16 January 2018 · Planning Committee (presented by C Balmer)
Part Of Summerland Site, King Edward Road, Douglas, Isle Of Man, IM2 2pa
The proposal involves erecting a utilitarian industrial-style shed (54.6m wide x 11.3m deep x 5.2m ridge height) for stabling 19 horses, plus a hay store, four portacabins for staff welfare, and parking for 13 vehicles on a vacant flat site at the former Summerland complex, adjacent to the Terminus Tavern and tram depo…
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The proposal was approved exceptionally as a short-term 'stop-gap' to enable the Horse Tramway to operate for the 2018 season while long-term strategy is determined, given the site's vacancy for over …
Strategic Policy 4
Requires protection/enhancement of Conservation Areas. Proposal does not enhance but exceptionally approved temporarily to protect tramway's contribution to area character.
General Policy 2
Requires development to respect surroundings, not harm townscape/amenity, provide parking, avoid highway issues. Building's scale/design poor for site but acceptable short-term; parking/amenity/highway tests passed.
Environment Policy 35
Permits only development preserving/enhancing Conservation Areas. Utilitarian design does not comply but 5-year limit and tramway benefit outweigh harm.
Transport Policy 3
Protects rail routes as tourism facilities. Supports horse tram continuation.
Transport Policy 4
Highways must accommodate development safely. Satisfied per Highway Services.
Environment Policy 22
Prevents unacceptable amenity harm from noise/odour/pollution. Overruled by mitigations and other laws.
Planning Policy Statement 1/01 - Policy CA/2 (Conservation Areas)
Assesses impact on Conservation Area character/setting. Temporary harm accepted for tramway.
Time limit for cessation
The use of the facility hereby approved shall cease on or before the 17th January 2023. Reason: The building has been exceptionally approved solely to meet the short term needs of the Horse Tramway and its subsequent retention would result in an unwarranted intrusion in the Conservation Area. Furthermore, the building has been sought for a temporary basis and has been assessed and approved as such.
Site restoration
The land shall be restored to its former condition within 6 months of the cessation of the use of the facility hereby approved. Reason: The building has been exceptionally approved solely to meet the short term needs of the Horse Tramway and its subsequent retention would result in an unwarranted intrusion in the Conservation Area. Furthermore, the building has been sought for a temporary basis and has been assessed and approved as such.
Materials - dark green colour
The external walls, doors, sliding doors and roller shutter doors on all the new buildings hereby approved shall be a dark or olive green colour. Reason: In the interests of the character and appearance of the site and surrounding area.
Parking provision
The proposed parking layout as shown on drawing 1613-011 shall be provided prior to the facility hereby approved being brought into use. Reason: To ensure adequate off street parking is provided on site.
no objection; acceptable from highways aspect subject to parking conditions
no objection
Douglas Borough Council has no objections to the application. Department of Infrastructure (DOI) Highways Division does not oppose subject to two parking-related conditions.
Douglas Borough Council
No ObjectionDouglas Borough Council has no objections to the listed applications.
Department of Infrastructure (DOI) Highways Division
Conditional No ObjectionThe proposals are considered acceptable from a highways aspect.; DNOC on 07.11.2017; Do not oppose with condition
Conditions requested: The parking spaces as shown on the approved plans shall be provided and formally marked out prior to development becoming operational.; The parking spaces shall remain free from obstruction throughout the life of the development unless otherwise approved in writing by the Department.
The original application by the Department of Infrastructure for a temporary 5-year stable building, hay store, welfare facilities and parking was approved by the Planning Authority despite conflicts with conservation area policies. The appellant, owners of the neighbouring Terminus Tavern, argued against approval citing odour, vermin, inadequate consultation, visual harm to the conservation area, and doubts over the temporary nature. The inspector analysed impacts on character/appearance, amenity/odour/vermin, and need, finding significant harm to the CA under GP2 and EP35, acceptable amenity protections via conditions and legislation, and initially strong need for the historic Horse Tramway, but this need was removed by DOI's statement acquiring existing stables. Consequently, the inspector recommended allowing the appeal to refuse permission, a recommendation accepted by the Minister on 29 May 2018.
Precedent Value
This appeal demonstrates that temporary developments causing CA harm require robust, ongoing 'need' justification; removal of need (e.g. via alternative sites) decisively tips balance to refusal even for short-term permissions. Future applicants must secure unassailable evidence of necessity and accept strict conditions/enforcement for removal.
Inspector: Brian J Sims
