8 November 2010 · Senior Planning Officer (delegated under Article 3(13) of the Town and Country (Development Procedure) Order 2005)
4, Osborne Terrace, Douglas, Isle Of Man, IM1 3lh
The site is a garage and garden plot opposite 4 Windsor Terrace in Douglas, within a Conservation Area and zoned residential. The proposal involves demolishing a non-contributory timber garage and replacing it with a new garage of similar design to an adjacent approved structure, but 2.6m longer at 10.5m depth to allow…
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The existing timber garage has no architectural merit and is inappropriate for the Conservation Area, not contributing to its character.
General Policy 2
General Policy 2 from Isle of Man Strategic Plan 2007 is relevant. The officer assessed the proposal as compliant overall, with the replacement enhancing the site despite Conservation Area sensitivities. No specific test failure noted.
Environment Policy 35
Requires development in Conservation Areas to preserve or enhance character and appearance, protecting special features. Existing garage does not contribute and lacks merit; replacement does not preserve but enhances over existing, similar to adjacent approval, with Conservation Officer content and no adverse impact.
Environmental Policy 39
Relevant from Strategic Plan 2007. Assessed as compliant in Conservation Area context, with proposal not adversely affecting character.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved drawings
This permission relates to the demolition of existing timber garage and erection of a replacement garage and hardstanding as shown in drawing numbers WL/10/1166/1, WL/10/1166/2A, WL/10/1166/3A and WL/10/1166/4A date stamped 9th September 2010.
Garage door material
The garage door to be installed must be constructed out of timber.
Ancillary use only
The garage shall only be used for ancillary purpose to the enjoyment of the main dwellinghouse of No.4 Windsor Terrace.
Do not oppose, has no traffic management, parking or road safety implications
No objection
The original application (10/01326/B) for creation of additional ground-level parking at Skandia House was granted approval by the planning authority despite third-party concerns. Appellant Mr David Summers appealed, primarily objecting to construction noise and vibration from rock-breaking, citing past health impacts and seeking details on noise levels and methods. The applicant and council argued construction impacts are temporary, controlled by environmental health, parking improves standards and reduces street parking, with minimal visual/residential effects due to screening and distance. Inspector G Farrington found noise impacts short-term (12 weeks), mitigated by modern equipment, distance (100m), and screening, with no disproportionate harm; other issues like visual amenity and highway benefits were acceptable. The appeal was dismissed on 17 January 2011, confirmed by the Minister on 2 February 2011.
Precedent Value
Temporary construction noise, even from rock-breaking, is not a valid planning refusal ground if short-term, controlled by environmental health, and evidenced as mitigated. Applicants should proactively submit construction method statements; objectors must show disproportionate harm beyond regulatory controls.
Inspector: G Farrington
