16 February 2016 · Planning Committee
25, Falcon Cliff Court, Douglas, Isle Of Man, IM2 4ah
The site is an almost-rectangular garden parcel north of Palace Road in Douglas, associated with the end-terrace dwelling at 25 Falcon Cliff Court, overlooking a highway 3-4m below with screening vegetation.
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The officer concluded that while zoning permits residential development in principle, the proposal's design fails to fit the attractive streetscene characterised by Victoriana, mature trees, and a Reg…
General Policy 2
Requires high quality design that respects and enhances local character, protects amenity, and avoids inappropriate backland development. Officer found proposal fails parts (b),(c),(g) as its contrived flat-roofed form does not positively contribute to the attractive streetscene and creates uncomfortable neighbour relationships at 8.5-10.6m separation.
Environment Policy 42 - character and need to adhere to local distinctiveness
Prohibits inappropriate backland development and removal of open/green spaces contributing to visual amenity. Assessed as backland due to location in garden behind terrace, inadequate outdoor space, and close proximity reducing sense of openness for Falcon Cliff Court gardens despite own frontage.
Housing Policy 6
Sets expectations for design of new dwellings. Noted as relevant but not explicitly tested beyond general design concerns.
Transport Policy 4
Requires safe accommodation of journeys. Satisfied as Highway Services confirmed adequate visibility splays.
Transport Policy 7
Requires 2 parking spaces per dwelling. Satisfied with three on-plot spaces and no highway objection.
Strategic Policy 1
Encourages efficient use of under-used land. Principle acceptable per zoning but did not outweigh harms as adding one dwelling does not significantly improve density in established area.
No objection: Visibility splays of 2.4 x 36 metres can be achieved from the proposed access. Nothing must be planted or erected within the splays which may exceed 1.05 metres in height.
No objection to the proposal.
Douglas Borough Council Building Control has no objection to the proposal. DOI Highways Division does not oppose subject to a visibility splay condition.
Douglas Borough Council
No ObjectionDouglas Borough Council has no objection to the proposals.
Department of Infrastructure (DOI) Highways Division
Conditional No ObjectionDo not oppose with condition/comment; DNOC on 15.1.16
Conditions requested: Visibility splays of 2.4 x 36 metres can be achieved from the proposed access. Nothing must be planted or erected within the splays which may exceed 1.05 metres in height.
The original application for a detached flat-roofed dwelling set into the slope of the rear garden of No 25 Falcon Cliff Court was refused by the Department of Environment, Food and Agriculture on 15 February 2016 for reasons relating to inappropriate scale and form harming the streetscene, and inappropriate backland development harming neighbouring amenity, contrary to General Policy 2 and Environment Policy 42. The appellant argued the mixed streetscene, low profile design, lack of neighbour objections, and compliance with residential zoning and Strategic Policy 1. The Inspector found the design at odds with the traditional character, excavation would harm the grassy bank and streetscene, but accepted no significant impact on living conditions at No 25 Falcon Cliff Court and adjoining properties. More weight was given to streetscene harm, leading to recommendation to dismiss. The Minister concurred and upheld the refusal on 15 June 2016.
Precedent Value
Dismissal emphasises paramount importance of streetscene character in sensitive urban areas with traditional buildings; innovative designs must demonstrably respect local vernacular and landscaping features. Applicants should prioritise materials, roof form and retention of natural site features over maximising developable area.
Inspector: Ruth V MacKenzie BA(Hons) MRTPI
