17 September 2013 · Council of Ministers
Highway Refurbishment, Section Of, Derby Road, Peel, Isle Of Man, IM5 1hh
The proposal involved resurfacing the carriageway with buff grip finish and granite setts, repaving footpaths with 75mm random stone slabs and granite kerbs, creating two bus bays with a new shelter, traffic calming features, dropped kerbs, and installing bollards, signage, and street furniture along a section of one-w…
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The inspector concluded that 'the proposals as currently submitted take an insufficiently comprehensive and cohesive approach to the aims of public realm regeneration for this part of Peel, and conseq…
General Policy 2
Requires development to respect site/surroundings in siting, layout, scale, design; not adversely affect townscape character, residential amenity, highway safety. Inspector found fragmented scheme failed these tests, e.g., no holistic response to amenity concerns or adjacent features.
Environment Policy 35
Permits only development preserving or enhancing Conservation Area character. Inspector assessed bus shelter, materials, paving against this; concerns over granite setts' suitability, unclear shelter/lych-gate integration, lack of comprehensive regeneration approach tipped against.
Environment Policy 22
Addresses amenity impacts like noise/vibration. Neighbour raised breaches re bus extension and traffic calming; inspector noted bus stands not strictly planning matter but overall scheme's failure to weigh residential amenity with townscape/transport aims showed non-compliance.
RECOMMENDED FOR APPROVAL
Supports the application; revised drawings resolve procedural objections; enhances Conservation Area, visual amenity, pedestrian safety, bus manoeuvring; no highway safety issues
Part of Peel Regeneration Project Phase 1; improves streetscape, reduces vehicular domination, uses durable natural stone materials, enhances pedestrian priority and accessibility
Highways Division stated 'Do Not Object' to the application. Peel Town Commissioners recommended approval. Local resident Andrew Spencer formally objected due to concerns over noise, fumes, privacy, vibrations, and property damage from the proposed bus stop expansion and traffic calming measures.
Key concern: excessive noise, fumes, privacy loss and vibrations from expanded bus stop and traffic calming measures impacting adjacent residential property
Highways Division
No ObjectionDo Not Object
Peel Town Commissioners
SupportRECOMMENDED FOR APPROVAL
Andrew Spencer
ObjectionThe refurbishment plans include an expanded bus... This will raise the following problems; I cannot at anytime have the windows open due to the noise and diesel fumes; Despite a six foot high wall my privacy will be easily invaded; the creation of a second bus stop outside my property will increase noise... plus the incorporation of a vertical traffic calming measure... will lead to an increase in vibrations impacting my property; No traffic assessment or traffic count has been submitted
Planning application 13/00236/B for road refurbishment, resurfacing, realignment, footpath repaving, bus stop creation, marked parking, and street furniture on Derby Road, Peel, was refused by the Council of Ministers following the inspector's report. The refusal reason was that the proposals failed to take a sufficiently comprehensive and cohesive approach to public realm regeneration, breaching General Policy 2, Environment Policy 35, and Environment Policy 22 of the Isle of Man Strategic Plan 2007. The appellant (Department of Infrastructure, agent McGarrigle Architects) argued the scheme was Phase 1 of Peel Regeneration, enhancing the Conservation Area with quality materials, improving pedestrian safety, and supporting transport integration. The inspector acknowledged the regeneration need but found the scheme fragmented, lacking holistic detail on bus shelter integration, traffic calming, materials suitability, and residential amenity impacts, particularly for nearby resident Mr Spencer. Third-party objections from Mr Spencer (noise, fumes, privacy) and procedural issues from Mr Cushing were noted but largely addressed except for substantive concerns. The Council of Ministers accepted the inspector's recommendation on 12 September 2013, issuing the refusal on 17 September 2013.
Precedent Value
This appeal demonstrates that even government-led public realm schemes in Conservation Areas must demonstrate fully comprehensive, cohesive design addressing all impacts holistically, with reasoned responses to objector alternatives. Future applicants should ensure detailed integration of phased works, material suitability testing, and amenity balancing before submission.
Inspector: Alan Langton
