7 February 2022 · Planning Committee
Flat 1, 8, Fort William, Douglas, Isle Of Man, IM1 5bq
The proposal is for retrospective permission to retain a 3.4m deep by 6.8m wide timber decking with 1.1m high balustrades, located beyond the front boundary wall and above a shared private pedestrian footpath in the front garden of a basement flat within a late 19th century town house.
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The officer considered the main issues to be character/appearance (GP2 b & c) and neighbouring amenity (GP2 e, g). For character, the decking is 'arguably unusual' as it sits over a private shared foo…
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale/design (b), not adversely affect townscape character (c), not affect public sea views (e), and not adversely affect resident amenity/locality character (g). Officer tested decking against these: low visual impact due to distance/public views and glass balustrades; no greater overlooking harm given existing open gardens and lower level.
Environment Policy 28
Prohibits development at risk from or increasing ground instability unless precautions taken. Assessed as acceptable with no evidence of impact; Building Control not required; developer responsibility per SP 7.22.2.
Reinstate front boundary wall topping
Within one month of this decision becoming final a scaled drawing (1:50) shall be submitted in writing to the Department for approval which shows the reinstatement of the former front boundary wall topping (matching neighbouring property Nr 9) and this approved scheme is required to be completed within 3 months of the approval of such works and retained thereafter. Reason: In the visual amenities of the individual property.
Paint front facing steel dark green
Prior to the occupation of the decked area the front facing steel (harbour side - currently painted red) work below the decking area shall be painted/coloured a dark green colour and retained thereafter. Reason: in the interest for visual amenities.
Paint plinth/sides dark colour
Prior to the occupation of the decked area the plinth/sides of base platform shall be painted/coloured a dark colour and retained thereafter. Reason: In the visual amenities of the individual property.
Highlight step for pedestrian safety
Within one month of the decision becoming final a scheme shall be submitted in writing to the Department for approval to highlight the step from the decking to the footpath to the west of the site/decking and this approved scheme shall be completed prior to the occupation of the decking area and retained thereafter. Reason: in the interests of pedestrian safety
no objections
no formal recommendation; noted pathway private, potential access/fencing issues, questioned decking as retaining structure
Multiple neighbour representations and heritage groups strongly object to the retrospective decking application due to impacts on privacy, visual amenity, heritage character, access rights, biodiversity, and ground stability, while Douglas Borough Council has no objection.
Key concern: blocking communal pathway and rights of way without consent, plus harm to Victorian terrace character in prominent harbour location
Owners of 9 Fort William Head Road
ObjectionWe object to its approval.; It fails to be sensitive to or protect the built heritage; It reduces biodiversity; Large areas of decking are unlikely to be supported at the side or front of a property.
M&P Legal (on behalf of owners of 6 and 7 Fort William Head Road)
ObjectionOur client firmly opposes to this application.; The decking currently blocks a right of way and right of access over a communal pathway, without consent
Isle of Man Victorian Society
ObjectionWe object to the proposals and would ask that the application be refused
Conditions requested: refused with a condition requiring the removal of all works carried out to date
Douglas Borough Council
No ObjectionDouglas Borough Council has no objections.
Isle of Man Natural History and Antiquarian Society
ObjectionIsle of Man Natural History & Antiquarian Society therefore OBJECT to this application.; The proposal does not preserve or enhance the street scene / area.
Owners of 9 Fort William Head Road
ObjectionWe continue to have significant concerns as previously stated and consequently, we object to its approval.
Owner of other flats at 8 Fort William Head Road
SupportI have a strong interest In decking application as it would be a great asset to our building; I don’t have a problem with the deck
Owners of 11 Fort William
Conditional No Objectiona limited extension might be considered acceptable if at the same level as the existing footpath
Conditions requested: carefully designed in appropriate materials; in full consultation with neighbours
Douglas Borough Council
No ObjectionDouglas Borough Council has no objections.
M&P Legal (on behalf of owners of 6 and 7 Fort William Head Road)
ObjectionThe original application for retrospective decking was permitted by the Planning Committee on 2 February 2022 following a site visit, despite officer acknowledgment of a 'finely balanced' case, based on compliance with GP2, Area Plan for the East, and Residential Design Guide. Neighbour J David Wertheim (owner of No 9) appealed as an interested person, arguing conflicts with multiple policies on character, heritage, amenity, safety, drainage, wildlife, and access over shared pathway. Inspector B J Sims conducted an inquiry on 31 May 2022 with site visit, finding the decking obtrusive, incongruous with Victorian terrace, harmful to amenity and safety, with drainage/stability concerns. Recommended overturning approval and refusing permission, citing breaches of GP2(b),(c),(g),(k),(m), EP34, EP42, UEP3.
Precedent Value
Demonstrates inspector prioritises visual harmony of Victorian terraces even outside CA; modern decking forward of boundary walls likely refused if prominent in key views or harming shared access/safety. Neighbours can succeed on appeal with robust heritage/amenity evidence.
Inspector: B J Sims
