30 June 2005 · Minister for Local Government and the Environment
Scrap Yard Store, Main Road, Foxdale, Isle Of Man, IM4 3eh
The proposal was for retrospective permission to install a steel roller shutter door on the rear gable end of an existing shed used for scrap processing and storage at a site designated as 'Predominantly Residential' in the Foxdale Local Plan.
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The Inspector identified the main issue as the potential effect of the rear door on the living conditions of neighbours, particularly noise and visual intrusions.
Foxdale Local Plan Policy F/P/I/3
The policy encourages relocation of the scrap yard to an industrial area if opportunity arises, recognising the site's 'Predominantly Residential' designation and unsuitability for current activity. The Inspector noted the established use but focused assessment on the door's specific impacts, finding it acceptable with mitigation as it does not intensify the use.
Plans approval
This approval relates to the installation of a roller shutter door as shown in the photograph and plans received on 17th January 2005.
Flexible split plastic curtain
A flexible split plastic curtain shall be erected on the inside of the existing aperture of the front door facing Main Road, Foxdale, to cover the whole of the aperture of the door and it shall be permanently retained whenever the front door is opened. The curtain, hereby approved, shall be erected within 4 months of the date of this decision.
no adverse traffic impact
no adverse comments
Highways Division raised no objection due to no adverse traffic impacts; Patrick Parish Commissioners made no comment; local residents David & Patricia Comish objected strongly citing visual and noise intrusion but this is not a statutory consultee response.
Department of Transport Highways Division
No ObjectionNo adverse traffic impacts.
Patrick Parish Commissioners
No CommentThe Commissioners having looked at the above application wish to make no comment.
The original application PA05/00079/R sought retrospective approval for a steel roller shutter door on the rear gable of a scrapyard store in Foxdale; the Planning Committee approved the door but refused an internal partition, a decision confirmed after review on 9th September 2005. Neighbour Mr D Comish appealed the door approval, arguing it intensified noise, visual intrusion, and conflicted with local plan policies. The applicant Mr J E Costain defended it as improving efficiency without vehicle access and offered a front plastic curtain. The inspector found the door beneficial in reducing front traffic but required the plastic curtain condition for neighbour amenity, recommending dismissal of the appeal while upholding approval with the addition. The Minister accepted this on 1st February 2006.
Precedent Value
This appeal shows inspectors can impose additional conditions on upheld permissions to protect amenity, even if committee hesitated on enforceability. Applicants should proactively offer mitigations via conditions; narrow arguments to direct impacts succeed over broad policy challenges.
Inspector: John S Turner
