8 September 2006 · Planning Committee
Former Gas Production And Storage Area, South Quay, Douglas, Isle Of Man, IM1 5at
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Engineering measures could overcome traffic and road safety difficulties via planning conditions if inspector recommends.
The 2003 case involved refusal by the Planning Committee of a 2-4 storey block of 14 apartments replacing an auto-electrical centre, primarily due to health and safety risks from nearby LPG and fuel storage at Battery Pier. Appellant presented detailed risk modelling from HSL showing low risk from BLEVE scenarios, compliance with HSE zones, and alignment with Douglas Local Plan policies for residential regeneration. Inspector conducted a public inquiry, assessed safety risks as minimal even accounting for Isle of Man's limited emergency resources, rejected HSE PADHI application without new maps, found proposal compliant with policies DIHRJP1/DIHRJP2, and recommended allowance. Minister upheld the recommendation on 17 December 2003 with conditions on drawings, finishes, and commencement. The 2006 case (06/00505/B) submissions are third-party objections to a larger 7-storey 60-apartment proposal, citing overdevelopment, incompatibility with character, safety near fuel sites, traffic/parking overload, loss of views/green space, and breach of covenants; outcome not stated in documents.
Precedent Value
Demonstrates that robust quantitative risk assessment can overcome HSE 'advise against' near major hazards if risks proven broadly acceptable; small-scale residential (14 units) more feasible than large (60); adopted local plans prevail over unapproved strategies.
Inspector: GTO (independent inspector, 2003)
