10 January 2011 · Senior Planning Officer (delegated authority under Article 3(13) of the Town and Country (Development Procedure) Order 2005)
Securities House, 38-42, Athol Street, Douglas, Isle Of Man, IM1 1jb
The proposal involved rear extensions to connect the first and second floors of existing office buildings at 36-42 Athol Street, creating circulation space with 55.39 m² of additional net office floor area. The site is in a predominantly office-zoned area within the Athol Street Conservation Area.
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The officer assessed compatibility with the 'Predominantly Office Use' zoning in the Douglas Local Plan, confirming the principle of office extension acceptable.
General Policy 2
General Policy 2 (full name not stated) is relevant to the overall assessment. The officer applied it implicitly in balancing land use, visual impact, parking, and neighbour amenity, finding the proposal compliant in a town centre office zone.
Environment Policy 35
Requires development in Conservation Areas to preserve or enhance character and protect special features. The rear extension was assessed as not harming the Athol Street frontage or Conservation Area character due to screening by trees and wall, similarity to adjacent rear extensions, and low visibility from public vantage points like Hope Street.
Business Policy 7
Permits new office floorspace in town centres on zoned land. The minor office extension in a 'Predominantly Office Use' area was found acceptable in principle.
Transport Policy 7
Requires parking per standards (1 space per 50m² net floorspace). The 55.39m² addition needed one space, satisfied by existing rear parking, town centre location near bus routes, and Highways non-opposition.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved drawings
This permission relates to alterations and extension as shown in drawing numbers P02, P03, P04, P06 and P07/A date stamped 18th June 2010, P07 Rev - A date stamped 19th July 2010 and drawing number P05 Rev - A date stamped 21st December 2010.
Materials approval
No facing materials shall be used other than materials similar to those used on the existing building.
No objection
Do not oppose
No objection in principle subject to drainage systems combining at rear boundary
Douglas Borough Council (including Engineer/Surveyor and Drainage), and Highways Division have no objection to application 10/00912/B; private objectors Jessup family raise concerns over party walls, drawings, and boundaries.
Key concern: windows to be installed in party wall
Borough Of Douglas - Borough Engineer and Surveyor's Department
No ObjectionDouglas Corporation have no objection to the proposals listed below.; It should be noted that the above comments are made in relation to the Town and Country Planning Acts and does not imply approval or consent under any other relevant enactment, byelaw, order or regulation.
Douglas Drainage Services
Conditional No ObjectionNo Objection in Principle subject to:- 2 Systems combine at rear curtilage boundary; It should be noted that it is an offence under Manx legislation to permit the discharge of polluting or harmful matter to any public sewers or watercourses.
Conditions requested: The surface and foul water drainage from the existing and proposed rear extension must be separated and combine at the curtilage boundary at the rear of the property. Exact details of the drainage layout must be provided to the Borough of Douglas Drainage Section for approval, prior to any work commencing on site.; In the event that this application is approved I should be grateful if these comments could be incorporated in the approval notice.
Highways Division
No ObjectionDo not oppose has no traffic management, parking or road safety implication
W. E. Jessup, Wendy E Jessup, Johnna E Jessup, C. E. Jessup (Jessup Co-Owners)
ObjectionWe write as co owners (with Mr B E Jessup) of the freeholds 44 Athol Street and adjoining office and garage rear of 42 Athol Street, St George's Walk and we write to object to the above application for the following reasons:
Brian E Jessup
ObjectionI write as an owner of the freeholds 44 Athol Street and adjoining office and garage rear of 42 Athol Street bordering on St George's Walk and I write to object to the above application as follows:
Conditions requested: The applicant should replicate all existing party walls on a like for like basis when extending the height of their premises.
Planning application 10/00912/B for alterations and extensions to the rear elevation to integrate no 36 Athol Street with nos 38-42 Athol Street was permitted by the Senior Planning Officer on 10 January 2011. Neighbour B E Jessup at 44 Athol Street lodged an appeal (AP11/0005) on 12 January 2011 against the approval, citing issues such as windows in party walls, inaccurate drawings, boundary uncertainties, and lack of smoking shelter. The planning officer's report assessed the proposal as compatible with office zoning, acceptable visually within the conservation area due to screening, adequate for parking in a town centre location, and without neighbour amenity harm. The appeal process was initiated with requests for statements of case and consideration of an inquiry, but was put on hold and ultimately withdrawn on 4 November 2011. The original permission therefore stands.
Precedent Value
This case demonstrates that appeals can be lodged against permissions (not just refusals) by interested parties such as adjoining owners, but also that they may be withdrawn, allowing the original approval to stand. Future appellants should carefully weigh costs and likelihood of success before pursuing appeals against approvals.
