29 December 2004 · Minister for Local Government and the Environment (agreed with Inspector David Ward's recommendation, upholding Planning Committee)
Holly Bank, Little Switzerland, Douglas, Isle Of Man, IM2 6ag
The proposal sought retrospective planning permission for alterations to the front garden of Holly Bank by paving over a former lawn area (about 2.8m wide behind the hedge) with concrete flags, increasing the existing paved area primarily to reduce garden maintenance but also enabling additional parking.
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The refusal was based on the additional paving replacing lawned areas and a small bed, which unacceptably harmed the character of the Registered Building despite its small front garden.
no objection to the proposals
The original applications (04/01813/GB and 04/01813/CON) for alterations to increase the existing paved garden area at Holly Bank, a Baillie Scott designed Registered Building in Little Switzerland Conservation Area, were refused by the Planning Committee due to adverse impact on the building's appearance and character from additional paving and parking. The appellant argued minimal visual impact, historical precedent of on-street parking, reduced maintenance needs, and offered a condition to prevent parking. The Council emphasized retention of the building's character and setting as at designation, with paving exacerbating vehicle parking effects. The inspector concluded the substitution of lawn for paving harmed the building's character despite existing paving, recommending dismissal and reinstatement. The Minister accepted the recommendation, dismissed the appeals, and directed restoration within three months.
Precedent Value
Appeals for hard surfacing in front gardens of historic buildings in conservation areas likely to fail if replacing lawned areas, even retrospectively and with existing paving; reinstatement required to match registered condition, but sympathetic redesign may be approved prospectively.
Inspector: David Ward
