18 January 2013 · Deputy Minister for Infrastructure, Mr John Shimmin, MHK, following report by the appointed person
Farmhill Manor, Farmhill Lane, Douglas, Isle Of Man, IM2 2ef
The proposal involved changing the use of Farmhill Manor, a vacant late Georgian registered building in a residential area of Farmhill, Douglas, to a children's nursery accommodating 70-80 children, with minor works to widen the access onto Upper Farmhill Lane (providing a 2m x 23m visibility splay) and add two passing…
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The Planning Committee refused the application despite the officer's recommendation for approval, primarily due to concerns over the highway safety impact of up to 50 peak-hour vehicle movements from …
Transport Policy 4
Requires highways serving new development to safely accommodate generated vehicle/pedestrian journeys. Officer found sufficient capacity despite doubled peak movements (50/minute equivalent), but refusal found junction's width/sightlines inadequate for nursery traffic, failing safe accommodation test.
General Policy 2
Permits development respecting amenity, providing safe access and no unacceptable road safety/traffic effects (i). Assessed compliant by officer on noise/heritage but failed on highway safety (i), with visitor traffic deemed to unacceptably impact safety at crossroads.
Environment Policy 33
Permits registered building change of use if appropriate and non-detrimental to character. No building alterations proposed; officer confirmed suitable rooms, minimal future change risk, beneficial re-use of vacant structure without harm to fabric/setting.
Community Policy 2
New community facilities (nurseries) should serve local population, be accessible to non-car users, re-use vacant buildings. Proposal re-uses vacant manor for local families; walking access possible though contested; officer accepted principle in residential area.
no objection to the proposal
welcome addition as nursery places scarce; benefits local families reducing travel; job opportunities; suitable site with space; prevents building dereliction
The original application for alterations to the driveway and additional use of the dwelling as a children's nursery (up to 76 children) at Farmhill Manor was refused by the Planning Committee, contrary to officer recommendation, on grounds of unacceptable highway safety impacts due to increased traffic at the inadequate crossroads. The appellant argued the principle was policy-compliant, minimal impact on the Registered Building, no unacceptable harm to living conditions, and highway safety acceptable based on traffic surveys and proposed mitigations. Objectors raised concerns over traffic increase, accidents, noise, and unsuitability for the quiet residential area. The inspector found the principle acceptable, no harm to the Registered Building, and living conditions not unacceptably affected, but concluded highway safety would be unacceptably jeopardised by additional unfamiliar drivers and pedestrians on substandard roads, outweighing other benefits. The appeal was dismissed on 5 June 2013.
Precedent Value
Demonstrates highway safety can decisively override policy-compliant re-use of vacant Registered Buildings in residential areas if generating significant additional movements on substandard local roads. Future applicants must robustly address qualitative risks to pedestrians/vulnerable users beyond capacity and surveys.
Inspector: Ruth V MacKenzie BA(Hons) MRTPi
