17 March 2008 · Minister for Local Government and the Environment (following appeal inspector report)
Nobles Park, Douglas, Isle Of Man, IM2 4bd
The proposal involved creating a 21-space Grasscrete car park on a former children's play area, resurfacing park roads and paths, forming a new pedestrian entrance for segregation from vehicles, rebuilding unstable stone entrance piers, and erecting an ornate metalwork arch at Nobles Park, Douglas.
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The officer assessed two key issues: the principle of introducing a car park into public open space and its visual impact.
General Policy 2
General Policy 2 requires development to accord with the Development Plan. The officer assessed the proposal against the Douglas Local Plan zoning as public open space; car park failed as it conflicted with open space protection, while other elements were modest and compliant.
Recreation Policy 2
Recreation Policy 2 prohibits loss of open space/recreation facilities unless alternative equivalent provision is made or there is overall community gain without significant effects on amenity/character. Car park failed both exceptions: no alternative open space offered, parking need not justified over existing provisions, resulting in recreational loss on former play area.
Approved plans
This permission relates to the paving of roads and paths, the formation of a new pedestrian entrance, rebuilding of the stone entrance piers and erection of metalwork arch as shown in drawing numbers SK 14, SK 15, SK 23 and supporting letter date-stamped 5th December 2007, with the exception of the provision of and all associated works for the creation of a car-park.
Time limit
The development hereby permitted shall be completed within 6 months of the date of this decision.
Do not oppose
Support limited parking for disabled and families due to access difficulties
Manx Electricity Authority requests contact prior to works due to underground cables/overhead lines; Highways Department does not oppose but notes the new entrance will not accommodate two-way flow of commercial vehicles; Douglas Borough supports for safety reasons; public letters include support and objection.
Key concern: The new five metre wide entrance to Nobles Park will not accommodate the two way flow of commercial vehicles
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application; Please contact our Network Operations Department, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines; a condition of planning be that the applicant must contact the Authority
Conditions requested: applicant must contact the Authority; Contact our Network Operations Department (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site; Contact the M.E.A. for Electrical Site Safety 5 documents (Tel. 687766), before any work is carried out on site; All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6
Highways Department
No ObjectionDo not oppose; Nb The new five metre wide entrance to Nobles Park will not accommodate the two way flow of commercial vehicles
Douglas Borough Council
SupportOn site parking is therefore required for the various activities that occur in the park throughout the year; This together with the proposed re-surfacing of some pathways should ensure the pedestrian/vehicle segregation is achieved resulting in a safe environment
The original application for improvements at Noble’s Park, including a Grasscrete car park on a former children’s playground, paving, new pedestrian entrance, rebuilt stone piers and metalwork arch, was refused by the Department due to the car park's conflict with public open space zoning and unacceptable visual impact. The appellant argued the car park was needed for park users, especially elderly/disabled, during events when main parking is unavailable, and would aid pedestrian/vehicular segregation. The Council defended refusal on loss of open space and visual harm from permanent parking. The inspector found the car park unjustified, contrary to Recreational Policy 2 and the park's recreational spirit, with potential pedestrian/vehicle conflicts and unacceptable visual impact despite some screening; other elements were acceptable. The appeal was recommended allowed in part, approving paving, entrance, piers and arch subject to conditions excluding the car park.
Precedent Value
Demonstrates strict protection of public open space/recreation land; additional parking in parks requires robust justification, detailed management plans and no conflict with recreational spirit/policies. Future applicants should provide quantified parking data, conflict mitigation and align with long-term plans like 5 Year strategies.
Inspector: John S Turner
