4 July 2014 · Delegated
Vino, 1, Quines Corner, Douglas, Isle Of Man, IM1 4lf
This application sought permission to convert an empty retail shop at 1 Quine's Corner, Douglas into an extension of the adjacent Bridge Inn public house, along with replacement of the front tiles. The site sits on the corner of Quine's Corner and the North Quay, within the Douglas North Quay Conservation Area, with residential flats located directly above the shop. The Department of Infrastructure refused the application on the grounds that the applicant had not demonstrated the proposal would avoid noise and environmental conflict with those residential flats. Key gaps in the submission included a failure to account for the low background noise levels in the flats, no information on flanking noise transmission, and no assessment of noise during amplified entertainment events — particularly given that the proposal involved knocking through an existing brick wall to connect the shop to the pub. The decision noted that residents could face unpredictable noise disturbance from rowdy behaviour and loud amplified music, often at unsociable hours, representing a detrimental reduction in their amenity.
The application was refused because the applicant failed to show that converting the shop into a public house extension would not harm the amenity of residents living in the flats directly above. Specific concerns included the low background noise levels in those flats, the lack of detail on how noise from rowdy behaviour or amplified music would be controlled, and the absence of information on flanking noise transmission through windows, doors, or ventilation. Knocking through an existing brick wall to create a direct connection to the pub was also identified as creating a direct noise pathway, with entertainment events potentially reaching very high noise levels.
Refusal Reasons
Isle of Man Strategic Plan 2007
fails to accord with criterion (g)
General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Isle of Man Strategic Plan 2007
fails to accord
Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution. 7.17.2 In addition to the above, changes in the activities associated with the current permitted use of land or a building, which in themselves do not constitute development and therefore do not require planning permission, can have an adverse impact on adjacent properties by virtue of noise, light or general disturbance. For example the addition of security lig hting on a property may cause light pollution affecting adjacent properties and the wider area. The introduction of new activities into established parks and recreation areas can have an impact on neighbours. In such cases the Department would advocate t he person or organisation considering the change to give careful consideration to the potential impact of such activity in terms of location, siting and design.
Isle of Man Strategic Plan 2007
Conservation Areas
Environment Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.
