
Isle of Man Water Authority
Conditional No ObjectionFor single connections to a water main (i.e. a single dwelling) the applicant should contact loMWA Customer Services, tel. 69 59 49
Conditions requested: a 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
Manx Electricity Authority
Conditional No ObjectionContact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.
Conditions requested: a condition of planning be that the applicant must contact the Authority
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 subject to the following.
Conditions requested: surface and foul water drainage from the new development must be separated on site to the rear curtilage boundary and then combine into the existing lateral drainage connection; Details of the drainage layout must be provided to the Borough of Douglas Drainage Department for approval prior to any work commencing on site; Flow calculations for foul and surface water from the new development must be submitted for approval prior to any works commencing on site; if it is found that the existing public sewer serving the existing site is undersized then the upsizing of the sewer must be designed and constructed in accordance with the Department of Transport Drainage Division’s requirements and at the developer’s expense
Highways Division
ObjectionThe ground floor area could be utilised to provide additional parking.
Douglas Corporation
Objectionthe committee agreed to raise an objection on the grounds that the proposed development is out of keeping with the surrounding area and that there is insufficient car parking.
Disability Access Office
No CommentAs the Disability Discrimination Act is hoped to come in soon, The Disability Access Office is available to help you with any enquiries you may have.
Conditions requested: Ensure disabled toilets are 2400mmsq; Ensure the lift handrails all the around and a mirror on the back wall for a wheelchair to see while reversing out
Isle of Man Fire And Rescue Service
Conditional No ObjectionConditions requested: Applicant to consult with the Fire Safety Department to discuss all aspects of fire precautions with in
The original application 07/01715/A for a four-storey office building was refused by the Planning Committee on 20 November 2007 against officer recommendation, citing non-compliance with General Policy 2 and Environment Policy 42 of the Isle of Man Strategic Plan 2007 due to design, external appearance, height and massing harming the locality's character and visual amenities. Appellant argued the area's varied architectural styles support modern design, prior identical designs were not refused on these grounds, officer supported the design, and car parking was appropriately basement-only to preserve streetscape. Inspector found the design respects context despite minor flaws, criticised Council's inconsistent past decisions without full reasons, accepted reduced parking with Travel Plan due to street controls and policy flexibility, and recommended approval with conditions.
Precedent Value
Demonstrates inspectors will overturn design refusals where no policy conflict, inconsistency in Council decisions, and no evidence of harm; future applicants should document officer pre-application support and prior site approvals with similar designs.
Inspector: David Ward
