17 April 2019 · Head of Development Management (Stephen Butler)
Old Snooker Hall, North Shore Road, Ramsey, Isle Of Man, IM8 3dq
The site is a long, narrow, single-storey timber storage building behind St Olaves School House (part dwelling, part snooker club) on North Shore Road, Ramsey, accessed via a private car park. The proposal sought to demolish this dilapidated structure and replace it with a similar-styled single-storey detached dwelling…
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The officer determined that the backland development failed Policy R/E/P3 of the Ramsey Local Plan 1998 and Environmental Policy 42, as it did not demonstrate sufficient private amenity space, satisfa…
General Policy 2
Requires developments in residential zones to respect site/surroundings in siting/layout/scale (b), not adversely affect neighbour amenity or locality character (g), and provide satisfactory amenity standards including access/parking (h). Officer found proposal breaches these due to poor outlook/overbearing from <2m neighbour proximity, direct overlooking between habitable windows, and inadequate access demonstration, warranting refusal.
Environment Policy 42
Prohibits inappropriate backland development in settlements unless satisfactory access and adequate amenity space for new/existing dwellings. Site qualifies as backland (behind properties, no separate road frontage); officer assessed lack of clear amenity space plan, dramatic level changes limiting usability, poor outlook to parking/neighbours, and unresolved private access as making it inappropriate.
Transport Policy 7
Requires safe/convenient access and adequate parking without unacceptable road safety/traffic effects. Officer noted no new access proposed, reliance on non-owned private car parks not part of adopted highway, and Highways opposition for lack of legal access rights, failing parking/access standards for detached dwellings.
Backland Development and Development in the Grounds of Houses
General presumption against backland development on well-landscaped sites with tree coverage in residential areas. Applicable per Ramsey Local Plan despite Strategic Plan precedence; officer applied alongside ENV42, finding principle unacceptable due to amenity/outlook/access failures.
No objections from a flood risk perspective
Ramsey Town Commissioners object to the proposal due to incompatibility with local character and policies, while Manx Utilities have no objections from a flood risk perspective, and Highway Services oppose due to unresolved access to parking.
Key concern: lack of legal right of access to proposed site parking area
Manx Utilities
No ObjectionManx Utilities have reviewed the application from a flood risk perspective and have no objections.
Ramsey Town Commissioners
ObjectionIt is considered that the proposed dwelling does not respect the site and surroundings in terms of the siting, layout, scale form, design and landscaping of buildings and the spaces around them as set down in General Policy 2 (b) of the Isle of Man Strategic Plan 2016.; There shall be a general presumption against backland development and development within the grounds of large houses on those sites which are well landscaped within ample tree coverage.
Highway Services Division
ObjectionHighway Services oppose the application as it has not been demonstrated that the applicant would have a legal right of access to the proposed site parking area which is required to comply with the parking standards in 'The Isle of Man Strategic Plan 2016'.
The original application to demolish an existing commercial storage building and replace it with a detached dwelling was refused by the Head of Development Management citing insufficient amenity space, poor outlook, inadequate access, and overlooking harming neighbour amenity, contrary to policies including GP2, EP42, TP7, and RLP policies R/E/P3 and R/R/P3. The appellant argued that access is via their owned land along Hanley Villas, ample amenity space is provided with reduced building footprint, no overlooking of habitable rooms occurs, and the site is not true backland as it already has a non-conforming commercial building. The inspector conducted a site visit, found access and parking compliant based on appellant evidence, design acceptable despite utilitarian style, ample amenity space provided with no adverse neighbour impact due to non-habitable facing windows, and while backland, no planning harms arise. The appeal was allowed subject to conditions on commencement and parking provision.
Precedent Value
This appeal shows inspectors will allow backland replacements of non-conforming uses in residential zones if access evidence is submitted, amenity clearly demonstrated, and no neighbour amenity harms proven, even against council/highways objections based on misunderstandings.
Inspector: Brian J Sims
