13 January 2010 · Delegated
31, Hutchinson Square, Douglas, Isle Of Man, IM2 4hw
Permission was sought to convert an existing dwelling at 31 Hutchinson Square, Douglas into four self-contained apartments. The application was refused on 13 January 2010 by a delegated Senior Planning Officer. The central concern was that residents of flats 2, 3, and 4 would rely on a rear lane for access. That lane was found to have an uneven surface, no street lighting, no pavement, and refuse bins running along its entire length. A refuse storage area was also in close proximity to apartment 2, and the site was around 60 metres from the nearest public thoroughfare. These conditions were considered insufficient to provide acceptable levels of general amenity and personal safety for future occupiers, leading to the refusal.
The application was refused because the access arrangements and immediate environment could not provide adequate amenity or personal safety for future residents of flats 2, 3, and 4. The rear lane used for access was unlit, had an uneven surface, no pavement, and was lined with refuse bins, with the site sitting around 60 metres from the nearest public thoroughfare. These conditions were judged unacceptable under the Isle of Man Strategic Plan 2007.
Refusal Reasons
Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area
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.
Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan
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
