19 June 2012 · Council of Ministers (accepted Independent Inspector Ruth MacKenzie's recommendation following inquiry)
Summerhill Quarry, Summerhill, Douglas, Isle Of Man, IM2 4ph
The proposal involved demolishing existing industrial buildings and No 6 Summerhill to build a curved, modern 9-level apartment block (68 two-bedroom units including penthouses) with 127 parking spaces in basement levels, roof terraces, and front landscaping on a disused quarry site behind residential streets adjoining…
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The independent inspector concluded that while the principle of residential development on previously-developed land in a Predominantly Residential area accorded with Strategic Policies 1, 2, General …
Environment Policy 42
Requires new development to take account of buildings and landscape features in immediate locality. Inspector found modern glass/stone design incongruous, dwarfing Victorian terraces, failing to relate to surroundings/quarry backdrop.
Environment Policy 36
Permits development only if not detrimentally affecting important views into/out of conservation areas. Building forms prominent incongruous backdrop to Douglas Promenades CA, visible from bay/beach/promenade, obscuring green quarry face.
Environment Policy 4
Prohibits development adversely affecting protected species/habitats except exceptional circumstances. No full surveys/detailed mitigation for confirmed nesting peregrines, potential lizards/bats.
Environment Policy 5
Requires replacement habitats where development affects protected wildlife. Unsatisfactory nest box etc. for peregrines; no mitigation for lizards/bats.
Recreation Policy 3
Requires amenity space to meet standards. 1,432m² shortfall vs standards; limited usable space indicates overdevelopment.
Housing Policy 5
Requires 25% affordable housing for schemes >8 dwellings. 15 units + commuted sum for 2 accepted.
Transport Policy 7
Parking to meet standards (flexible near public transport). 9-space shortfall acceptable given urban location/alternatives.
No objection
Accepts 15 affordable units + commuted sum for 2 more (25% of 68), subject to Section 13 Agreement
No objection provided dedicated parking space allocated
No objection in principle subject to adoption agreement, no surface water to foul sewers
Highways Division objects due to highway safety, pedestrian access, traffic generation, parking deficits, and servicing issues. DEFA Biodiversity and Manx National Heritage raise significant ecological and heritage concerns requiring surveys and mitigation, while multiple local r…
Key concern: Highways safety - Summerhill Road width reduction below 7.3m primary distributor standard and pedestrian/vehicle conflicts
Highways Division
ObjectionReducing the road width...will force traffic travelling up the hill to move closer to traffic coming down the hill that will then be squeezed between oncoming traffic and a stone wall on a bend; The footpath is 1.8m at its widest narrowing to approximately 0.8m at the gate. A standard footway would be 1.8m wide; The proposed development will require 136 parking spaces and proposes...117 spaces, a deficit of 19 spaces
DEFA Biodiversity
Conditional No ObjectionSeptember is a good month for a lizard survey...suggest requesting an immediate survey; With regard to the Wildlife Act, the critical matter is to avoid disturbance during nesting (March – July inclusive); The species is listed on Schedule 8 of the Wildlife Act and must not be allowed to spread
Conditions requested: Immediate lizard survey in September; Bat roost assessment before demolition scheduling; Protect peregrine nest site during cliff stabilisation works; Japanese Knotweed treated per DEFA guidance
Manx National Heritage
ObjectionMNH remains of the view that the proposed development is unsuitable in this location due to its size, massing and design and would recommend its refusal; Within Conservation Areas...will ensure that the special features...are protected against inappropriate development
Conditions requested: Robust mitigation scheme if protected species confirmed; Precautionary Working Method Statement for lizards
The original application for erection of a 68-apartment block, landscaping, parking and demolition of No 6 Summerhill on a former quarry site designated as Predominantly Residential was refused due to involvement of highway land, requiring determination by the Council of Ministers via public inquiry. Appellant argued the proposal optimised previously-developed land, complied with residential designation, addressed design, rock stability, contamination, traffic, parking, wildlife and affordable housing. Inspector found the principle acceptable but concluded the design harmed the conservation area and surroundings, rock face stabilisation lacked detail, traffic impacted safety, wildlife (peregrines, lizards, bats) was inadequately protected, and living conditions for residents and future occupants were adversely affected by overlooking and open space shortfall. Multiple refusal reasons were identified contrary to IoMSP policies. Appeal dismissed with recommendation for refusal.
Precedent Value
Demonstrates that while residential principle on brownfield urban sites is strongly supported, proposals must provide robust technical evidence on geotechnical/wildlife risks and ensure design protects conservation settings/highway safety. Future applicants should prioritise pre-submission surveys and refined designs to avoid dismissal on multiple policy grounds.
Inspector: Ruth MacKenzie BA(Hons) MR(PI)
