23 November 2020 · Planning Committee
Street Record, Atholl Place, Peel, Isle Of Man, IM5 1he
The proposal involved resurfacing Michael Street and Athol Place with resin bonded aggregate for the carriageway, Marshalls Cressida Granite Flamed paving flags for irregular-width pavements at the same level as the road, setts for parking and crossings, Carlow stone edging, and Rojo Moncayo bush hammered sandstone foo…
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The Planning Committee overturned the officer's recommendation for approval, determining that the shared surface would not result in a safe environment for Michael Street users, particularly pedestria…
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale/design, not adversely affect townscape character, provide safe/convenient access for all highway users, and have no unacceptable effect on road safety. Committee found shared surface failed these tests on safety and character; officer considered compliant due to improved pedestrian environment.
Environment Policy 35
Permits only development preserving or enhancing Conservation Area character and protecting special features. Committee ruled materials and shared surface fail to preserve/enhance unique streetscene; officer found beneficial impact with consistent surfacing and kerb re-use.
Strategic Policy 4
Requires protection/enhancement of Conservation Areas. Cited in refusal for failing to protect character; officer assessed as compliant.
Transport Policy 4
Requires highways to safely accommodate vehicle/pedestrian journeys per environmental objectives. Refusal cited unsafe shared surface; Highway Services had no objection and officer concurred.
Planning Policy Statement 1/01 - Policy CA/2 (Conservation Areas)
Impact on Conservation Area special character a material consideration. Cited in refusal.
Policy TM/4 Roads in Towns and Villages
Supports traffic calming/pedestrian measures in historic areas if integrated with townscape. Officer referenced positively.
Policy TM/5 Vehicle Restriction and Traffic Calming
Traffic calming features must relate to townscape using traditional materials. Referenced in assessment.
Policy TM/6 Floorscape
Retain/re-introduce traditional stone setts/cobbles/flagstones/kerbstones; avoid modern patterns. Officer noted existing tarmac not historic.
Acceptable subject to scheme as per drawings and further processes
In support provided kerb stones retained/reused and minimum disruption
Fully supportive of principle; proposals enhance character but suggest material/kerb revisions; welcomes proposed edging/curb stones
Do not oppose amended drawings subject to paving replacement and kerbing
Support in principle provided access maintained for servicing
Support in principle
Support in principle
Public representations including detailed objections from individuals and traders, conditional support from Peel Town Commissioners, and a conditional approval from DEFA's Principal Registered Buildings Officer regarding highway reconstruction in Peel's conservation area.
Key concern: Non-compliance with Conservation Area Policy TM/6 Floorscape, loss of historic Foxdale granite kerbstones and traditional footway relationship
Peel Town Commissioners
Conditional No ObjectionThe Commissioners believe these shortcomings... could be overcome by submitting amended drawings and alternative material samples.; Agreed... not to oppose the DOI amended drawing subject to the replacement of the small planting area... kerbing or replacement Peel kerbing must be used where possible.
Conditions requested: Remove water gardens in Atholl Place and reinstate parking including disabled space; Retain or reinstate one or both footways in Michael Street edged with historic local stone kerbing, one widened to minimum 1250mm; Use materials referencing local red sandstone; Replacement of small planting area in Atholl Place with paving, kerbing or replacement Peel kerbing where possible, bush hammered Rojo Moncayo sandstone in footways
Ross Brazier, Principal Registered Buildings Officer
Conditional No ObjectionI would strongly recommend that the scheme is revised to take into account the local character and considers using materials that better reflect this.; It important that the scheme should seek to retain, reuse and where possible reinstate the historic kerbstones.
Conditions requested: Revise scheme to take into account local character and use materials that better reflect it; Retain, reuse and where possible reinstate historic kerbstones
The original application by DOI Highway Services for reconstruction and regeneration works to the highway at Michael Street and Atholl Place was refused by the Planning Committee on 23 November 2020 for reasons related to highway safety from the shared surface in Michael Street and failure to preserve the character of the Peel Conservation Area due to new materials. Peel Town Commissioners appealed seeking a split decision for Atholl Place only, arguing distinct characters and compliance with policies for that area. Local traders objected to the entire scheme citing heritage, disruption to trade, and regeneration needs. The inspector conducted a remote inquiry on 14 June 2021, found Atholl Place works acceptable for enhancing the CA while Michael Street's shared surface would harm safety and retail viability, and recommended split outcome with conditions for Atholl Place.
Precedent Value
Demonstrates viability of split decisions for severable schemes in CAs; stresses need for shared surfaces to genuinely prioritise pedestrians without delivery conflicts; future applicants must evidence retail/CA benefits and construction mitigation.
Inspector: Brian J Sims
