2 December 2020 · Planning Committee
Factory And Premises, South Quay, Douglas, Isle Of Man, IM1 5ax
The application sought permission to continue using a flat concrete hardstanding site on South Quay, Douglas - formerly a factory and asphalt depot - as a temporary car park providing 43 spaces (including 2 disabled) for two years.
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The officer concluded that the temporary car park use would reduce the likelihood of redeveloping this prominent brownfield site, contrary to Strategic Policy 1 of the Isle of Man Strategic Plan (2016…
Strategic Policy 1
Requires best use of resources by optimising previously developed land. Officer assessed that temporary car park discourages permanent redevelopment of this brownfield site, with no evidence of applicant efforts despite prior warnings and expired residential approval.
General Policy 2
Sets development control criteria including no adverse effect on townscape character or locality amenity. Car park harms character opposite Conservation Area and fails residential zoning compliance; current site condition also non-compliant per consultee.
Environment Policy 36
Permits development outside but close to Conservation Areas only if not detrimentally affecting important views in/out. Car park visually detracts from streetscene and affects views of North Quay Conservation Area.
Transport Policy 4
Requires highways to accommodate development traffic safely. Acceptable per DOI Highways despite substandard visibility, relying on their expert assessment.
accepts continuance on temporary basis given previous approval, provided parking managed down for future residential use; visibility splay substandard but road safety not significantly compromised
Douglas Borough Council initially requested time for further consideration then formally objected due to conflict with COMIN Directive on Temporary Carparks and hindrance to residential development; DOI Highways Division do not oppose on a temporary basis despite substandard visibility splay.
Key concern: conflict with the COMIN Directive on Temporary Carparks
Douglas Borough Council
No CommentDouglas Borough Council has no objections.; Douglas Borough Council would kindly ask that both of the above applications can be considered by the Council’s Environmental Services Committee at a meeting to be held on the 16th November with our comments to be forwarded to you shortly afterwards.
Douglas Borough Council
Objectionthe Committee resolved to object to the application as it would be in conflict with the COMIN Directive on Temporary Carparks.; The Planning Notice also makes it very clear that it is important not to prevent the longer term development of the site.; The Council believes that the site in its current state does not comply with General policy 2 (b) and (c) Isle of Man Strategic Plan 2016
Conditions requested: improves the visual appearance of the site by cladding the exposed wall of the industrial unit on the west side of the carpark; improves the visual appearance of the exposed masonry walls on the east side of the site
Department of Infrastructure (DOI) Highways Division
No ObjectionDo not oppose; Highway Services accepts the continuance of this car park on a temporary basis given the previous grant of planning consent under 18/00350/B; road safety has not been, and is unlikely to be, significantly compromised from this sight line being and remaining substandard
The original application for temporary use of a former factory site as a car park for 43 spaces (including 2 disabled) for 2 years was refused by the Planning Committee due to conflict with land use zoning, policies against brownfield temporary car parks, and visual impacts on a conservation area. The appellant argued the site owner had no near-term development plans, parking was popular and better than an empty site, and it optimised unused land per Strategic Policy 1. The council defended the refusal citing Isle of Man Strategic Plan policies, CoMIN's Reform policy, Select Committee recommendations, and the new Area Plan for the East designating the site for mixed-use redevelopment. The inspector analysed compliance with SP1, GP2, EP36, and other policies, concluding the temporary use would delay redevelopment, harm townscape character opposite North Quay Conservation Area, and contradict the presumption for comprehensive quayside redevelopment; highway safety was acceptable but outweighed by policy harms. The appeal was dismissed with recommendation to uphold the refusal.
Precedent Value
This appeal reinforces strict application of CoMIN policy against brownfield temporary car parks post-Area Plan adoption; applicants must show active redevelopment pursuit or very exceptional parking needs to overcome policy, even if site vacant and parking popular.
Inspector: Anthony J Wharton BArch RIBA RIAS MRTPI
