29 July 2008 · Planning Committee
Factory And Premises, South Quay, Douglas, Isle Of Man, IM1 5ax
The site is a former factory on South Quay zoned for residential use, backing onto elevated properties on Douglas Head Road separated by a sandstone wall. The proposal involved demolishing the existing light industrial building and constructing a 5-storey block with 33 apartments, basement parking for 34 cars, balconie…
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Officer assessed that the site's residential zoning made the principle acceptable, but height and proximity (17-18.4m to habitable windows, 9-12m to gardens) would cause 'mutual, actual and perceived …
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale, not adversely affect amenity of residents or character of locality, provide satisfactory amenity standards including access/parking, and not unacceptably affect road safety/traffic. Officer found proposal failed on amenity (overlooking/proximity), highway safety (insufficient info), though visual impact acceptable.
Housing Policy 5
Requires 25% affordable housing in residential developments of 8+ dwellings (8 units here). On-site preferred but commuted sum acceptable per policy wording; not a refusal reason despite preference.
no objection
no objection subject to conditions
interest expressed; principle acceptable as zoned residential
Multiple local residents object strongly to the proposed 5-storey apartment block citing visual impact, loss of privacy, views, shadowing, traffic, and overdevelopment; utilities and drainage authorities raise no objections subject to standard conditions while Housing Directorate requires 25% affordable housing provision.
Key concern: Provision of 25% affordable housing required rather than commuted sum
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: Applicant must contact the Authority to ensure connection is obtained for water supply purposes or amendment under Water Supply Byelaws; For connections to flats and apartments 'Water Supply To Flats And Apartments – Regulations' and if applicable 'Form Of Undertaking In Respect Of Supply Pipes' required; Contact IoMWA Planning and Projects Section for connections comprising more than a single connection or new water mains and hydrants; Applicant should contact the Water Authority to discuss protecting the main before construction work commences
Borough of Douglas Drainage Services (agent for Department of Transport)
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: No groundwater permitted into any public sewer (pumped or gravity); basement to be tanked; No discharge of surface water to foul/combined drainage systems; All foul drainage prior to public sewer remains private; Proposed foul drainage route via existing lateral; condition and size to be suitable; Proposed surface water discharge through harbour wall to be agreed with Department of Transport Harbours Division; Communication fee for each apartment payable to Department of Transport; CCTV condition survey of public sewer network before and after works; applicant responsible for any damage; Levels of finished floor, basement, threshold to car park to Douglas 02 datum; flood risk assessment if in tidal flood zone
Manx Electricity 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
Conditions requested: Applicant must contact the Authority; Contact MEA Network Operations Department to discuss working practices around cables and overhead lines; Contact MEA for Electrical Site Safety documents before work commences; Contact MEA Planning Department to discuss electricity supply
Estates and Housing Directorate
Conditional No ObjectionHaving given due consideration to land availability and demand... a provision of 8 units (33 x 25%) should be provided as affordable housing
Conditions requested: Provision of 25% affordable housing (8 units for 33 apartments) complying with Department's Guide to Public Sector Housing Standards; Properties for first time buyers under House Purchase Assistance Scheme 2007; Developer to discuss provision with Estates and Housing Directorate
The original application for construction of a 5-storey building with 33 apartments and integral parking was refused by the Planning Committee due to impacts on residential amenity (overlooking and poor outlook for single-aspect flats) and insufficient highway information. The appellant argued that distances to neighbouring properties exceeded urban norms, comparable schemes had been approved, the cliff outlook was acceptable, and a Transport Statement resolved highway concerns, offering an affordable housing contribution off-site. The inspector found no unacceptable overlooking or loss of privacy given urban context, accepted the cliff outlook as sufficient with buyer awareness, noted withdrawal of highway objections, and recommended allowance subject to conditions and affordable housing arrangements. A legal agreement was secured, leading the Deputy Minister to approve the appeal, reversing the refusal.
Precedent Value
Urban infill residential schemes can succeed on appeal by demonstrating separation distances exceed local precedents, buyer awareness of outlooks, and resolving technical issues like highways/affordable housing via supplementary evidence and agreements. Future applicants should prioritise measured evidence over general guidelines and secure off-site contributions early.
Inspector: Michael Hurley
