28 January 2011 · Minister for Infrastructure
Fairfield, 7, Empress Drive, Douglas, Isle Of Man, IM2 4lq
The proposal was for retrospective permission to retain a covered storage facility with concrete roof and an oil tank on the rear curtilage of Fairfield Hotel in a conservation area. Neighbours from 9 Empress Drive objected due to the increased wall height (over 280cm, 130cm higher than before), overlooking from the ro…
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The Minister considered the appointed person's report and concurred with its conclusions, allowing the appeal in part for the boundary wall, concrete roof, and oil tank as they did not adversely affec…
General Policy 2
General Policy 2 is a relevant overarching policy from the Isle of Man Strategic Plan. The officer applied it alongside ENV35, assessing the proposal's compliance with visual amenity and neighbour impacts. The rear location, material match to main building, and similar height to nearby walls met policy tests.
Environment Policy 35
ENV35 requires that within Conservation Areas, development preserves or enhances character/appearance and protects special features. Officer found retention acceptable as works are at rear, not visible from Empress Drive, do not adversely affect Conservation Area character; boundary treatment matches main building and wall heights align with locality.
Approved drawings
This permission relates to the retention of the boundary wall, concrete roof, and oil tank as shown on drawings numbered PD-001, PD-002, PD-003, PD-004, and PD-005 and datestamped 25th August 2010, except insofar as these drawings include details of the wooden fence, which is not approved.
No roof terrace
The roof of the covered storage facility shall not be used as a roof terrace at any time.
Do not oppose has no traffic management, parking or road safety implications
no objection
The original application for retrospective permission for a covered storage facility and oil tank at the rear of Fairfield Hotel was approved by the Senior Planning Officer on 25 January 2011, finding no harm to visual amenities or neighbouring living conditions. Neighbour Mr Philip Platt appealed, objecting to the raised boundary wall height, wooden fence, and overlooking from the roof. The inspector conducted a site visit and public inquiry on 24 May 2011, concluding the wall had minimal impact but the wooden fence impaired outlook from neighbouring habitable rooms and yard. The Minister accepted the recommendation on 14 July 2011, approving part (a) boundary wall, concrete roof, and oil tank with conditions, and refusing part (b) wooden fence.
Precedent Value
This appeal demonstrates that even approved retrospective works can be partially overturned on third-party appeal if boundary features cause dominating visual effects on neighbours, despite safety needs. Future applicants should prioritise less visually intrusive screening materials and engage neighbours early, especially in Conservation Areas.
Inspector: John S Turner
