10 May 2012 · Delegated - Senior Planning Officer (Anthony Holmes)
Land Adjacent To, Kerrowkeil, Patrick Road, St Johns, Isle Of Man, IM4 3bn
The site is a triangular plot forming part of the side garden of the two-storey detached house Kerrowkeil, fronting Patrick Road in St Johns and bounded at the rear by an access lane to nearby properties including Ballavargher Cottages and Kionslieu.
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Previous appeals for detailed schemes (10/01632/B and 11/01199/B) established that 'there should be no outright bar on the development of the site which involves a single dwelling within the developme…
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale, retain landscape features like trees, provide adequate parking/amenity, and avoid adverse impacts on character/amenity/highways. Officer confirmed illustrative layout respects residential zoning, retains Ash tree, provides parking/access, and maintains amenity/visibility without character harm.
Environment Policy 42
Prohibits development harming locality's character/landscape features or removing open/green spaces contributing to visual amenity. Prior refusals cited tree loss/overdevelopment harming rural character; officer's 8m tree separation and feasible small footprint ensure retention and no inappropriate infill.
Transport Policy 7
Requires parking per Appendix 7 standards (2 spaces/unit, at least one behind frontage). Prior appeals faulted narrow side parking; condition mandates 3.0m minimum width (from appeal analysis) and turning facility, confirmed feasible and with no highway objections.
Residential Policy RES/P/5 (St John's Local Plan)
Limits new residential outside defined areas to agriculture/extensions; site in residential zone with prior appeals confirming no 'outright bar' to single infill dwelling on merit.
Reserved matters time limit
The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission.
Commencement time limit
The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later.
Reserved matters approval
Approval of the details of siting, design, external appearance of the dwelling, internal layout, means of access, landscaping of the site (hereinafter called 'the reserved matters') shall be obtained from the Planning Authority in writing before any development is commenced.
Site extent
This approval in principle relates to the erection of a dwelling within the land defined by the red line on the location plan/site plan drawing date stamped the 9th March 2012.
Parking and turning
Any subsequent reserved matters planning application must include an on-site turning facility for vehicles and provision for at least two on-site car parking spaces, at least one of which must be provided behind the front of the dwelling. The minimum acceptable width of a parking space is 3.0 metres.
Ash tree separation
No part of any dwelling proposed within any subsequent reserved matters planning application shall be located within 8.0 metres of the main trunk of the existing Ash tree that is located adjacent to the southern boundary of the application site.
no comment to make
Recommend approval subject to condition contacting Network Operations prior to highway works; no adverse traffic management, parking or road safety implications
express interest; applicant must contact for working practices around cables/overhead lines and electricity supply
Manx Electricity Authority and Highways Division issued conditional no objections requiring contact prior to works; Patrick Parish Commissioners had no comment; Community Planning Service raised concerns about site size without objection; two public objections on site size and rural character.
Key concern: very small plot unable to accommodate dwelling with acceptable layout, parking and clearances
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.
Highways Division
Conditional No ObjectionRecommend approval subject to the imposition of the following condition
Conditions requested: The applicant shall contact the Network Operations Section of the Department of Infrastructure prior to carrying out any works within the highway, including the installation of dropped kerbs. Telephone 686665.
Patrick Parish Commissioners
No Commentno comment would be made
Community Planning Service
No ObjectionThis seems a very small plot onto which they hope to fit a dwelling.; Without such a demonstration or indicative scheme a broad approval may result in numerous detailed applications of unacceptable layout or design.
Conditions requested: demonstrate how it can be achieved with an acceptable building line to the highway, and other clearances between boundaries or dwellings; The possibility of a working scheme should be demonstrated now
The original application 12/00371/A for approval in principle for a dwelling was granted by the Planning Authority. Mr & Mrs Walton appealed, arguing that previous detailed schemes failed to demonstrate satisfactory accommodation on the constrained site, questioning the principle of development. The Planning Authority and applicants defended the approval, citing a sketch plan showing feasible parking and tree separation. The inspector concluded that prior appeals had established the principle of residential development, the sketch evidenced feasibility, and no substantial evidence showed impossibility. The appeal was dismissed on 11 October 2012, confirming the approval with conditions on parking, tree separation, and reserved matters.
Precedent Value
Approvals in principle can be upheld on infill sites where prior detailed refusals were on amendable details, supported by indicative sketches showing compliance; appellants must show material change or impossibility, not just repeat detail concerns.
Inspector: Stephen Amos MA (Cantab) MCD MRTPI
