14 July 2006 · Delegated - Director of Planning and Building Control (M. I. McCauley)
59, Devonshire Road, Douglas, Isle Of Man, IM2 3ra
The proposal involved demolishing an existing single-storey garage at a two-storey semi-detached house in a predominantly residential area of Douglas and replacing it with a rebuilt ground-floor garage plus a first-floor bedroom extension projecting 3.65m from the gable end and 6m long.
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The officer split the proposal into the two-storey side extension and Velux balcony roof window. For the extension, loss of light to No.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved drawings
This approval relates to the submitted documents and drawings 02, 03, 04 and 05 all received on 28th April 2006.
Surface water drainage
There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Department of Transport Drainage Division and the Sewerage Act 1999. It should be noted that it is an offence under Manx legislation to permit the discharge of polluting or harmful matter to any public sewers or watercourses. Appropriate measures must be taken by the developer / occupier of the premises to ensure compliance with the legislation. The Drainage Services Manager at Douglas Corporation should be consulted hereon.
no objection
do not oppose the application
no objection subject to surface water drainage condition
recommends smoke detection (note only)
stand by intentions; officer addressed all points; construction issues for building control; pre-application consultation with neighbours; condition surveys planned
Statutory consultees including Highways Division, Douglas Drainage Services, Douglas Building Control, and Fire Service raised no objections to the application, with minor conditions on drainage and smoke detection; neighbour objections focused on covenants, structural damage ris…
Department of Transport Highways Division
No ObjectionDo Not Oppose
Douglas Drainage Services
No ObjectionDouglas Corporation acting as The Agent for the Department of Transport, under the Sewerage Act 1999 has no objection in principle to the above application.
Conditions requested: There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Department of Transport Drainage Division and the Sewerage Act 1999.
Douglas Building Control
No ObjectionDouglas Corporation have no objection to the proposals
Isle of Man Fire and Rescue Service
No ObjectionThe installation of mains wired, interconnected domestic smoke detection conforming to BS 5446 : Part 1 : 2000, and installed to conform with BS 5839 : Part 6 : 1995, is recommended
Conditions requested: The installation of mains wired, interconnected domestic smoke detection conforming to BS 5446 : Part 1 : 2000, and installed to conform with BS 5839 : Part 6 : 1995, is recommended in accordance with Section 1 of the Building Regulations 2000 – Approved Document B
The original application (06/00726/B) for alterations and extensions to provide additional living accommodation at 59 Devonshire Road was approved by the planning authority (case officer Chris Balmer). Neighbours at 57 and 61 Devonshire Road objected and appealed, citing loss of light, overbearing impact, structural concerns, privacy loss, fire access issues, and visual harm to the street scene including terracing precedent. The planning authority defended the approval, arguing no significant harm to residential amenity or street scene, citing precedents and adequate setbacks. The inspector, after a public inquiry and site visit, concluded no material harm to neighbour amenity or street scene due to site-specific features like level differences and roof design, dismissing non-planning matters like covenants and building regulations. The appeal was dismissed on 26 January 2007, upholding planning approval.
Precedent Value
This appeal confirms that neighbour amenity objections must demonstrate material planning harm, not just subjective discomfort; site visits are crucial for inspectors to assess light/outlook claims. Future applicants should emphasize setbacks, roof design and level differences to counter terracing concerns in sloped residential streets.
Inspector: Terrence Kemmann-Lane