10 February 2006 · Director of Planning and Building Control (M. I. McCauley) under delegated powers; refusal upheld by Minister via appeal Inspector
Old Builders Yard Adjacent To, 2, Droghadfayle Park, Port Erin, Isle Of Man, IM9 6er
The site is a small rectangular plot (approx 26m x 11.8m) fronting Droghadfayle Park, currently containing an overgrown modest shed, scattered materials, and vegetation, in a predominantly residential area.
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 officer's report concluded the proposal would intensify built development and use on a site with only modest infrequent existing storage (described as 'overgrown and modestly sized shed' not regul…
Port Erin Local Plan (Mixed Use zoning)
Zoning as Predominantly Residential does not preclude all non-residential uses but requires they do not harm residential amenity; officer assessed proposal fails as it intensifies non-conforming industrial/storage use, adversely affecting streetscene, neighbours, and traffic in residential/Home Zone area. Inspector concurred, noting non-conforming status even if use established.
No objection to land used as builder's store (established use for many years); approve subject to conditions restricting use to builder's store and no further extensions
The original application for erection of a replacement builder’s store on an existing builders yard adjacent to 2 Droghadfayle Park, Port Erin (05/92284/B) was refused by the Planning Committee. The appellant argued the site had an established builders yard use, the proposal represented renovation rather than intensification, the building design was appropriate and low-impact, and it complied with 'Predominantly Residential' zoning by not harming the area. The Council defended the refusal citing intensification of a non-conforming industrial use, harm to streetscene and residential amenity. Multiple third parties objected on grounds of no established use, inappropriate design, traffic, noise, precedent and devaluation. The inspector concluded the proposal would perpetuate and intensify a non-conforming use in an established residential area, with a large industrial building detrimental to character, streetscene and neighbour amenity, and questioned the need given infrequent use; recommended dismissal.
Precedent Value
Dismissal reinforces protection of Predominantly Residential areas against intensification of non-conforming uses, even if arguably established; applicants must demonstrate clear need and no harm to amenity/streetscene, with evidence of actual use critical as sporadic activity weakens justification for new buildings.
Inspector: Terrence Kemmann-Lane
