19 September 2013 · Delegated - Senior Planning Officer (M Kallyher, Director of Planning and Building Control)
Yard, Stanley Road, Peel, Isle Of Man, IM5 1ny
The proposal involved building five flat-roofed lock-up garages, forming an L-shape with a total length of 22m, maximum depth of 5m, and height of 2.5m (1.5m below the existing stone boundary wall), finished in rendered walls and glass fibre sheeting roof, on the eastern boundary of a yard used by Empire Garage for car…
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The officer assessed that the flat-roofed garages' layout, form, and design would harm the character and visual amenities of the locality and fail to preserve or enhance the Peel Conservation Area, br…
General Policy 2
Requires development to respect site/surroundings in siting, layout, scale, form, design; not adversely affect townscape, locality character, or resident amenity. Officer found proposal breached due to harmful visual impact, overdevelopment, and disturbance to nearby homes.
Environment Policy 35
Permits only development preserving or enhancing Conservation Area character/appearance, protecting special features. Flat-roof garages failed to preserve/enhance Peel's historic street pattern and townscape, harming quality.
Paragraph 9.15, Planning Circular 6/89
Requires enhancing Conservation Area character via positive schemes respecting historic streets/spaces. Proposal did not enhance but harmed via incongruous design.
Paragraph 9.16, Planning Circular 6/89
Alterations/extensions must be sympathetic to existing building/setting. New garages not sympathetic to Conservation Area setting.
New buildings in Conservation Area
New buildings only if high design standards respecting scale/character. Garages lacked high standards, detracting from surroundings.
no objection to the current planning application
no objection to the application as it retains the area for use as off road car parking
The original application for five lock-up garages at a yard in Stanley Road, Peel was refused by a Senior Planning Officer under delegated powers due to harm to the character and visual amenities of the area and Peel Conservation Area (contrary to GP2 and EP35), and potential increased noise/disturbance to nearby residents. The appellant argued no visual harm as garages would be below the boundary wall replacing a recently demolished structure, no adjoining residential properties, existing motor-related use, and poor design of surrounding buildings. The Council defended the refusal on conservation and amenity grounds. The inspector, after site visit and inquiry, found no significant harm to character/appearance of the Conservation Area or residential amenities due to site's existing industrial character, lower profile than former building, lack of evidence of disturbance, and compatible use; recommended allowance. The Minister accepted the recommendation and approved subject to conditions including materials approval.
Precedent Value
Demonstrates that in Conservation Areas with established non-conforming uses, replacements of similar scale fitting the existing character can be allowed if no evidenced harm; appellants should document site history and demand evidence for amenity claims.
Inspector: Stephen Amos MA (Cantab) MCD MRTPI