16 September 2011 · Minister for Infrastructure
88, King Edward Road, Onchan, Isle Of Man, IM3 2au
The proposal sought permission to demolish a derelict traditional house and erect a larger modern 3-storey replacement dwelling with flat/sedum roof, central rotunda, swimming pool, gym and balconies on a steeply sloping site zoned for residential use.
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The Minister followed the independent inspector's recommendation despite the Planning Committee's approval, concluding the proposal would cause serious harm to the living conditions of Braemar occupie…
General Policy 2
Requires development in accordance with area plan zoning and design briefs. Site in residential zone; proposal complies as single dwelling matching approved layout from PA 07/02101/B, stepping with contours, retaining footpath, adequate access/parking.
Housing Policy 6
Zoned residential land per area plan brief, encouraging innovative design without needless prescription. Modern design accepted in varied streetscene akin to approved plots 2-4.
Policy O/RES/P/19 of Planning Circular 1/2000
Permits new dwellings in residential areas fitting density/massing/design/character of adjacent. Officer found modern 3-storey form acceptable given site variety, no single design theme, similarity to approved modern neighbours.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This permission relates to the erection of a dwellinghouse as shown in drawing numbers K243/P/10-01, K243/P/10-02, K243/P/10-03, K243/P/10-04, K243/P/10-05, K243/P/10-06, K243/P/10-07, K243/P/11-01, K243/P/11-02, K243/P/11-03, K243/P/12-01, K243/P/12-02, 01, 02, 03, and Design Statement prepared by Kay Associated Ltd date stamped 8th July 2011.
Obscure glazing
The first floor windows to be formed in the west facing elevation of the dwellinghouse and the screen panels to be used on the first floor balconies and upper floor balconies must be glazed or re-glazed with obscure glass.
Landscaping
All planting, seeding or turfing comprised in the approved plans must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Approve
Do not oppose
No objection
Two statutory utilities consultees provided responses with no objection subject to conditions; multiple local residents submitted objections and appeals citing overbearing scale, privacy loss, visual impact, drainage issues, and inconsistency with prior refusals.
Manx Electricity Authority
Conditional No ObjectionContact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.; See Note 2
Conditions requested: Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application; Contact the M.E.A. for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site; All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6
Isle of Man Water and Sewerage Authority
Conditional No ObjectionNo Objection: - subject to the following conditions; The use of soakaways are subject to Building Control approval
Conditions requested: The proposed dwelling must be connected to the public sewer(s) in a manner acceptable to the Isle of Man Water & Sewerage Authority. All drainage works must conform to the requirements of "Manx Sewers for Adoption" and all necessary inspections/ surveys [including CCTV] are to be carried out at the developer’s expense.; In accordance with the Sewerage Act 1999, a communication fee will be payable to the Isle of Man Water & Sewerage Authority in respect of this property being connected (directly or indirectly) to the public drainage system.; Under section 4(3) of the Sewerage Act 1999 the applicant must give 21 days notice, in writing, to the Authority, prior to making any communication to the public sewer.; There must be NO discharge of surface water (including that from roofs and paved areas) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Isle of Man Water & Sewerage Authority and the Sewerage Act 1999.
The original application 11/00942/B for erection of a replacement dwelling on Plot 1 was approved by the Planning Committee on 15-09-2011 subject to conditions including obscure glazing on west-facing windows and landscaping. Third parties from Braemar and Long House (Lag Birragh Drive) and nearby King Edward Road properties appealed the approval on grounds of overlooking, loss of privacy, overbearing impact, and design incompatibility. This appeal (AP11/0121) followed a prior refusal of similar application 09/02069/B on 12-10-2010 after inspector recommendation upheld by Minister due to harm to amenities of Braemar and Long House from overlooking and overbearing scale. The new scheme amended balconies, added obscure glazing and detailed landscaping to address prior concerns. Planning officer recommended approval, finding issues resolved. No decision on this appeal in documents.
Precedent Value
Demonstrates need for comprehensive visual evidence (plans, sections, landscaping schemes) addressing overlooking from elevated features; conditions enforcing obscure glazing/landscaping critical; modern design acceptable in varied streetscenes if amenities protected.
