Appeal by Mr Nathan Dawkins against refusal for creation of vehicular access and off road parking in front garden, 8 Nursery Avenue, Onchan IM3 4HG

Site visit Monday 25 June 2012

Site and Development

1. Nursery Avenue rises from a junction with Main Road in the centre of Onchan. Other than either side of the junction, the lower length of this road is fronted by terraced houses, including No 8, which by appearance date from about the turn of the last century. On street parking is prohibited on the even numbered side. The front gardens are shallow, though less so along the terrace including No 8 than elsewhere on this length of the road. They are mainly bounded by rendered brick walls, evidently original features.

Reasons for Refusal

2. 1. The proposal would be a departure from existing parking arrangement on the application site, side of Nursery Avenue, and therefore will be visually intrusive on the streetscene. As such, the proposal is contrary to the provisions of General Policy 2(b), (c) and (g) in the Isle of Man Strategic Plan 2007.
3. The removal of the front wall would be a departure from the character of the property frontages along Nursery Avenue. As such the proposal is contrary to the provisions of General Policy 2(b), (c), and (g) in the Isle of Man Strategic Plan 2007.
4. The parking of vehicle(s) outside the front of the property will increase the intensity of noise pollution to the application property and immediate adjoining dwellings, subsequently reducing the level of amenity being achieved by the residents in those properties. As such, the proposal is contrary to the provisions of General Policy 2(g) in the Isle of Man Strategic Plan 2007.
5. The proposal would be a departure from existing parking arrangement on the application site, side of Nursery Avenue, and subsequently alter the nature of vehicle movement along Nursery Avenue which could adversely affect traffic flows, pedestrian and vehicle driver safety. As such, the proposal is contrary to the provisions of General Policy 2(i) in the Isle of Man Strategic Plan 2007.

Gist of the Case for the Appellant

3. Parking in Nursery Avenue is insufficient for working families, who mostly have cars. Parking in the locality is difficult because of double yellow lines, with no indication that problems are being addressed, and only time-limited parking is available at the Commissioners' offices and the library. Off road parking at 8 Nursery Avenue could be readily achieved without disruption and there has been no local objection. A car is essential for work and school runs and it follows that somewhere to park is equally essential. His wife struggles to get their baby and toddler home safely after sometimes having to park up to two streets away.
4. His home was built at a time when cars were uncommon. Changing the character of properties is not uncommon and ought to be welcomed when meeting present day needs. The works would be undertaken tastefully and as advised by relevant departments. Other changes, such as double glazing and rendering, have taken place in the road without complaint: a welcome sign of upgrading an old street. Some individuals have taken extreme steps to create parking spaces on open areas of land, which he does not support but does understand.
5. Neighbours at Nos 6 and 10 confirm their support and that there would be no noise nuisance. Motorcycles are kept in several front gardens, without complaint despite being noisier than a car.

Appeal No AP12/0055

Application No 12/00367/8

Inspector's report

6. His property is fortuitous compared with others as regards the space available and the visibility in each direction. The slope of the road also helps and there need be no public safety issues. His proposal compares favourably with the private off-road parking recently approved nearby to serve business occupants of a former church.

Gist of the Case for the Planning Authority

7. Demolishing the front wall and parking in front of the house would alter the appearance of Nursery Avenue and be out of character in the streetscene. Vehicles manoeuvring on and off could also cause noise disturbance for adjacent neighbours. Highways Division recommended approval but the Planning Authority considers that the outcome could compromise pedestrian and road safety.

Gist of the Case for the Onchan District Commissioners

8. Nursery Avenue does have traffic problems and parking is often difficult, however what is being proposed is not the answer. Rather it would exacerbate matters by the manoeuvring required on and off the front garden. Removing the wall and parking in the front garden would also harm the streetscene and create an undesirable precedent.

Conclusions

9. The main issues concern how the proposals would affect the appearance and character of Nursery Avenue, the amenity of adjacent residents and the safety of road users.

10. Nursery Avenue dates from before the era of motor transport; parking is limited and congested. The Appellant's wish to create an off street parking space at his home is understandable. However, the lower length of Nursery Avenue, faced by terraced houses behind shallow front gardens, fronted by walls, has an attractive coherence. Removing one length of wall would simply of itself create an unpleasing looking gap while the presence of a car parked behind the footway would spread the visual impact of parked vehicles, eroding the built quality of the road. In this case too, the front garden stands higher than the back of footway, more so on the downhill than uphill side. Consequently there would need to be accommodation works, probably tapering fillets of concrete, to enable a vehicle to be driven on or off. This would risk worsening the visual impact.

11. The shallowness of the area available means that without careful manoeuvring vehicles may be parked overhanging the footway. Manoeuvring on or off, say late at night, could well in practice impose an unreasonable degree of noise or general disturbance for adjacent neighbours, notwithstanding that those currently living either side support the proposals. Driving on or off here would also be tricky and likely to absorb the attention of a driver, so that they may be less alert to passers by on foot or in other vehicles. The degree of risk should not be exaggerated but there would be some. All told, the benefits from creating an off-street parking space would be far outweighed by the resulting harm.

12. General Policy 2 includes a number of safeguarding criteria. The appeal proposals would conflict with 2 (b), regarding impact on the appearance and character of the property, 2(c) regarding impact on the character of the streetscene, 2(g) regarding impact on neighbours and 2(i) regarding road safety and traffic flows.

13. Motorcycle parking in some of the front gardens has much less impact, since these can be taken in and out through a gateway and occupy a smaller proportion of the available space. Even so they do provide a least a small pointer to the undesirable impact that the appeal proposal would cause. I looked at the parking provision for the business at the former church but the layout and circumstances

there are quite different from those at 8 Nursery Avenue. Conversely No 8 is very similar to other terraced properties along this side of Nursery Avenue. So much so that allowing this appeal would make it very difficult for the Planning Authority to resist further such proposals, which could cumulatively add to the resulting harm.

Recommendations

14. I recommend that the appeal be dismissed

15. In the event that the Minister reaches a different conclusion, then I recommend that any approval given should be subject to the following conditions.

16. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

17. This approval relates to the removal of the front garden wall to create a vehicular access and off-road car parking space to front of dwelling, as shown on the 1:1000 scale Location Plan and the 1:200 scale site plan, both received by the Department on 8 March 2012.

Alan Langton Inspector