26 May 2006 · Minister for Local Government and the Environment (via Chief Executive, following Appeal Inspector David Ward's recommendation)
Garage, 21, Victoria Terrace, Douglas, Isle Of Man, IM2 4ex
Mike Hewison Auto Engineers sought to amend previously approved planning permission PA 03/01754/B by adding a first floor office (32m², pitched roof to 5.3m height) over a single-storey garage store (8m wide x 5.5m long x 3.2m high), creating emergency pedestrian access to Marathon Road, and upgrading the forecourt.
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Appeal inspector David Ward concluded it was 'finely balanced' but architectural benefits outweighed small additional intrusion to No 12 Victoria Terrace compared to already-approved scheme.
Registration of Buildings - Criteria to be Applied
Requires identifying/protecting buildings of special architectural/historic interest, considering group value (e.g. Victoria Terrace Registered Nos 1-12). Inspector found proposal enhances setting via sympathetic design over existing/approved flat-roof.
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 submitted documents and drawing 03/2510/1(B) all received on the 31 January 2006, except as modified by condition (7) below.
No vehicle repairs
The garage store shall at no time be used for vehicle repair.
Emergency access only
The proposed pedestrian access to Marathon Road shall be used for emergency use only and shall not be used in any connection with trade and business. Details of the locking arrangements must be submitted to the Planning Authority for their written approval.
Materials approval
A colour scheme for the finish of the building must be submitted for the written approval of the Planning Authority and the building must thereafter be maintained within the approved colour scheme.
No signs
No signs must be erected without the prior approval of the Planning Committee.
Footprint match
The footprint of the building approved must be the same as that approved in planning permission PA03/1754.
No objection
No objection (architect to consult on fire precautions)
Relocates existing office for safety; no extra activity/parking; enhances street scene; complies with prior approval
Highway Division objects due to lack of off-street parking for the new office and potential increase in on-street parking; Douglas Borough Engineer has no objection; multiple residents object on grounds of visual impact, parking, traffic safety, and residential amenity.
Key concern: lack of off-street parking for new 32m² office
Department of Transport Highway Division
ObjectionThe new office is not supported by any additional off street parking facilities (1 space per 15 square metres for out of town provision); The office development is 32 metres in area and should provide 2 off street parking spaces to meet the 1 space to 15 square metres standard
Douglas Corporation
No ObjectionDouglas Corporation have no objection to the proposals listed below.
The original application 06/00165/B, an amendment to previously approved PA 03/01754/B, was refused by the Planning Committee for intensification of non-conforming garage use in residential area, increased activity/parking pressure, and harm to residential amenity and street character. Appellant argued no increase in traffic/parking, relocation of existing office for safety, design sympathetic to surroundings, and prior approval for similar elements. Inspector found parking standards not applicable due to no intensity increase, minor overbearing on No 12 outweighed by architectural benefits enhancing the terrace setting, and no unacceptable harm to street scene. Appeal allowed subject to conditions including emergency-only access, no vehicle repairs in extension, footprint matching prior approval, and approval of finishes/signage.
Precedent Value
Demonstrates finely balanced cases can favour development where design benefits to heritage settings outweigh modest neighbour impacts; prior approvals carry weight unless materially challenged contemporaneously. Applicants should emphasise no-intensity evidence and accept restrictive conditions.
Inspector: David Ward
