29 July 2008 · Planning Committee
Factory And Premises, South Quay, Douglas, Isle Of Man, IM1 5ax
The site is a former factory on South Quay zoned for residential use, backing onto elevated properties on Douglas Head Road separated by a sandstone wall. The proposal involved demolishing the existing light industrial building and constructing a 5-storey block with 33 apartments, basement parking for 34 cars, balconie…
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Officer assessed that the site's residential zoning made the principle acceptable, but height and proximity (17-18.4m to habitable windows, 9-12m to gardens) would cause 'mutual, actual and perceived …
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale, not adversely affect amenity of residents or character of locality, provide satisfactory amenity standards including access/parking, and not unacceptably affect road safety/traffic. Officer found proposal failed on amenity (overlooking/proximity), highway safety (insufficient info), though visual impact acceptable.
Housing Policy 5
Requires 25% affordable housing in residential developments of 8+ dwellings (8 units here). On-site preferred but commuted sum acceptable per policy wording; not a refusal reason despite preference.
no objection
no objection subject to conditions
interest expressed; principle acceptable as zoned residential
The original application for construction of a 5-storey building with 33 apartments and integral parking was refused by the Planning Committee due to impacts on residential amenity (overlooking and poor outlook for single-aspect flats) and insufficient highway information. The appellant argued that distances to neighbouring properties exceeded urban norms, comparable schemes had been approved, the cliff outlook was acceptable, and a Transport Statement resolved highway concerns, offering an affordable housing contribution off-site. The inspector found no unacceptable overlooking or loss of privacy given urban context, accepted the cliff outlook as sufficient with buyer awareness, noted withdrawal of highway objections, and recommended allowance subject to conditions and affordable housing arrangements. A legal agreement was secured, leading the Deputy Minister to approve the appeal, reversing the refusal.
Precedent Value
Urban infill residential schemes can succeed on appeal by demonstrating separation distances exceed local precedents, buyer awareness of outlooks, and resolving technical issues like highways/affordable housing via supplementary evidence and agreements. Future applicants should prioritise measured evidence over general guidelines and secure off-site contributions early.
Inspector: Michael Hurley
