2 October 2012 · Minister for Infrastructure (confirmed Planning Committee's Approval in Principle; appeal dismissed)
Clare Court, 14, Marathon Road, Douglas, Isle Of Man, IM2 4hl
The proposal sought approval in principle for erecting one dwelling on the south-eastern half of the rear garden of Clarecourt, a detached house on Marathon Road, Douglas, with frontage to Victoria Road via a high stone wall.
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The site is zoned Predominantly Residential in the Douglas Local Plan, complying with Strategic Policy 1 (optimising previously developed land in settlements) and Strategic Policy 2 (directing develop…
Strategic Policy 1
Requires optimising previously developed/under-used land in settlements with efficient site use. Officer/inspector found site (rear garden in residential curtilage) suitable for single dwelling, retaining amenity for Clarecourt.
Strategic Policy 2 - Priority for new development to identified towns and villages
Directs new development to existing towns/villages. Site in Douglas residential area deemed appropriate in principle.
General Policy 2
Requires development to respect surroundings, avoid harm to character/townscape (b,c), wildlife (d), amenities (g), provide safe access/no highway harm (h,i). Tested against street scene (acceptable with context), trees/wildlife (no significant harm), separation distances, low traffic; all passed.
Transport Policy 4
Requires highways to accommodate development safely. Highways no objection; prior access appeal established acceptability despite parking/congestion concerns.
Housing Policy 4
New housing primarily in towns/villages. Site in Douglas complies; not countryside.
Reserved matters approval
Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced.
Reserved matters application time limit
The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission.
Commencement time limit
The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later.
Approved plans
This approval relates to the principle of erection of a dwelling on land adjoining Clarecourt, Marathon Road, Douglas as shown by Drawing S/558/1 as received on 25 May 2012.
Tree protection scheme
The application for Reserved Matters must include a scheme which demonstrates how trees on the site, excluding only those highlighted as being removed by Drawing S/558/1, are to be protected during construction works. The scheme must include a drawing which shows how tree roots are to be protected and development must take place only in accordance with the approved scheme of protection.
no adverse traffic management, parking or road safety implications
no objections
trees have some visual amenity but insufficient to prevent development; protect retained trees
no specially protected species; garden not significant wildlife corridor
endorses officer report; prior access approval valid; trees poor quality, removal improves amenity; windfall housing policy compliant
The original application for approval in principle for a dwelling was approved by the Planning Committee. Neighbours Mr C Savage and Mrs G Richards appealed against this approval, citing highway safety concerns from a new access onto Victoria Road, loss of trees, harm to residential amenity, and wildlife impacts. The applicant and planning authority defended the proposal as compliant with residential zoning, supported by no objections from highways or DEFA, and precedent from prior access approval. The inspector found no significant harm to character/appearance, amenities, highway safety, or wildlife, recommending dismissal of the appeal. The Minister concurred, upholding the approval subject to standard reserved matters conditions plus tree protection.
Precedent Value
This appeal confirms that approvals in principle for infill dwellings in residential zones can be upheld against neighbour appeals if supported by statutory consultees and no material harm identified, even with tree loss or access concerns. Future applicants should secure highways/DEFA support early and cite prior appeal precedents.
Inspector: Stephen Amos MA (Cantab) MCD MRTPI
