16 July 2004 · Minister (via Department of Local Government and the Environment, accepting Inspector's recommendation)
2a, Victoria Place, Douglas, Isle Of Man, IM2 4et
The application sought permission to demolish an existing single-storey pitched-roof shop/store/workshop and erect a new two-storey building comprising a 26m² shop unit with covered forecourt for two cars, an integral garage (2.4m x 10m for two cars nose-to-tail), and a two-bedroom flat above with front and rear fenest…
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The Inspector concluded the retail use was inappropriate in the narrow residential cul-de-sac, generating unacceptable pedestrian/vehicular traffic where vehicles cannot easily pass and no footways ex…
Replacement improves dilapidated appearance; provides housing/business for son; 5 off-street spaces; obscure glass/Velux to mitigate privacy; no access blockage; pays business rates as shop; nearby precedents
no objection; offered storage/parking for construction
no objection
Multiple local residents and Samaritans object strongly to the proposed development citing privacy loss, sunlight reduction, traffic congestion, parking issues, and incompatibility with the conservation area; Douglas Borough Engineer has no objection.
Key concern: loss of privacy from overlooking into neighbouring gardens and living rooms
Douglas Borough Engineer
No ObjectionDouglas Corporation have no objection to the proposals
Samaritans
Objectionwould prevent access, by Samaritans volunteers, to the operational centre, which is manned 24 hours a day; A two storied building on the site would be inconsistent with existing development and completely out of character; The development of commercial premises will inevitably increase traffic to a level that the road was never designed to accommodate
Valerie Cottle
ObjectionThe windows of Mr. Jopson's proposed flat would be staring straight into our living rooms and main bedrooms; A two-storey building would also cast heavy shadows across our gardens for much of the day
Brenda Bailey
Objectionwould cause this part of the house to be overlooked, would de-crease the amount of sunlight; This is a RESIDENTIAL AREA- NOT RETAIL
Brenda Cannell MHK
Objectionresulting in overdevelopment of site, loss of privacy and natural light to neighbours; introduction of shop plus additional vehicle parking is undesirable
Peter Griffiths
Objectionmy garden area will be directly overlooked by this proposed development; The proposed development will rob my garden of a major part of the days sunlight
The original application (04/00955/B) for erection of a shop/garage with associated flat over to replace the existing single-storey shop/store was refused by the Planning Committee on 15 July 2004 (confirmed 16 September 2004) due to traffic/parking issues in a residential area, poor design impacting visual character, and loss of privacy to neighbours. The appellant argued the development would improve the site's appearance, provide off-street parking for up to 5 cars, protect privacy via obscure glazing or Velux windows, house his son, and fit with local mixed uses. The inspector found the retail use inappropriate for the narrow cul-de-sac, parking inadequate despite provisions, unacceptable privacy loss and oppressiveness to neighbours, poor design out of keeping with Victorian Registered Buildings, and personal circumstances insufficient to justify it. The appeal was dismissed.
Precedent Value
This appeal demonstrates that in residential cul-de-sacs near Registered Buildings, retail introductions and two-storey developments face high hurdles on traffic, privacy, and design; robust evidence of existing use and effective mitigations are essential, while personal needs carry little weight.
Inspector: Michael Hurley
