30 October 2019 · Planning Committee
Site Adj To 10, Birchley Terrace, Onchan, Isle Of Man, IM3 4ey
The proposal is for a two-storey detached dwelling of 134.2m² floor area in a 'J' shape to follow the curving road, with smooth painted render walls, slate roof, uPVC sliding sash windows, bay window, chimney stacks, covered porch and Velux lights.
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The principle of residential development was established by prior approval in principle 18/00111/A on a site zoned 'Predominantly Residential' under Onchan Local Plan, creating a presumption in favour…
Strategic Policy 1
Requires optimising previously developed land, efficient site use with access/amenity, and utilising infrastructure. Site is under-used garden in residential area near amenities/transport, complying via infill development.
Strategic Policy 2 - Priority for new development to identified towns and villages
Concentrates development in service centres like Onchan with defined boundaries. Site within Onchan residential zoning supports housing in appropriate settlement.
General Policy 2
Permits zoned development if respecting site/surroundings (siting/scale/design GP2(b)), no adverse townscape/amenity/road safety (GP2(c),(g),(i)). Assessed compliant: design ties to terrace, no amenity harm, visibility conditions address safety.
Housing Policy 4
New housing primarily in towns/villages per Area Plans. Site in Onchan residential zone fits policy; principle established by AiP.
Transport Policy 7
Requires parking per standards (2 spaces for 3-bed dwelling). Provided 5m x 6.5m with turning; meets Appendix 7.
Policy O/RES/P/19 of Planning Circular 1/2000
Permits new residential in residential areas fitting density/massing/design/character of adjacent dwellings. Proposal matches Birchley Terrace scale/form with render/slate/sashes.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Visibility splays
Prior to the occupation of the dwelling, all railings and vegetation in the site curtilage within the visibility splays indicated on the approved plan shall not exceed 1.0m above the level of carriageway (0.9m above back of footway level) and shall be maintained to not exceed this height thereafter. Reason: To maintain and improve highway safety.
Access surfacing
Prior to the occupation of the dwelling, the surfacing of the access to the dwelling shall be constructed in stable material (not loose stone or gravel) as approved in writing by the Department within 5.0m of the back of footway and retained as such thereafter. Reason: To ensure that loose material does not migrate onto the highway.
Boundary railings and enclosures
In accordance with Condition 4 on the approval in principle 18/00111/A for this site, the existing boundary railings shall be retained albeit reduced to no higher than 1m in height. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no additional fences, walls or other means of enclosure shall be erected or placed around the curtilage of the dwelling house which fronts onto a highway. Reason: To control development in the interests of the amenities of the surrounding area in accordance with General Policy 2 and Housing Policy 6, and to ensure the retention of adequate visibility.
No additional outbuildings
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no garden sheds, garages, summerhouses or other free standing buildings shall be erected or placed within the curtilage of the dwelling hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area in accordance with General Policy 2 and Housing Policy 6.
do not oppose subject to conditions on visibility splays (vegetation/railings ≤1.0m carriageway/0.9m footway), stable access surfacing within 5m footway, and Section 109A for dropped kerb
Highway Services initially objected due to substandard visibility but later issued conditional no objection after revisions; Onchan District Commissioners recommended refusal on highway safety grounds.
Key concern: substandard visibility splay on blind bend compromising highway safety
Department of Infrastructure
Conditional No ObjectionRecommendation: DNOC; With the removal of the vegetation a visibility of 2.4m x 36m can be achieved; the visibility for vehicles heading west towards the access would for the most part be in the order of 2.4m x 45m
Conditions requested: Any boundary walls, railings and vegetation within the visibility splays indicated on the approved plan should be reduced in height to a maximum of 1.0m above the level of carriageway (0.9m above back of footway level) and maintained to not exceed this height thereafter; The surfacing of the access should be constructed in stable material (not loose stone or gravel) within 5.0m of the back of footway; The applicant would need to enter into a Section 109A Agreement to create or extend the access crossing of the footway
Department of Infrastructure
ObjectionRefusal is therefore recommended as the development is considered to be contrary to policy GP2 (i) of the Isle of Man Strategic Plan; Recommendation: REFUSAL
Onchan District Commissioners
ObjectionThe Commissioners recommend that the application be REFUSED on the grounds that:- "The development will have an adverse effect on highway safety."