20 February 2004 · Minister for Local Government and the Environment
Vacant Site Adjacent To 34 Castlemona Avenue Douglas Isle Of Man
The application proposed erecting a 5-storey building (appearing as 3-storey from Castlemona Avenue) containing 16 apartments (14 two-bed, 2 six-bed) with 19 lower ground floor parking spaces accessed from Esplanade Lane on a cleared 22m x 22m brownfield site previously used commercially and now for car parking.
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Initial refusal on 13 Feb 2004 by Planning Committee cited overdevelopment with over-dominant impact on nearby property (e.g.
Isle of Man Planning Scheme (Development Plan) Order 1982
Requires regard to availability/capacity of mains water. Water Authority objection led to condition 2, later deleted on appeal after capacity confirmed.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Services underground
All services must be laid underground and all soil-stacks must be constructed internally.
Parking completion
No flats may be occupied until the car-parking and access area has been completed and is available for use.
Construction method statement
No work may commence until such time as there has been submitted to and approved by the Planning Committee a method statement for the construction works; this statement should be prepared in consultation with the Department of Transport.
Approved plans
This approval relates to drawing no.02/1982/05B date-stamped 8th December 2003, no.02/1982/06 date-stamped 30th September 2003, and no.02/1982/07A date-stamped 25th November 2003.
No adverse traffic impacts subject to conditions on parking, access, and construction method statement
No objection after drainage details and petrol interceptor
Accredited to consult re Fire Precautions (Flats) Regulations 1996; no objection
All flats must be registered under Housing (Flats) Regulations 1982; no objection
Douglas Drainage initially objected due to lack of drainage details but later issued no objection subject to detailed drawings; DOT Highways had no objection subject to specific parking and access conditions; IoM Water Authority requested contact for water connection; Disability …
Key concern: No drainage details have been supplied
Douglas Corporation Drainage Department
Objectionwould have an objection to the above application.; No drainage details have been supplied, full details to be supplied before Douglas Corporation will consider the application.
Douglas Corporation Drainage Department
Conditional No Objectionwould have no objection at to the above application.; Further details have been supplied to Douglas Corporation incorporating drainage details showing suitable connection to sewer in Esplanade Lane and amendments to car park drainage via petrol interceptor.
Conditions requested: Subject to Douglas Corporation Drainage Department receiving full construction detailed drawings of the proposed new manhole to be formed over existing public sewer.
Department of Transport Highways Division
Conditional No ObjectionNo adverse traffic impacts, subject to the imposition of the following conditions
Conditions requested: No unit shall be occupied until the car parking and access area has been completed to the satisfaction of the Planning Authority after consultation with the Highway Authority.; The parking spaces shall be allocated such that every apartment has a parking space.; No work shall commence on site until a method statement for the construction of the proposed development has been agreed by the Planning Authority after consultation with the Highway Authority.
IoM Water Authority
No CommentThe Authority reserve the right to submit an objection to any of the applications listed herein.; For connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required
Conditions requested: condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws
Disability Access Office
No CommentApartment blocks should meet the following requirements.
Conditions requested: Where parking is provided, which includes provision for visitors then five percent of unassigned spaces should be designated for disabled parking.; The ground or primary entrance level should include at least one entrance that is accessible to an unassisted wheelchair user.; Any sanitary facilities provided which are accessible to the public should include a disabled toilet.; All public corridors should be of sufficient width and free from obstruction as to allow a wheelchair user to pass other users of the corridor.; The primary entrance to all apartments should be of sufficient width as to be accessible by an unassisted wheelchair user.; Where apartments and/or parking are provided over more than one level then a lift should be provided of sufficient dimensions as to allow an unassisted wheelchair user to enter, turn around and use the controls.
The original application for a block of 16 apartments was refused by the Planning Committee on grounds of over-development, over-dominance, out-of-scale design, and inadequate parking, with a note on water supply issues. At review, the Committee approved the permission subject to Condition 2 requiring water supply availability before starting development due to capacity constraints at Glencrutchery Water Treatment Works. The appellant appealed the condition, arguing it was unreasonable as it tied commencement to events outside their control, citing Circular 11/95 and the Water Act 1991, and proposed linking the condition to occupation instead. The Planning Committee defended the condition as valid under planning legislation and preferable to refusal. The inspector agreed with the appellants, finding Condition 2 unreasonable and likely ultra vires, recommending its replacement with a condition preventing occupation until water supply is confirmed.
Precedent Value
This appeal sets precedent that planning conditions on infrastructure (e.g., water) should link to occupation, not commencement, if improvements are outside applicant control and delayed. Future applicants should cite Circular 11/95 and propose occupation conditions to avoid permission becoming undeliverable.
Inspector: R E Wilson
