25 July 2005 · Minister for Local Government and the Environment
Old Smokehouse Yard, Harrys Cottage, Factory Lane, Peel, Isle Of Man, IM5 1na
The site is in the Peel Conservation Area, in a mixed-use zone behind the town centre shopping area, surrounded by residential properties. The proposal involves demolishing disused historic buildings (smokehouse tower, stone shed, lean-to) unsuitable for conversion due to smoke impregnation, and erecting new buildings …
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The inspector concluded the scheme sensitively retains mass, form and historic building lines of the smokehouse buildings, avoiding harm to Peel Conservation Area character despite demolition, as conv…
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to the redevelopment of the site as shown in drawings reference 0001, 0003 and 0004 all received on 14th September 2005 and the location plan and drawings 0000 and the window details all received on 14th April 2005.
Roof materials
The roof(s) must be finished in dark natural slate.
Brick sample
Prior to the commencement of building works a sample of the brick must be approved by the Planning Authority.
Photographic record
Prior to the commencement of any works on the site including demolition, the Department must be provided with the opportunity of undertaking a photographic record of the existing structures on site.
Parking/manoeuvring details
Before development commences details of the layout of the proposed parking and manoeuvring space shall be submitted to and approved by the Planning Authority. No dwelling shall be occupied until the space has been laid out within the site in accordance with the approved drawing. The parking space to be provided shall be kept available for the parking of vehicles at all times.
External lighting
No external lighting shall be provided in connection with this development unless it has been first approved in writing by the Planning Authority.
approved
no objection
no objection, lists requirements
recommends approval subject to brick sample and natural slate
Department of Transport Highways Division objects to the application due to inadequate parking, manoeuvring space, and visibility at the access; IoMWA requests water supply connection condition; numerous local residents and Peel Heritage Trust object on privacy, light loss, parking, fire risk, and heritage grounds.
Key concern: inadequate parking and manoeuvring space from Highways Division objection
Department of Transport Highways Division
ObjectionThe communal parking court offers sufficient space for three/four vehicles. This is inadequate to serve the needs of the development.; The construction of two properties each with two bedrooms and one property with one bedroom usually requires the provision of five off street parking spaces with minimum dimensions of 2.4 metres by 4.8 metres.
Conditions requested: The access drive arrangements should comprise a turning feature to permit a motor car to turn round within the site so that the vehicle can emerge from the site in forward gear
Department of Transport Highways Division
ObjectionObjection: 1. The communal parking court offers sufficient space for three/four vehicles. This is inadequate to serve the needs of the proposed development. 2. There are insufficient details given of the access, including sightlines...
IoMWA
Conditional No ObjectionThe Authority wish to express their interest... and request that a condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes...
Conditions requested: condition of planning that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes or an amendment to the existing supply under the terms of the Water Supply Byelaws; For connections to Flats and Apartments the following apply - 'Water Supply To Flats And Apartments – Regulations', and if applicable a 'Form Of Undertaking In Respect Of Supply Pipes'
Peel Heritage Trust
ObjectionThe site of the proposed demolition and development is not only in the heart of the conservation area, but is also the centre of the manx fishing industry.; These windows... will look down on the row of cottages on the other side of factory lane. The width of the road at that point is about 12 feet...
Conditions requested: retain the smoke house; submit revised plans to develop rest of area behind shop but retain smoke house
The original full application (05/00743/B) was initially refused by the Planning Committee for reasons including overlooking from new windows onto Factory Lane properties, fire safety layout concerns, and insufficient parking/manoeuvring space, but overturned on review and granted permission. Neighbours (Mr A Morgan, Mr & Mrs Pinder, and supporters from Factory Lane) appealed on grounds of privacy loss, loss of light, highway safety, parking, noise, and procedural irregularities. The applicants and Committee defended the scheme as sympathetic to the Conservation Area, with minimal windows necessary for residential viability, adequate parking for town centre, and fire issues as building control matters. The inspector found no harm to Conservation Area character, acceptable privacy impact given urban context, minor light loss not justifying refusal, and highway/parking arrangements safe with conditions; recommended dismissing appeals and upholding permission with added conditions on parking layout and external lighting.
Precedent Value
This appeal demonstrates that in dense Conservation Areas/town centres, inspectors prioritise retaining building mass/form over strict modern amenity/highway standards, allowing flexible parking and accepting mutual overlooking where typical of historic fabric. Future applicants should document officer pre-consultation, propose minimum fenestration for viability, and secure conditions for parking/lighting.
