28 April 2020 · Delegated - Principal Planner (Chris Balmer)
3, Oak Close, Onchan, Isle Of Man, IM3 3hr
The proposal at 3 Oak Close, a detached bungalow in the Birch Hill estate, sought to replace the existing steep single-width driveway and steps with a raised double-width parking platform measuring 6.1m wide by 6.5m long, raised 1.2m at its lowest point, topped with a 1.1m high post-and-wire balustrade, plus new landsc…
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The officer determined that the raised parking platform, at 1.2m high with a 1.1m post-and-wire balustrade reaching up to 2.2m above ground level, would have an unacceptable harmful effect on the appe…
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale/design/landscaping (b), not adversely affect townscape character (c), provide adequate parking (h), and not harm road safety/traffic (i). Officer found proposal failed (b)/(c) due to raised platform's incompatibility with open plan estate character, despite adequate existing parking and no highway harm.
Policy O/RES/P/21 of the Onchan Local Plan (Planning Circular 1/2000)
Extensions/alterations to residential property generally not opposed if appropriate in scale/massing/design/appearance/impact on neighbours. Noted as relevant but not determinative; proposal deemed inappropriate visually despite scale not excessive.
Do not oppose; suitable on-site parking, access visibility, gradient improvement over existing (1 in 8 vs steeper current), subject to Section 109A Highway Agreement for dropped kerb extension.
recommend approval
Highway Services Division provided conditional no objection requiring a Section 109A Highway Agreement for dropped kerb extension; Onchan District Commissioners recommended approval.
Key concern: access gradient steeper than normal maximum standard of 1 in 14
Highway Services Division
Conditional No ObjectionThe access gradient is 1 in 8 upwards towards the footway which is steeper than the normal maximum standard of 1 in 14 but represents a significant improvement over the existing steeper upward gradient.; An informative in relation to the required Section 109A Highway Agreement should be attached to the decision notice.; Recommendation: DNO
Onchan District Commissioners
SupportThe Commissioners would recommend that the application be APPROVED for planning purposes only.
The original application for creating raised parking over part of the front garden was refused by the planning authority, primarily due to concerns over loss of open plan front garden, impact on street scene, residential amenity, and parking provision. The appellants argued that the existing steep driveway was unusable and unsafe, the proposal would provide better off-street parking, improve safety, and have minimal visual impact, with no Highway Services objection. The planning authority defended the refusal citing General Policy 2 criteria, Residential Design Guide, potential precedent for similar developments, and no net parking benefit. The Inspector assessed parking adequacy, amenity impact, and street scene appearance, finding the benefits in safer parking outweighed visual harms despite non-compliance with some standards. The appeal was allowed subject to a standard time limit condition, with the Minister concurring on 22 October 2020.
Precedent Value
This appeal shows inspectors may allow front garden parking platforms on steep sites where existing arrangements fail standards and provide clear safety benefits, even if visually prominent and non-compliant with gradients, provided impacts are not severe and on-street parking ample. Applicants should prioritise evidence of existing deficiencies and technical support from highways.
Inspector: Michael Hurley
