7 December 1994 · Planning Committee
Bank House, Ridgeway Street, Douglas, Isle Of Man, IM1 1er
The proposal involved demolishing existing structures at the former Roseberry Buildings on Prospect Hill in Douglas and replacing them with a new 5-storey office accommodation including basement or associated parking for 15 spaces.
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The Planning Committee approved the application despite concerns about an abrupt change in height and form at the interface with existing small-scale registered buildings and inadequate modelling deta…
Use restriction
The building(s) shall not be used for any other purpose than that indicated on the plan or in the application without the consent of the Committee.
Time limit for completion
The development shall be completed within the period of TWENTY-FOUR (24) months from the date of this approval WHICH SHALL CEASE TO HAVE EFFECT IN DEFAULT OF COMPLIANCE WITH THIS CONDITION except in respect of any development completed within that period.
Development completion requirement
Subject to the last foregoing condition the development having been commenced shall be carried on to completion in a workmanlike and expeditious manner to the satisfaction of the Planning Committee and if not so completed within the said period of TWENTY-FOUR months it shall be a further condition of this approval that the applicant shall submit a new application for consideration by the Committee in respect of the uncompleted development.
Fire precautions
Adequate fire precautions must be taken to the satisfaction of the Committee and the Chief Fire Officer who must be consulted PRIOR to the commencement of any works.
Disabled access
The principal ground floor access to the building must be designed and constructed to comply with BS 5810 "Access for the Disabled to Buildings"; in particular, there must be no step and any ramp must be at a maximum gradient of 1:12.
Electricity Authority consultation
The applicant must consult the Manx Electricity Authority regarding the provision and location of the sub-station prior to any works being commenced.
Amended plans for design
An amended plan showing a) Modification to the rear of the building such as to scale down the massing in response to the Registered Buildings; and b) to illustrate that the modelling of the pilasters, window surrounds, balconies, parapets etc is sufficiently bold and robust to be effective.
No advertisements
No advertisement matter of any description shall be exhibited at this site without the PRIOR written permission of the Committee.
Multiple consultees and objectors raised concerns over parking, building height/mass, highway alignment, refuse storage, and impact on heritage buildings; Douglas Corporation ultimately withdrew objection to amendments.
Key concern: inadequate car parking provision (15 vs 44/45 required per Douglas Written Statement)
Douglas Corporation Technical Services Department
ObjectionThe number of car parking spaces being provided is inadequate and does not comply with the requirements of the Douglas Written Statement which indicates a minimum of 44 spaces.; The height, scale and mass of the proposed building is considered excessive when compared to the existing buildings which surround it.
Douglas Corporation
Objectiononly fifteen car parking spaces on site, this being only one third of the forty five which would be required; the excessive height of the proposed building does little to acknowledge the close proximity of the adjacent registered buildings
Douglas Corporation
No ObjectionDouglas Corporation has no objection to the proposals.
DHPP Highways (Director of Engineering Design)
ObjectionThe proposed building line of the application is inconsistent with the adjacent buildings.; The proposals make no allowance for the proposed highway improvements of Ridgeway Street, Prospect Hill and John Street.
Manx Foundation for the Physically Disabled
No Commentensure that the above planning applications meet with the design standards necessary to allow access, toilet facilities, etc., for disabled people.
Conditions requested: meet design standards necessary to allow access toilet facilities etc for disabled people
Society for the Preservation of the Manx Countryside and Environment (S.P.M.C. & E)
Objectionthe mass of the building is still too great; we suggest it is at least 1 storey too high
Conditions requested: further amendments to the plans are necessary
Society for the Preservation of the Manx Countryside and Environment (S.P.M.C. & E)
ObjectionDespite the proposed amendments, the Society's views remain much as set out in our letter... We continue, therefore, to OBJECT
The Planning Committee granted permission on 9 December 1994 for a five-storey office development (2233 sq m) with 15 basement parking spaces at the former Roseberry Buildings site, despite objections on parking shortfall (Policy 7.11 requires 45 spaces), building height/mass dominating adjacent Registered buildings, and inadequate refuse storage. Appellants (Douglas Corporation, Scott's Bistro/Eldon Hotels with Royan Ltd) argued strict policy compliance was needed, the building was one storey too high, and refuse arrangements unsatisfactory. The Planning Department defended the decision citing the site's Planning Brief requiring five storeys, discretionary relaxation of parking under Policy 7.11 due to architectural merits near Registered buildings, and precedent approvals. The inspector found the Committee's exercise of parking discretion valid, refuse storage adequate, height appropriate for the prominent site per precedents and Brief, but restored Condition 7(a) for rear modifications to protect the adjoining Registered building. Appeals were dismissed with permission upheld subject to the reinstated condition.
Precedent Value
This appeal confirms Committees' discretion under parking policies like 7.11 is rarely overturned if justified by site constraints/architecture; site-specific Briefs and expired approvals strongly guide scale expectations. Future applicants should secure off-site parking commitments early and explain condition changes clearly.
