30 September 2008 · Planning Committee
38, Finch Road, Douglas, Isle Of Man, IM1 2pp
The proposal involves demolishing existing three-storey dwellings at 38-40 Finch Road, single-storey retail units at 40a/b Finch Road and 19/21 Well Road Hill, plus a rear stone wall and open space, replacing them with a tiered modern office building of up to 18m height fronting Finch Road, stepping down to Well Road H…
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The officer assessed the proposal against Strategic Plan policies including SP1 (best use of previously developed land), SP4 (protect heritage), SP10 (integrated transport), GP2 (respects site/surroun…
Strategic Policy 1
Requires optimising previously developed land, efficient site use, utilising infrastructure. Officer found proposal reuses brownfield urban site efficiently for zoned offices, no on-site parking due to constraints but secured off-site.
Strategic Policy 4
Protects heritage fabric/setting of Conservation Areas/Registered Buildings. Site opposite (not in) Windsor CA, separated from Registered Buildings; existing buildings not meriting protection per re-appraisal; design sympathetic without adverse impact.
Strategic Policy 10
Promotes integrated transport minimising car use, highway safety. Town centre location near buses justified reduced on-site parking; no safety issues post Highways input.
General Policy 2
Permits zoned development if respects scale/design/landscaping, no adverse townscape/amenity/traffic, provides parking. Tiered design/planting respects locality; no neighbour amenity harm; parking via condition; modern but acknowledges Georgian proportions.
Environment Policy 42
Design to take account of locality character, no inappropriate backland/loss of green space amenity. Comprehensive scheme improves incongruous existing buildings/streetscene; replaces limited-value trees with urban-suited planting.
Transport Policy 7
Requires parking per standards (1/50 sq m net office =43 spaces). Relaxed per Appendix A.7.6.d town centre/bus proximity/no unacceptable on-street parking, supported by precedents.
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 demolition of all buildings on site and the erection of a new office building with cafe and landscaping, all as shown in drawings reference officeexisting03, -4, office-ae05a, -ae07, -ae08, -ae10, -as01a, -as02, -ap01a, -ap22b, -ap28a, ap29b, -ap30a, -ap31a, -32a, -ap33 all received on 6th May, 2008.
Off-site parking legal agreement
No development may commence on site, including demolition of any structure, until such time as there is in place a legal agreement which illustrates how 43 parking spaces are to be provided within a convenient walking distance (400 m) of the site. The building may not be occupied until such spaces are available for use by occupants of the permitted building.
Use classes restriction
The building illustrated as being an office may only be used in accordance with Class 4 of the Isle of Man Planning (Permitted Development) Order 2005 Schedule 4 and the cafe element as shown in the approved plans may be used for the sale of hot and cold food for consumption on the premises and the sale of hot or cold food for consumption off the premises.
Do not oppose subject to condition that building not occupied until all 43 car park spaces generated
No objection
Multiple consultees responded to application 08/00924/B with mixed views: objection from Douglas Corporation and Andrew Jessopp on design grounds, no objection from Highways (conditional), conditional no objections from drainage and utilities authorities, heritage concerns from Manx National Heritage, and deferral/consult from Fire Service.
Key concern: proposed building not in keeping with Georgian-style terrace on Finch Road
Andrew Jessopp
Objectionthe proposed development is not. It certainly will not, in its entirety, enhance, in my opinion, the elevation to Finch Road.; I believe the application should be refused.; whether any parking provision is required at all
Manx Electricity Authority
Conditional No ObjectionNOTE 1; There are Underground Cables/Overhead Lines present in the area indicated in you Planning Application.
Conditions requested: applicant must contact the Authority; contact Network Operations Department (Tel. 687687) to discuss working practices around Cables and Overhead Lines; Contact the M.E.A. for Electrical Site Safety 5 documents (Tel. 687766); All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6
Borough of 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: Details of the drainage layout must be provided to the Borough of Douglas Drainage Department for approval prior to any work commencing; submit fully detailed engineering drawings to the Corporation Drainage Department for approval prior to commencement; CCTV survey the existing public sewer prior to construction; provide a Risk Assessment & Method Statement; enter into Section 8 adoption agreement under the Sewerage Act 1999; submit AS BUILT drawings and a CCTV survey plus coded report on completion; NO discharge of surface water to any foul drainage system(s)
IoM Water Authority
Conditional No ObjectionSee Note (2); For single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49
Conditions requested: applicant must contact the Authority to ensure that a connection is obtained for water supply purposes; contact IoMWA Customer Services, tel. 69 59 49
Manx National Heritage
No CommentNos 38 and 40 Finch Road, together with Nos 26-36 Finch Road which are affected by another development proposal (PA No 08/00933 refers), are worthy of consideration as Protected Buildings; this issue should be resolved before a final decision is made in relation to this application
Conditions requested: resolve protected building status before final decision; consider retaining the façade and developing to a suitable scale and mass behind
Department of Transport Highways Division
Conditional No ObjectionDo not oppose subject to the following condition
Conditions requested: Building is not occupied until all 43 car park spaces are generated
Douglas Corporation
Objectionthe committee agreed to raise an objection on the grounds that the proposed building is not in keeping with Finch road which is predominately a Georgian-style terrace.
Isle of Man Fire and Rescue Service
Applicant to consult with the fire Safety Department to discuss fire Safety measures within
Conditions requested: Applicant to consult with the fire Safety Department to discuss fire Safety measures within
The original application to demolish existing 19th-century semi-detached houses and erect a building with basement storage, office space, five apartments, and a three-level rear car park was refused by the Planning Committee for six reasons including overdevelopment, overbearing impact of rear projection and car park, design issues, inadequate visibility splays, prejudice to adjacent redevelopment, and traffic conflicts. The appellant argued the development replicated existing front form, corrected officer errors on scale, proposed conditions to address concerns, and facilitated adjacent redevelopment. The inspector found the rear 5-storey flat-roofed element and car park overbearing on Well Road Hill pedestrians, access arrangements hazardous due to narrow width and lift conflicts, and the scheme limiting comprehensive corner redevelopment, though design elements like dormers were acceptable. The Minister dismissed the appeal, upholding five of the six refusal reasons.
Precedent Value
This appeal demonstrates inspectors prioritise pedestrian amenity and comprehensive redevelopment potential in urban sites over piecemeal schemes, even correcting officer errors; future applicants must demonstrate no overbearing impacts on key routes and safe access beyond conditions.
Inspector: Michael Hurley
