2 March 2009 · Planning Committee
Lord Street / Queen Street Communal, Lord Street, Douglas, Isle Of Man, IM1 1lq
The proposal involves constructing a new apartment block containing 12 two-bedroom apartments over two levels of parking on a brownfield site in Douglas town centre, previously occupied by a smaller 3-storey block of 10 flats.
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The officer assessed the proposal against key considerations: land use is compatible as the mixed-use zoned site previously held flats; visual impact is positive as it matches and joins Hanover House,…
General Policy 2
Requires protection of residential amenity. Officer found no conflict as neighbour impacts mitigated by separation and not warranting refusal.
Environment Policy 42
Requires design reflecting local character. Proposal matches Hanover House, improves streetscene over former building.
Housing Policy 6
Zoned land developed per area plan brief or criteria. Mixed-use zoning and prior residential use acceptable.
Recreation Policy 3
Requires open space for 10+ dwellings but waived due to net +2 units replacing prior scheme without space.
Transport Policy 4
Highways must accommodate traffic safely. Acceptable given location.
Transport Policy 7
Parking per standards, relaxed for town centre/brownfield per A.7.1 due to PT access and amenities.
Housing Policy 5
25% affordable for 8+ units but waived as net +2 units.
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 12 apartments and associated car parking as shown in drawing numbers SC980/P/10-00, SC980/P/12-01 Rev A, SC980/P/12-02, SC980/P/10-02 Rev E, SC980/P/10-03 Rev A, SC980/P/10-04 Rev A and SC980/P/10-05 Rev A date stamped 24th November 2008.
Materials
No facing and roofing materials shall be used other than materials similar to those used on Hanover House.
Parking provision
No residential unit hereby permitted shall be occupied until the car parking/motorcycle parking facilities and associated manoeuvring space shown on the approved plans has been provided, and thereafter those areas shall be kept marked out and available for use at all times.
Bin storage
No residential unit hereby permitted shall be occupied until bin storage facilities have been provided in accordance with the approved plans and thereafter the facilities shall be available for use at all times.
Obscure glazing
The windows to be formed in the east facing wall of the new building hereby permitted shall only be glazed or re-glazed with obscure glass.
Access construction
The residential units hereby permitted shall not be occupied until the vehicular and pedestrian means of access have been constructed in accordance with the approved plans. Those means of access shall thereafter be kept available at all times for their respective purpose.
Do not oppose
None received / do not oppose
No objection
Note that flats must comply with Housing (Flats) Regulations 1982
Resident objections focus on loss of sunlight, privacy, and increased damp issues; statutory consultees including Douglas Borough Council, Drainage Services, and Environmental Health raise no objections subject to standard conditions.
Douglas Corporation
No ObjectionDouglas Corporation have no objection to the proposals listed below.
Douglas Borough Council Drainage Services
Conditional No Objectionhas no objection in principle to the above application subject to the following; Separate drainage systems are illustrated on the application plans
Conditions requested: Private foul and surface water drainage serving the proposed apartments must communicate with the public sewer separately; A communication fee will be payable to the Department of Transport in respect of the separate drainage connection, for each apartment; Applicant/applicant contractor is required to contact the Douglas Borough Council’s Drainage Department prior to work commencing on site to discuss this proposed connection; Appropriate measures must be taken by the developer/occupier of the premises to ensure compliance with the legislation prohibiting discharge of polluting or harmful matter to any public sewers or watercourses
Ian Mansell, Environmental Health Officer
Conditional No ObjectionThe proposed flats must, on completion of the proposed works, comply with the requirements of the Housing (Flats) Regulations 1982 and be registered thereafter under the same Regulations.
Conditions requested: The proposed flats must, on completion of the proposed works, comply with the requirements of the Housing (Flats) Regulations 1982 and be registered thereafter under the same Regulations
The original application for erection of 12 apartments and associated car parking was permitted by the Planning Committee as phase II of Hanover House, replacing a former 3-storey block of 10 flats in a mixed-use zoned area. The appellant, a resident in Murray’s House opposite, objected primarily on loss of daylight/sunlight exacerbating his Seasonal Affective Disorder and Bipolar, privacy, height incompatibility with Victorian surroundings, and lack of drying space increasing carbon emissions. The applicant and Council defended the scheme as compliant with policies, providing needed social housing for elderly, with minimal amenity impacts based on sun plots (later admitted flawed) and 14.5m separation. The inspector found the proposed 5/6-storey height (eaves ~15m vs prior 9m) would significantly reduce daylight/sunlight to Murray’s House despite light render, making it unacceptable despite public housing benefits and streetscene improvement, while privacy impacts were not serious. The inspector recommended allowing the appeal to reverse the approval, suggesting height reduction.
Precedent Value
Demonstrates third-party appeals can reverse approvals where technical evidence (sunlight/daylight) is flawed and height increases cause provable amenity harm below 20m separation; future objectors should prioritise accurate measurements, health impacts, and site-specific winter sunlight evidence over general character complaints in urban infill.
Inspector: Neil A C Holt TD BArch(Hons) DipTP DipCons RIBA MRTPI
