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25/90512/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90512/B Applicant : Mr & Mrs John and Jeanette Gelling Proposal : Creation of raised parking, garden walling, steps and widening of vehicular access Site Address : 3 Oak Close Onchan Isle Of Man IM3 3HR
Planning Officer: Vanessa Porter Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 23.06.2025 __
Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions
C 1. 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. The driveway area hereby approved shall be finished a bound and consolidated material and retained as such thereafter.
Reason: in the interest of Highway Safety.
This application has been recommended for approval for the following reason. It is concluded that the planning application accords with the provisions set out in General Policy 2 and Transport Policy 7 of the Isle of Man Strategic Plan 2016, as such the planning application is recommended for approval.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 21st May 2025; o Covering Letter o Drawing No. EX-01 o Drawing No. P-01 Rev A o Drawing No. P-02 o Drawing No. P-03 o Photographs of the existing dwelling o Appeal report for PA20/00186/B __
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25/90512/B
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No objection subject to condition Onchan Commissioners - No objection __
Officer’s Report
THE APPLICATION SITE 1.1 The application site is the residential curtilage of 3 Oak Close, Birch Hill, Onchan which is a detached bungalow situated to the east of the Oak Close cul-de sac which is to the south of the Maple Avenue cul-de-sac.
1.2 The properties to the east and south of the Oak Close cul de sac have driveways of different gradients and have open plan front gardens. 3 Oak Close has the steepest driveway within Oak Close.
1.3 3 Oak Close currently has two available parking spaces, one within the current garage and one on the driveway.
THE PROPOSAL 2.1 The current planning application seeks approval to erect a raised driveway suitable for two car parking spaces. The raised driveway will measure 6.1m wide by 6.5m length and will have a height of 1.2m at the lowest point of the driveway. On top of the proposed raised driveway is a 1.1m high post and wire balustrade which is to go around part of the raised platform. To the north of the raised driveway the current flower bed will be changed into an access ramp and to the south of the raised driveway a new footpath will be installed with landscaping.
PLANNING HISTORY 3.1 There is one previous application, which is relevant to this application, PA20/00186/B which was for "Creation of raised parking, garden walling, steps and widening of vehicular access," which was approved at Appeal.
PLANNING POLICY 4.1 The site lies within an area zoned as "Predominantly Residential" on the Area Plan for the East, Map 6 - Onchan. The property is not within a Conservation Area or a Flood Risk Zone.
4.2 Given the nature of the application it is appropriate to consider paragraph 8.12.1 and the general design standards set out in General Policy 2 of the IOM Strategic Plan 2016 along with the general advice set out in 6.3 of the Residential Design Guide in respect of driveways and car parking and not removing over 50% of the garden area and Transport Policy 7 in connection with Appendix 7.
REPRESENTATIONS 5.1 The following representations can be found in full online, below is a short summery;
5.2 Highway Services have considered the application and state, "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking. A S109 Highway Agreement will be required for the proposed widened vehicular access onto the highway. A condition on the parking area to be bound and consolidated material is advised (for highway safety purposes). (30.04.25)
5.3 Onchan Commissioners have considered the application and state, "Approved for Planning Purposes only." (19.06.25)
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25/90512/B
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ASSESSMENT 6.1 The proposal within this application is a direct copy of PA20/00186/B, the applicants have stated the following for why the previous application was not followed through with, "Since obtaining our approved application we have had to prioritise our home improvements and this unfortunately has fallen down the list of "jobs to do" and then when we have come to restart this project, we have realised that the application has expired."
6.2 The reasoning for the time period on all applications is to ensure planning applications do not have everlasting permission, and either the applicant needs to commence development or seek a variation of condition to extend the period be submitted. This process to potentially extend the original period is to re-assess whether there have been any changes in local plan/planning policies and/or any material planning matters.
6.3 When looking at the inspectors report for the Appeal on PA20/00186/B they state the following in part, "I can well understand the appellant' reluctance to use the existing driveway either as a parking space, or for vehicular access to their garage. Its geometry plainly fails to meet the requirements of the Manual for Manx Roads. I consider that its extreme gradient must be both inconvenient, and potentially hazardous. Since the appellants understandably prefer to park at the kerbside, the appeal premises are currently without effective off-street parking. The proposed development would help mitigate this problem. Although, at 1:8, the gradient of the proposed parking area would still fail to comply with the standard set out in the Manual for Manx Roads, it would be a good deal safer and more convenient than the existing arrangement. I do not attach great weight to the potential loss of a kerbside parking space. At the time of my visit there appeared to be no shortage of on-street parking accommodation available in Oak Close. Furthermore, the appellants' potential requirement for kerbside parking would be reduced by two spaces.
The proposed development would plainly affect the outlook from one of the front windows in the appeal premises. However, I understand this fenestrations lights a bedroom, and is therefore not a primary window. As the proposed balustrade would be a lightweight, see through structure, I do not consider that it would have a significant impact on the natural illumination of the accommodation in question.
I accept that the raised parking area would be a conspicuous element in the street scene, particularly when occupied by vehicles. However, I consider that its adverse visual impact would be outweighed by the benefits outlined above. Any proposal for similar development in Oak Close, or elsewhere in Onchan, would fall to be considered on their merits."
6.3 When considering the above and noting that there have been no material changes, in planning terms since the last approval, such as policy changes, a change in land use designation, new or altered legislation, or site circumstances that would lead to a different decision being made, the proposal is deemed acceptable.
CONCLUSION 7.1 Accordingly, it is considered for the above reasons the proposal is deemed to comply with General Policy 2 and Transport Policy 7 of the Isle of Man Strategic Plan 2016, as such the planning application is recommended for approval.
RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
8.2 Article A10 sets out that the right to appeal is available to:
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25/90512/B
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o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative. __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made : Permitted
Date: 26.06.2025
Determining Officer
Signed : J SINGLETON
Jason Singleton
Principal Planner
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