9 December 2019 · Head of Development Management (Stephen Butler)
Stables, Cooil Avenue, Kirk Michael, Isle Of Man, IM6 1hd
The proposal involved demolishing an existing low outbuilding (stables) used as a builders' compound and replacing it with a larger two-storey dwelling (7.4m wide, pitched roof at 45 degrees, ridge 3.8m taller than existing) and detached garage on land zoned residential behind single-storey bungalows on Cooil Avenue.
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The officer determined that visibility from the proposed access onto private Cooil Avenue is completely impaired northeast by Thie my Chree's hedge and partly southwest by Yn Thie Ain's tree/fence, wi…
General Policy 2
Requires development to provide safe/convenient access, adequate manoeuvring/parking (h), no unacceptable road safety/traffic effects (i), no adverse amenity/character impacts (g), and no prejudice to adjoining land (k). Officer assessed access visibility/manoeuvring as poor due to hedges/trees/parking, failing h/i; height/proximity (4m to Yn Thie Ain, within 20m Thie my Chree) obstructs outlook per Residential Design Guidance, failing g/k despite site zoning.
No objection in principle, access not a problem as stables already have existing access, wish to ensure sewerage can accommodate (after deferral)
No objection as Cooil Avenue is private, wide enough for passing, serves over 20 dwellings so one more acceptable
Multiple neighbouring residents strongly object to the application citing inadequate access, drainage issues, coastal erosion risks, privacy loss, and overshadowing, while statutory consultees including Highways object on access and visibility grounds, Manx Utilities request defe…
Key concern: inadequate access visibility and width failing Manual for Manx Roads standards with safety risks on narrow private lane
Thie My Chree
ObjectionVisibility splays of 2.4m x 25m are needed... cannot accommodate two way traffic, vehicular turning movements, emergency services access and do not have suitable highway visibility; The two sections of public foul sewer... are not suitable in their present condition to accommodate additional flows
Friendly Acre
Objectionpedestrian access lane between Yn-Thie-Ain and Thie My Chree unsuitable for vehicles, recently widened without consultation; risks to bungalow foundations from vehicle vibration; parked cars make entering/exiting dangerous, narrow lane to single vehicle width; Cooil Avenue unadopted, potholed, privately maintained, applicant never contributed; poor visibility at junction due to parking and childminding traffic; no footpaths, hazardous for pedestrians; drainage blockages, assumed foul drain line incorrect; coastal erosion per Jolliffe Report; mature hedging not fencing at access; dormer bungalow causes overshadowing, overlooking, privacy loss; dark skies views compromised
Range View Cooil Avenue
ObjectionDue to the inability of the Appellant to legally control the height of the existing hedge and fence... significant danger could be caused to pedestrians
Lyndale 1 Cooil Avenue
Objectionaccess across two narrow private lanes unsuitable for heavy vehicles; inadequate turning space, previous construction inconvenienced residents; sewerage/drainage already inadequate with frequent blockages; childminder at no.2 Cooil Avenue, increased traffic dangerous for children
Valhalla Beachfield Farm Lane
Objectiondormer/Velux windows and staircase indicate intent for 1st floor living, overlooking impact; narrow access lane cannot accommodate construction traffic; 100mm soakaway risks subsoil in coastal erosion zone; access over privately owned roadways not owned by applicant
Department of Infrastructure Highways
Objectionany new accesses... would need to comply with the standards stated in Manual for Manx Roads (MfMR); minimum access visibility of 2.0m x 18m would be required
Michael Commissioners
Conditional No Objectionsewage system capacity concerns, previous advice that it cannot take another property; applicant has unfinished property already unconnected to sewage; land ownership query for stable entrance
Conditions requested: sewage system must be confirmed correct and house connected as soon as built; land ownership for entrance investigated and cleared before approval
Michael Commissioners
Conditional No Objectionsewage connection issue for applicant's prior approved property 12/01204/B; land ownership for entrance to be investigated
Conditions requested: sewage issue investigated before approval
Manx Utilities Drainage
No CommentWe still require a deferral on the above planning application as our investigations are not conclusive
The original application for a detached dwelling replacing an existing outbuilding/stables and associated garage was refused for poor access visibility/ manoeuvring detrimental to highway safety (GP2 h,i) and adverse impact on living conditions of adjacent properties due to height and proximity (GP2 g,k). The appellant argued the access is existing and in use on a low-speed private cul-de-sac with initial no-objection from highways, and the proposal improves on the existing building without significant amenity harm due to orientation, screening and no overlooking windows. The council defended the refusal citing later highways objection, substandard visibility splays, parked vehicles, and breaches of Residential Design Guidance 25-degree outlook line causing dominance and privacy loss. The inspector found substandard access visibility would worsen safety on the private road used by pedestrians/children, and the dwelling's scale/siting would unacceptably dominate/harm outlook at Yn Thie Ain (4m away) contrary to GP2(g), warranting dismissal. No decision by Minister is documented.
Precedent Value
Even on residential-zoned infill with access precedent, substandard visibility + intensification harms safety; strict amenity standards (RDG outlook) apply rigidly to rear amenity space despite screening/no objections; current site use/context overrides past approvals.
Inspector: Brian J Sims BSc(Hons) CEng MICE MRTPI
