19 May 2004 · Minister for Local Government and the Environment, following Inspector's report
Coroners Office, 39, Finch Road, Douglas, Isle Of Man, IM1 2pw
The proposal involved a multi-storey office building with two stepped elements on a steeply sloping prominent site in Douglas town centre, featuring glazed ground floors, pitched slate roofs, pale render walls, and vertically proportioned windows echoing local Regency/Victorian styles.
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The inspector identified key issues as intrusion into the Conservation Area and loss of sea views from Christian Road, balanced against regeneration benefits.
Douglas Local Plan Policy D/O/P11
Restricts office development scale to 5 storeys from lowest site point. Proposal steps down slope, max 4 storeys relative to ground levels, complies fully. Officer noted policy respected.
CA/6 Demolition in Conservation Areas
Presumption to retain positive Conservation Area contributors. Existing buildings poor quality/no architectural value; sensitive modern change allowed for regeneration benefits. Inspector noted policy open to change sustaining site.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
On-site parking/turning
The offices hereby permitted shall not be occupied until the hardstanding forming the turning area and the on-site parking spaces shown on the approved plans has been completed, and the hardstanding area and parking spaces shall be kept available and used for no other purpose.
No highway contamination
No water or contaminants shall be permitted to flow or be tracked by vehicle wheels onto the highway.
Construction method statement
No development shall take place except in accordance with a construction method statement which shall be submitted for the written approval of the Planning Committee.
Refuse storage/collection
The development shall not be occupied unless provision has been made for the storage and collection of refuse in accordance with a scheme to be submitted for the written approval of the Planning Committee.
Materials approval
No development shall take place except in accordance with details or samples of the external finishes which have been submitted to and approved in writing by the Planning Committee.
Approved plans
This approval relates to drawings numbered 1130/20B, /21B, /22C, /23C, /24B, /25A, /26B, /27B, /28B, /29 date stamped 10 October 2004.
No objection subject to conditions on parking agreement, on-site completion prior to occupation, no highway contamination, construction method statement
No objection subject to off-site parking for shortfall and adequate refuse storage/collection
Architect consult fire safety department on all aspects
Department of Transport Highways offered conditional no objection due to parking deficit arrangements, while Manx National Heritage and Advisory Council on Planning expressed objections over design, scale, and heritage impacts; Douglas Borough Engineer raised no objection with conditions on parking and refuse.
Key concern: parking standard in Douglas Local Plan is not met in full on the site
Department of Transport Highways Division
Conditional No ObjectionNo adverse traffic impacts, subject to the imposition of the following conditions; This would normally result in DoT Highways responding with an objection on those grounds
Conditions requested: No work may start on site towards the construction of the office development until the applicant has entered into a binding agreement with the Planning Authority to the effect that the required additional parking spaces are made available from the date the offices are completed, such that car parking space is provided in accordance with Douglas Local Plan, within reasonable walking distance.; The offices shall not be occupied until the hardstanding forming the turning area and parking has been completed to the satisfaction of the Planning Authority after consultation with the Highway Authority.; No water or contaminants from the site shall be permitted to flow or be tracked by vehicle wheels onto the highway.; 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.
Manx National Heritage
Objectionemergency access to this public building at all hours is a vital requirement; nor can the design be said to be of such distinction as to create a landmark building
Borough of Douglas Borough Engineer and Surveyor's Department
No Objectionthe committee agreed to raise no objection to the application
Conditions requested: Sufficient car parking should be made off site to accommodate the short fall in spaces required using the established ratio of spaces to floor area, and a suitably worded condition be attached to any approval.; Adequate provision should be made for the storage and collection of refuse.
Advisory Council on Planning and the Environment
ObjectionThis property therefore falls within an area of special interest.
Conditions requested: plans should include extended elevations to indicate height and appearance of neighbouring buildings
Borough of Douglas Borough Engineer and Surveyor's Department
No Commentwould request a deferment to the above application
Isle of Man Fire and Rescue Service
No CommentI do not require to appear at the review hearing provided that the previously submitted written observations made on my behalf are taken into consideration
The original application PA 03/01473/B for erection of an office development with parking to replace existing offices and gym was refused on review on 17 November 2004 due to the scale and position causing intrusive development harming the Conservation Area character and obstructing sea views from Christian Road. The appellant argued the design evolved through consultation, complied with policy height limits, replaced poor-quality buildings, and provided regeneration benefits with no consultee objections to the final scheme. The Council defended the refusal emphasizing bulk, dominance, and view loss despite improved design. The inspector found the site challenging, requiring a prominent building of quality rather than modest blending; accepted minor intrusion and view loss but prioritized regeneration benefits, lack of conservation objections, and design quality to recommend approval with conditions including Section 18 undertaking for 14 off-site parking spaces.
Precedent Value
Demonstrates appeals can succeed in Conservation Areas by proving no 'modest' option viable on constrained prominent sites, prioritizing quality redevelopment over strict view preservation when supported by conservation experts and regeneration policies. Future applicants should engage pre-submission consultation, secure consultee support, and propose landmark designs with viable quantum.
Inspector: David Ward
