4 April 2012 · Minister for Infrastructure (appeal decision confirming delegated approval, by order of Chief Executive I T Thompson)
88, King Edward Road, Onchan, Isle Of Man, IM3 2au
The proposal involves renovating a semi-derelict 2-storey detached house and adding substantial extensions: a 3-floor south wing (lower ground floor utilising the slope), a 2/3-storey east wing with double garage, sun lounge with balconies, and new access from an approved estate road.
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The inspector assessed that balconies would not cause unacceptable overlooking due to distances (e.g. ground floor balconies 12m+ from Braemar boundary, 1st floor balcony 12.5m with proposed obscure g…
General Policy 2
Requires no adverse effects on amenity of residents or character of locality (g), respects site/surroundings in scale/design (b), character of townscape (c). Officer/inspector found no significant overlooking harm due to distances/screen/vegetation (g), extensions subordinate/matching in varied area (b,c). Para 8.12.1 presumes favourably on extensions without adverse impact.
Policy O/RES/P/21 of the Onchan Local Plan (Planning Circular 1/2000)
Extensions/alterations not opposed if appropriate in scale, massing, design, appearance, impact on adjacent property. Assessed compliant: appropriate scale (no height increase, 2-storey to road), design subordinate, no unacceptable neighbour impact.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
The development hereby approved shall be carried out strictly in accordance with the following plans/drawings as received by the Department of Infrastructure on 24 February 2012 - Drawing numbers 01, 02, 03, 04, 05, 06, 07 and 08.
Obscure glazed screen
Prior to the commencement of the development, details of an obscure glazed screen along the west side of the proposed rear 1st floor balcony (being the balcony outside bedrooms 3 and 4) shall be submitted to, and approved in writing by the Planning Authority. The approved screen shall be erected prior to the occupation of the extensions hereby approved, and shall be retained in the approved form at all times thereafter.
Tree protection
All existing trees must be afforded adequate protection during construction works in accordance with a scheme of tree protection to be submitted to and approved in writing by the Planning Authority prior to the commencement of works on site. The scheme must include a drawing which identifies all retained trees on site and shows an area of protection around each, defined by fencing. Development must only take place in accordance with the approved tree protection measures.
Landscaping
All planting, seeding or turfing comprised in the approved details of landscaping 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.
Means of enclosure
No development shall take place until details of all means of enclosure and in particular the means of enclosure along the northern and eastern boundaries of the application site, have been submitted to and approved in writing by the Planning Authority. The approved details shall be completed prior to the occupation of any of the buildings on the site.
Levels
The finished floor, eaves and ridge levels of the dwelling hereby approved shall be constructed strictly in accordance with the corresponding level measurements as detailed on Drawing number 03.
recommend approval
recommend approval, no adverse traffic management, parking or road safety implications
no objection subject to acceptable sewer connection (in appeal context)
The original planning application 12/00274/B for alterations and erection of extensions to the dwelling was approved by the Planning Authority under Article 6 of the Town & Country Planning (Development Procedure) Order 2005. An appeal was lodged by Mr & Mrs D L Maclean. The appointed person's report was considered by the Minister for Infrastructure, who concurred with the conclusions and recommendation that the appeal be dismissed. The Minister directed that the Planning Authority's approval be confirmed, but subject to amended conditions including obscure glazing for a balcony screen, tree protection, landscaping, boundary enclosures, and specific levels. Formal approval notice issued on 30 July 2012. No refusal reasons or detailed appeal arguments are provided in the decision letter.
Precedent Value
This appeal demonstrates that appellants challenging a Planning Authority's approval under Article 6 can have their appeal dismissed, with the original approval confirmed but potentially subject to stricter or amended conditions imposed by the Minister.
