Planning Refusal Notice

Town and Country Planning Act 1999

Town and Country (Development Procedure) Order 2005

Ellis Brown The Rechabite Hall Allan Street Douglas IM1 3DW

In pursuance of powers granted under the above Act and Order the Department of Infrastructure does hereby REFUSE the following application made on behalf of:

Name: Viking Containers Ltd Proposal: Demolition of existing buildings and erection of a block of 12 apartments with ground floor retail unit and parking at: 6-8 Bridge Road & Warehouse Lake Road Douglas Isle Of Man IM1 5AG

which was considered on 21st November 2011, for the reasons set out below.

Date of Issue: 21st November 2011

Murray House Mount Havelock Douglas

Mrs C Dudley Deputy Secretary to the Planning Committee

Reason(S) For Refusal:

1. The proposed development would, due to its height, design, massing and external appearance, introduce a prominent and incongruous development within the streetscene, be detrimental to the visual amenities of the locality and which would not preserve or enhance the character and appearance of the Conservation Area. The proposed development would therefore be contrary to General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2007 and Planning Policy Statement 1/01.

1. Based on the fact that the redevelopment scheme is unacceptable, it is considered the demolition of the buildings would be contrary to Policy CA/6 of Planning Policy Statement 1/01 and Environment Policies 35 and 39 of the Isle of Man Strategic Plan 2007. The Planning Authority considers the loss of the buildings to be unwarranted and would adversely affect the character and appearance of the Conservation Area.

1. The proposed development, due to its height, design and massing would result in demonstrable harm to the residential environment of the apartments of Quay West in terms of overlooking, loss of privacy, visual intrusion and being overbearing and would consequently be contrary to General Policy 2 and Housing Policy 6 of the Isle of Man Strategic Plan 2007

1. The proposed development would, due to its design and internal layout, result in

(i) apartments 3, 6 and 9 having a poor residential environment by virtue of their outlook and lack of access to natural light;

(ii) apartments 7, 8 and 10 having a poor residential environment by virtue of dining area/lounge in apartment 10 being positioned above Bedrooms 1 and 2 of apartment 8; and a dining area/lounge in apartment 7 being positioned below the master bedroom of apartment 10, which would result in general disturbance and increased noise to the affected apartments.

(iii) apartment 3 having a poor residential environment by virtue of the terrace being overlooked from the above apartment's balconies.

The proposed development would therefore be contrary to General Policy 2 and Housing Policy 6 of the Isle of Man Strategic Plan 2007

1. The proposed development is contrary to Housing Policy 5 and Paragraph 8.6.1 of the Isle of Man Strategic Plan 2007 in that the development would result in

i) the loss of public sector housing, which would not be replaced as part of the redevelopment scheme, and;

ii) no provision for affordable housing on the net increase of residential units on the site.

1. The proposed development would be contrary to Environment Policy 10 and 13 of the Isle of Man Strategic Plan 2007 in that the development poses an unacceptable risk from flooding and therefore should not be permitted until a detailed flood risk assessment along with details of any proposed mitigation measures are submitted in accordance with Environment Policy 10 of the Isle of Man Strategic Plan 2007.

1. The proposed development would be contrary to General Policy 2 (h) & (i) and Transport Policy 4 of the Isle of Man Strategic Plan in that adequate visibility cannot be achieved from the proposed access, which would be detrimental to highway safety.

This decision was made by the Director of Planning and Building Control in accordance with the authority delegated to him under Article 3(13) of the Town and Country (Development Procedure) Order 2005.

Guidance Note

The decision contained in this notice does not become final until either;

• The time for requesting an appeal has expired; or
• Any appeal has been determined;

Whichever is the later.

Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

A form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml

A copy of the Officer's report, which led to this decision, is attached for reference. This report, together with correspondence relative to the application, is available for inspection by anyone wishing to view it at the Department.