30 October 2008 · Council of Ministers
Land Between Reayrt Y Sheear And Ballanard Road, Johnny Watterson Lane, Douglas, Isle Of Man, IM2 6ps
The proposal involved building 18 low-rise apartment blocks (16 for older residents in four blocks and 2 first time buyer units in one block) on an undeveloped site within an approved larger residential development, with 25 car parking spaces and landscaping.
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The inspector assessed three principal issues: neighbour amenity, visual impact, and parking. On amenity, the scheme was a 'significant improvement' over the approved prior scheme, with apartment bloc…
Parking Standards for New Residential Development
Requires 2 spaces per 2-bed unit (36 total), but relaxable near bus routes/schools if no unacceptable on-street parking. Assessed acceptable due to walking distance to bus/schools; optional extra spaces available; improves layout.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This permission relates to the erection of 16 public sector apartments in 4 blocks and 2 first time buyer apartments with associated car parking, and landscaping shown on the following drawings: 2342_A_PL100, 2342_A_PL101 Rev A, 2342_A PL110, 2342_A_PL111, 2342_A PL112, 2342_A_PL113 Rev A and Design Statement from Dandara Contracting Ltd date stamped 14 May 2008.
Underground services
All services including electricity and telephone, where installed, must be laid underground.
Highway connection
No residential unit shall be occupied until there is a direct connection from it to an existing highway, via a footway and carriageway which are adequately lighted and completed to base course level.
Estate roads
No works shall be commenced on the penultimate apartment block on the site until all the estate roads have been completed.
Tree/hedge protection
The tree and hedge protection measures approved under 05/02110/B granted on 7 April 2006 shall be carried out during the course of construction.
Access and parking prior to occupation
No residential unit hereby permitted shall be occupied until the vehicular and pedestrian means of access and car parking and manoeuvring areas have been constructed in accordance with the approved plans.
Bin storage
No residential unit hereby permitted shall be occupied until the bin storage facilities have been provided in accordance with details which have been submitted to and approved in writing by the local planning authority.
Block paving samples
No development shall take place until samples of the block paving materials have been submitted to and approved by the planning authority, and these works shall be carried out in accordance with the approved details.
Drainage details
No development shall take place until drainage details, including details of the storm cell, have been submitted to and approved by the planning authority, and these works shall be carried out in accordance with the approved details.
Landscaping scheme
No development shall take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the planning authority, and those works shall be carried out as approved. Details of hard landscaping works shall include finished levels or contours, means of enclosure, boundary treatment, footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details within 3 months of the first occupation of the dwellings hereby permitted; all planting shall be carried out in accordance with the approved details in the first planting and seeding seasons following that first occupation. Any tree or shrub which within a period of 5 years from the completion of development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species, unless the planning authority gives written consent to any variation.
No objection
Significant improvement over approved scheme; no harm to amenity or visual amenities; parking acceptable
No statutory consultees objected to the application; utilities, drainage, fire service, and building control raised no objections subject to standard conditions on connections, discharges, and compliance; public representations objected on height, visual impact, parking, and future use.
Isle of Man Water Authority
Conditional No ObjectionFor connections to Flats and Apartments the following apply - "Water Supply To Flats And Apartments - Regulations", and if applicable a "Form Of Undertaking In Respect Of Supply Pipes" will be required
Conditions requested: applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws; Applicant should contact the Water Authority to discuss protecting the main before construction work commences
Borough Of Douglas Drainage Services
Conditional No Objectionit is an offence under Mans legislation to permit the discharge of polluting or harmful matter to any public sewers or watercourses
Conditions requested: There must be no planting of hedging/shrubbery within 3m of the horizontal alignment of the proposed adoptable sewerage network which includes the attenuation storage system as to comply with the Department of Transport Drainage Division's requirements; 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
Isle of Man Fire And Rescue Service
Conditional No ObjectionThis type of property falls within the scope of the fire precautions (Plats) Regulations 1996
Conditions requested: the applicant must consult with the fire Safety Department to ensure full compliance with the above regulations prior to any work being carried out
Borough Of Douglas Building Control
No Objectionthe committee agreed not to raise an objection to the application
The original application for erection of 16 public sector apartments in four blocks and 2 first time buyer apartments with car parking and landscaping on land adjacent to Reayrt Y Sheear and Ballanard Road, Woodville, Douglas was refused, though specific refusal reasons are not stated. The appellant, Department of Local Government and the Environment, with agent Dandara Contracting Ltd, argued the scheme improves on a previously approved 20-apartment scheme by reducing impacts on residential amenity, visual amenities, and providing adequate parking near bus routes and schools. The inspector assessed impacts on living conditions of nearby residents in Woodville and Abbey Woods, visual amenity along Ballanard Road, and car parking provision, finding the scheme acceptable due to distances, level differences, reduced scale compared to prior approval, and compliance with parking standards. The inspector recommended granting permission subject to conditions. The appeal was allowed.
Precedent Value
This appeal shows that revisions reducing scale and massing compared to prior approvals, combined with policy-compliant parking reductions near transport, can overcome amenity and visual objections. Future applicants should benchmark against existing permissions and provide precise distancing/level evidence.
Inspector: David Bushby BA [Hons] MCD MRTPI
