13 July 2022 · Head of Development Management (Stephen Butler)
2, Strathallan Crescent, Douglas, Isle Of Man, IM2 4nr
The application proposed demolishing the side boundary wall separating the front garden from a shared service lane, repositioning the front gate posts to widen the access from 2.1m to 2.5m, and paving part of the front garden for a single off-road electric vehicle charging parking space.
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The officer assessed the proposal against the statutory duty under Section 18(4) of the Town and Country Planning Act (1999) and Environment Policy 35, which require development in Conservation Areas …
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale/design, not adversely affect townscape character or neighbour amenity. Officer found proposal breaches (c) by harming Conservation Area/street scene via parking in former garden space, and (g) by impacting No.3's amenity through loss of defined lane boundary.
Environment Policy 35
Permits only development preserving/enhancing Conservation Area character, protecting special features. Tested against wall removal and parking enabling; officer balanced retention of front wall/hedge but concluded overall failure as parking alters character, reliant on vulnerable landscaping, with Registered Buildings Officer noting negative precedent elsewhere.
No significant negative impact upon highway safety, network functionality and/or parking. Highway licences may be necessary for works.
No objection.
Highway Services, Douglas Borough Council, and Registered Buildings Officer raised no objections to application 22/00323/B, while a neighbour from 3 Strathallan Crescent lodged a strong objection citing loss of communal access, privacy impacts, and conflict with conservation policies.
Key concern: removal of boundary wall subsuming communal access into private garden, affecting privacy and access rights
Highway Services Division
No ObjectionAfter reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking.
Conditions requested: highway licences may be necessary for the use of the highway during works
Douglas Borough Council
No ObjectionDouglas Borough Council has no objections.
Registered Buildings Officer
Conditional No Objectionas long as the front wall and hedge are retained, and the repositioned pillars are in a like for like manner to the existing pillars, the impact on the special character of the conservation will be minimal.; we would request that the replacement wider gate matches the form, material and finish of the existing.
Conditions requested: front wall and hedge are retained; repositioned pillars are in a like for like manner to the existing pillars; replacement wider gate matches the form, material and finish of the existing
Resident at 3 Strathallan Crescent
ObjectionThe proposal subsumes the communal access road into the garden of No 2, which with no clear demarcation, will appear as an extension to their property.; The proposal is contrary to Strategic Policy 4A as it does not protect or enhance the fabric and setting of the Conservation Area.; Removing the boundary wall of a communal access is contrary to Environment Policy 35
The original application 22/00323/B for minor works to create a front garden parking bay with EV charging was refused by the Head of Development Management on 13.07.2022 due to failure to preserve/enhance the Conservation Area character (GP2, EP35, PPS1/01, s18(4) TCPA) and adverse impact on neighbouring amenities at No.3 Strathallan Crescent (GP2). The appellant argued the works would have minimal impact if hedgerow retained, support EV policy goals, and not harm neighbour privacy with ground-level demarcation. The inspector, following a public inquiry and site visit, found minimal harm to Conservation Area character due to screening by retained hedge and front wall, public benefit from EV charging, and no unacceptable harm to living conditions with conditions for hedge retention and hard landscaping. The Minister accepted the inspector's recommendation, allowing the appeal on 06.04.2023 subject to conditions.
Precedent Value
Demonstrates EV infrastructure can justify minor Conservation Area interventions if screened/conditioned; inspector's acceptance of ground-level demarcation and hedge conditions overcomes common refusal grounds on boundaries/amenities in shared access settings. Future applicants should secure technical officer support, propose robust conditions, and tie to climate policies.
Inspector: Richard Perrins MA
