10 July 2019 · Delegated - Principal Planner Sarah Corlett
15a, Westminster Drive, Douglas, Isle Of Man, IM1 4ej
The site is a cleared parcel of land at the rear of 15 Westminster Drive, in a residential area near Ballakermeen High School, currently used as open hard standing with prior approval for garages.
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The officer assessed the proposal as backland development acceptable in principle due to residential zoning but failing key tests of Environment Policy 42, which requires sufficient space for adequate…
General Policy 2
Requires developments in zoned areas to respect site/surroundings in siting/scale/design (b,c), not adversely affect local amenity/character (g), and provide satisfactory amenity standards including adequate parking (h). Officer found visual impact acceptable but proposal failed (h) due to poor internal outlook/light/overshadowing and loss of area parking capacity.
Environment Policy 42
New development in settlements must respect local character; inappropriate backland development not permitted unless satisfactory access and sufficient space for adequate amenity to new/existing dwellings. As backland site, officer tested amenity: rear yard too narrow/enclosed (25m² triangle), side outlooks poor (1.1m to tall fences/garage), front onto cars - failing to provide adequate standards despite zoning acceptability.
Transport Policy 7
Requires parking per standards (2 spaces/dwelling). On-site parking now met, but replacing prior-approved garaging/hard standing reduced overall area off-street capacity in high-demand location, contrary to policy intent.
no objection to the proposal, considering the improved design, reduction in the property's footprint along with the addition of outdoor amenities, car parking and adequate space being available on the decked courtyard area to the rear of the property for bin and cycle storage
Two representations from nearby residents raising objections and concerns about character, parking, privacy, and precedent, while Douglas Borough Council initially deferred but ultimately raised no objection after committee review.
Key concern: change of character from garage to dwelling not in keeping with the area
Douglas Borough Council
No Objectionthe Council resolved to raise no objection to the application.; taking into account the improved design, the reduction in the property's footprint along with the addition of outdoor amenities, car parking and adequate space being available on the decked courtyard area to the rear of the property for bin and cycle storage
Resident at 29 Devonshire Road (owner of 17 Westminster Drive)
ObjectionThis is not in keeping with the area and would change the character of the neighbourhood. If this is allowed here, then there is no logical reason why every house on the street could not replace their garage with some sort of dwelling.; I am also worried about a loss of privacy for the residents of Westminster Drive closest to the proposed development site.
Conditions requested: work is confined to normal working hours on weekdays when most residents will be at work
Resident at 23 Westminster Drive
No CommentPlease elaborate on parking; number 15 currently has 2-3 commercial vans parked in and around their property including on the proposed site of new dwelling plus 2-3 normal vehicles.; These are inquiries and I am seeking further information regarding these matters.
The original application for erection of a detached dormer bungalow with parking was refused by DEFA due to insufficient outlook/overshadowing for future occupants and reduction in off-street parking capacity. The appellant argued the revised design addressed prior refusals, provided superior amenities, was not true backland development, and complied with policy, supported by a design statement. The Council defended refusal citing backland development under EP42 failing on amenity and parking tests. The inspector found the principle acceptable in the residential area, visual impact compliant, parking/access safe, and residential amenity adequate due to unique site orientation facing Westminster Drive, recommending allowance. The Minister concurred and approved subject to conditions on parking, time limit, and no extensions.
Precedent Value
Demonstrates backland proposals can succeed if site has unique access/outlook advantages and meets GP2 amenity/access tests, even if EP42 debatable; future applicants should emphasise site-specific merits over generic definitions and provide detailed amenity evidence.
Inspector: Brian J Sims
