2 June 2014 · Minister for Infrastructure, the Hon P A Gawne MHK, by Order of the Minister, N J Black (Chief Executive)
York Cottage, Clypse, Onchan, Isle Of Man, IM4 5bg
The application sought reserved matters approval for erecting two replacement dwellings and associated parking at Clypse Mooar Cottages, Clypse, Onchan IM4 5BG. Initially approved on appeal with conditions, an administrative error cited the wrong Town and Country Planning (Permitted Development) Order (1995 instead of …
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The decision approves the reserved matters following a positive recommendation from Minister Gawne MHK on appeal, subject to conditions.
No additional extensions or alterations
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any order revoking and re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwellinghouses other than that expressly authorized by this permission, shall be carried out without the prior written permission of the Department. Reason: To enable the Planning Authority to control the development and to safeguard the appearance of the development and the amenities of the surrounding area.
Garages for private parking only
The garages hereby approved shall not be used other than for the parking of private motor vehicles associated with the development. Reason: To provide adequate off-street parking.
Development in accordance with approved drawings
The development hereby approved shall not be carried out except in full accordance with drawings 1001/PL40A, 1001/PL41 and 1001/PL42 (with respect to Plot 1 and as relevant to Plot 2), each date stamped 10 October 2013; 1001/PL04 Rev E and 1001/PL06 Rev D, each submitted as appeal documents. Reason: For the avoidance of doubt.
recommended approval of the above planning application for reserved matters subject to 3 conditions
The original reserved matters application (13/91198/REM) pursuant to outline approval PA13/00185/A was refused for reasons including contradictory drawings (chimneys omitted on sides), non-compliance with Housing Policy 14 and Circular 3/91, dangerous parking movements contrary to General Policy 2(g), and insufficient amenity space for Plot 2. The appellant argued revised plans corrected the chimney error, designs reflected traditional Manx features per Circular 3/91 using golden ratio proportions, parking was improved over existing, and garden areas were adequate. The inspector found the proposals enhanced rural character despite some size increases beyond 50%, accepted revised drawings, deemed parking and access satisfactory with no Highways objection, and considered gardens adequate after Plot 2 amendments. All refusal reasons were addressed positively, leading to the Minister allowing the appeal on 14 October 2014 subject to two key conditions.
Precedent Value
This appeal demonstrates flexibility in HP14 for replacement dwellings where poor existing structures are upgraded to traditional designs with environmental improvements, even exceeding 50% size or incorporating modest 'grander' features if site-specific. Future applicants should provide robust floorspace calculations, secured technical revisions, and third-party support like Highways, while addressing amenity via amendments.
Inspector: Alan Langton
