22 December 2008 · Planning Committee
Vine Villa, 8, Derby Square, Douglas, Isle Of Man, IM1 3ls
The proposal was for approval in principle to demolish the existing Vine Villa dwelling at 8 Derby Square, Douglas, and replace it with four terraced town houses on an indicative footprint of 11.8m x 22.6m, accessed from Derby Square Lane.
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The officer assessed the proposal against Environment Policies 35 and 39 of the Isle of Man Strategic Plan 2007 and Policy CA/6 of PPS 1/01, which presume against demolishing buildings making a positi…
CA/6 Demolition in Conservation Areas
Requires presumption against demolishing non-excepted buildings in CA making positive contribution; assess condition/cost/repair relative to importance, efforts to retain use, merits of replacement (essential in unclear cases). No assessment provided; existing building has merit, contributes to CA; no full details to judge replacement.
Environment Policy 35
Permits only development preserving/enhancing CA character/appearance, protects special features. Demolition would adversely affect CA without justification; replacement unassessable.
Environmental Policy 39
General presumption to retain buildings positively contributing to CA character/appearance. Vine Villa found to contribute positively (pleasant/interesting despite mix); no justification addressed.
Planning Policy Statement 1/01 - Policy CA/2 (Conservation Areas)
Impact on CA special character material; consider effects on setting/views. Proposal's CA impact unassessable without details.
General Policy 2
Mentioned as relevant but not tested in detail.
Housing Policy 6
Residential development on zoned land acceptable per area plan brief or para 6.2 criteria.
no objection in principle subject to drainage details
do not oppose
no objection
Multiple public objections focus on loss of historic building, privacy, views, parking, and conservation area impacts, while statutory consultees including Douglas Drainage, Douglas Building Control, and Highways Division raise no objections with drainage conditions requested.
Douglas Drainage
Conditional No Objectionhas no objection in principle to the above application subject to the following:-
Conditions requested: The proposed development must be connected to the public sewer. Full details of the foul and surface water disposal routes from this dwelling must be submitted as part of any subsequent detailed planning application.; Details of the private drainage layout must be provided to the Borough of Douglas Drainage Department for approval, prior to any work commencing on site.; A Communication Fee will be payable for each Town House, to the Department of Transport via Douglas Corporation in respect of the drainage connection.; Appropriate measures must be taken by the developer/occupier of the premises to ensure compliance with the legislation.
Douglas Building Control
No Objectionthe committee agreed not to raise an objection to the application.
Highways Division
No ObjectionDo not oppose
The original application (08/01677/A) for approval in principle to demolish an existing dwelling at Vine Villa, 8 Derby Square, Douglas, and construct four terraced town houses was refused by the Planning Committee. Appellants argued the existing building had no merit, demolition would not harm the conservation area, and indicative plans showed a sympathetic replacement. The inspector found Vine Villa just manages to make a positive contribution to the Windsor Road Conservation Area, warranting retention under relevant policies. Crucially, no detailed drawings of elevations, floor plans, or materials were provided, preventing assessment of whether the replacement would preserve or enhance the area's character. The appeal was dismissed, upholding the refusal, but without prejudice to a detailed resubmission.
Precedent Value
Demonstrates that 'approval in principle' applications will fail in Isle of Man Conservation Areas without comprehensive design details to assess precise impact; future applicants must submit full elevations, floor plans, and materials at outset, even for principle approvals, to enable policy-compliant evaluation.
Inspector: David Bushby
