13 June 2014 · Delegated - Director of Planning and Building Control
24, Derby Square, Douglas, Isle Of Man, IM1 3ls
The site at 2-4 Derby Square previously had low-rise commercial buildings that were demolished following prior approval PA 09/01624/B granted in 2010 for two town houses. This application sought amendments including changes to the lower ground floor, reduced garage sizes, added bay windows, sunken lower floor with stai…
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The principle of two dwellings on the site was established by prior approval PA 09/01624/B granted in 2010, which has been implemented by demolition and site clearance, providing a fallback position.
Strategic Policy 1
Requires optimising previously developed land, efficient site use, and utilising existing infrastructure. The officer assessed the proposal as making effective use of previously developed brownfield land in a sustainable urban location with good access to services.
Strategic Policy 2 - Priority for new development to identified towns and villages
Directs new development to existing towns and villages. The site is within Douglas urban area, a suitable location for residential development.
Strategic Policy 4
Requires protection or enhancement of Conservation Areas. The proposal preserves the character through Victorian-style design compatible with surroundings.
Spatial Policy 5
Requires new development to positively contribute to the environment via design. The officer found the design makes a positive contribution matching local Victorian terraces.
Strategic Policy 10
Promotes integrated transport minimising car journeys and ensuring highway safety. Rear access and two parking spaces per unit accepted by Highway Services.
General Policy 1
Requires regard to Development Plan and material considerations. Used as overarching policy for assessment.
General Policy 2
Permits development in accordance with Area Plan if respecting site, scale, design, amenity, parking, and road safety. Officer confirmed compliance on all tests including character, amenity, and parking.
Environment Policy 35
Permits development in Conservation Areas only if preserving or enhancing character. Key test applied; proposal preserves via compatible design, with conditions on slate and sash windows.
Housing Policy 4
Locates new housing in towns/villages. Site in Douglas complies.
Transport Policy 7
Requires parking per standards. Two spaces per dwelling via garages meets requirements.
Planning Policy Statement 1/01 - Policy CA/2 (Conservation Areas)
Requires consideration of impact on Conservation Area character and setting. Proposal preserves character; no adverse effect on views or setting.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Natural slate roof
The roof shall be finished with natural slate as confirmed by the applicant's letter of 16 May 2014, and shall be permanently retained as such. Reason: In the interests of the character and appearance of the Conservation Area.
Sliding sash windows
The windows on the west, north and south elevations shall be of a vertically sliding sash design as confirmed by the applicant's letter of 16 May 2014. Reason: In the interests of the character and appearance of the Conservation Area.
Garage parking only
The garage shall at all times be made available for the parking of private motor car(s) and shall be retained available for such use. Reason: To provide adequate off-street parking.
Obscured glazing on south gable
The proposed windows on the south gable shall be glazed with obscure glass to Pilkington Level 5 or equivalent. The window shall also be non-opening. The window(s) shall be permanently retained as such. Reason: To safeguard the amenities of adjoining occupiers from overlooking and loss of privacy.
no objection
no objection
The original application 14/00390/B for demolition of commercial buildings and erection of two town houses (amendments to prior approval PA 09/01624/B) was approved by the Planning Authority on 13 June 2014 subject to conditions. Neighbours at Vine Villa appealed, objecting primarily to south gable windows overlooking their property and unauthorised works progressing ahead of the decision. The inspector assessed impacts on the conservation area and residential amenity, finding the design complementary to the area and privacy protected by obscure glazing conditions. The appeal was dismissed by the Minister on 6 November 2014, confirming the approval with revised conditions.
Precedent Value
Appeals against approvals can be dismissed if inspector finds conditions adequately mitigate impacts like overlooking in conservation areas; applicants should prioritise robust fallback permissions and site-specific glazing evidence. Neighbours learn that past non-enforcement does not preclude future compliance expectations.
Inspector: Alan Langton
