10 May 2005 · Minister for Local Government and the Environment (on appeal, following Inspector's report)
Land Off Willow Terrace Douglas
The proposal involved a three-storey block of 12 two-bedroom apartments (each ~66 sq.m internal area) on a 739 sq.m brownfield site at the northern end of Willow Terrace, Douglas, with 12 rear parking spaces off Stephen Lane, 3 visitor spaces in a front lay-by, small ground-floor patios, and a 106 sq.m communal roof te…
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
The Inspector found the 11m ridge height and 12.5m depth created an over-dominant, oppressive effect on outlook from Willow Terrace properties (15m separation) and rear dwellings on Woodbourne Road/St…
Policy D/R/P1 (Douglas Local Plan)
Restricts residential development to indicated areas; site within 'Predominantly Residential' zone so no in-principle objection.
Douglas Local Plan - Residential development in mixed tourism/residential areas
Supports redevelopment of previously-developed land; brownfield site redevelopment efficient use consistent with policy.
Douglas Local Plan - Parking standards
1.5 spaces/unit outside town centre; site ~80m from Central Area so strict application requires 1.5 but precedents accepted 1:1; proposal provides 1:1 + visitors but access issues overrode.
Town centre parking
1 space per 2-bed apartment (3 bedspaces) may be appropriate near centre; applied despite site outside boundary due to proximity, but access constrained site.
no adverse traffic impact subject to conditions (objection withdrawn 25 Jan 2005)
objection withdrawn
Private residents Mr and Mrs Fozard strongly object to the development on multiple grounds including scale, privacy, parking, traffic, and conservation impacts; Department of Transport initially objected but withdrew objection subject to conditions; Douglas Corporation and MHK John Shimmin raised no objection and personal objection respectively.
Key concern: overdevelopment and encroachment on conservation area / listed building
Mr and Mrs Fozard
ObjectionThe new building therefore occupies almost twice as much area as the original.; The provision of 15 parking spaces for 12 apartments is of grave concern.; This small, quiet, area retains a certain sense of place to be protected and valued.; I strongly urge that the appeal be rejected.
Department of Transport Highways Division
Conditional No ObjectionThe Department’s objection is withdrawn and the response is now: No adverse traffic impacts, subject to the imposition of the following conditions.
Conditions requested: No unit shall be occupied until the car parking has been completed to the satisfaction of the Planning Authority after consultation with the Highway Authority.; No work shall be carried out on site until the rear lane links through the existing wall to provide a circulating route to and from Prospect Terrace, 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.
Douglas Corporation
No ObjectionDouglas Corporation have no objection to the proposals listed below.
John Shimmin MHK
ObjectionI wish to oppose the application on grounds of over intensive development of the site, height of building and potential for overlooking neighbours, traffic movements and parking in the adjacent areas.; I have no objection to a more modest development.
The original application for 12 apartments with parking and amenity space was refused by the Planning Committee for overdevelopment harming privacy/outlook/amenity of existing dwellings and poor highway access. Appellant argued the design fits the Conservation Area, provides adequate privacy via obscured glazing and normal urban relationships, sufficient amenity via roof terrace/patios exceeding nearby precedents, and highway improvements via new through-route reducing Stephen Lane traffic. Inspector found the 11m ridge height and 12.5m depth over-dominant compared to approved 5 townhouses (9m high, 8.5m deep), harming outlook/privacy for Willow Terrace/Stephen House/Woodbourne Road residents despite design merits. Amenity space deemed inadequate as communal roof terrace impractical and lacking private gardens unlike approved scheme. Vehicular access via narrow congested Stephen Lane would exacerbate emergency vehicle issues despite DOT no-objection. Appeal dismissed upholding refusal.
Precedent Value
Dismissal sets that proposals exceeding approved scheme parameters (height/depth/unit numbers) risk overdevelopment harm even in sustainable brownfield CA sites; future applicants must benchmark precisely against extant permissions and provide truly private amenity, not communal innovations; emergency access weighs heavily in narrow lanes.
Inspector: David G Hollis
