16 February 2012 · Minister for Infrastructure (via Chief Executive I T Thompson, following independent inspector report)
Craimar, 2, Murrays Road, Douglas, Isle Of Man, IM2 3ht
The proposal sought retrospective permission for a replacement front boundary wall (1.4-2m high, rendered blockwork painted white with horizontal black-stained timber beams) and an open-fronted smoking shelter (2.4m wide x 3m deep x 2.4m high, dark-stained timber with flat roof) in the front garden of No.
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The independent inspector assessed the main issue as the effect on the character and appearance of Murrays Road and the nearby conservation area.
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale/form/design, not adversely affect townscape character, public views, amenity or locality character. Inspector found compliance as no material harm to street scene or Registered Building; materials matched building; end-terrace position mitigated impact. Officers found non-compliance due to incongruous design, taller wall obscuring elevation, failure to replicate Victorian railings.
Environment Policy 36
Permits development outside but close to Conservation Area boundary only if no detrimental effect on important views into/out of it. Inspector noted only rear elevations of Ballaquayle Road dwellings visible from key vantage (not significant to CA character), so no harm. Officers argued adverse effect on views from Glen Falcon/Murrays Road junction.
Plans approval
This permission relates to the erection of a smoking shelter and replacement front wall at No 2 Murrays Road, Douglas, as shown on the location plan, site plan and elevations, all date stamped 9 January 2012.
no objection to the proposal
Recommend approval as the proposal has no adverse traffic management, parking or road safety implications
absolutely no objections to the Shelter... in keeping with the way that the property has recently been renovated
no objection against the smoking shelter... vast improvement has been noted
totally support the upgrade... improved the area
support (letter in support of renovations including shelter)
no issue... vast improvement... enhanced the street... support the guest house venture
The original application for erection of a smoking shelter and replacement front wall (retrospective) at 2 Murrays Road, Douglas, was refused by the Department of Infrastructure due to adverse impacts on the streetscene, character of the vicinity, Registered Building opposite, and views into the adjacent conservation area, contrary to General Policy 2 and Environment Policy 36 of the Isle of Man Strategic Plan 2007. The appellant argued the original wall was derelict, replacement used durable recycled timber, the shelter was necessary for the guesthouse and positioned discreetly, and provided neighbour support letters praising the improvements. The Council defended the refusal emphasising the prominent end-of-terrace location, incongruous design lacking Victorian railings, and anomalous shelter. The Inspector found the wall's contemporary design acceptable at the end-of-terrace position with matching materials, the shelter not significantly harmful due to its location, no material harm to streetscene, Registered Building or important views into the conservation area, thus complying with policies, and recommended allowance. The Minister accepted this on 29 May 2012, approving subject to one condition tying to submitted plans.
Precedent Value
This appeal shows inspectors may accept contemporary boundary treatments and functional structures in sensitive Victorian streetscenes if site-specific (end-terrace) and material-matched, especially with neighbour support and where 'important views' into conservation areas are not harmed. Applicants should gather local endorsements and highlight contextual nuances over rigid historical replication.
Inspector: Ruth V MacKenzie BA(Hons) MRFPI
