12 September 2014 · Head of Development Management (delegated authority), signed by Director of Planning and Building Control
Land Adjacent To, Kerrowkeil, Patrick Road, St Johns, Isle Of Man, IM4 3bn
The site is a triangular piece of land forming part of the side garden of the detached dwelling Kerrowkeil on Patrick Road in St Johns, fronting the road with a rear boundary to an access lane serving four properties.
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The officer noted the applicant has a 'genuine reason for not having implemented the approval granted in terms of the loss of Mr. Sainsbury'.
Residential Policy RES/P/5 (St John's Local Plan)
Requires new residential development outside specified areas to comply with certain Planning Circulars. Listed as material but not specifically assessed against the variation proposal, which does not alter the development principle previously approved in line with this policy.
Policy RES/P/6
Prohibits residential development adversely affecting the historic setting of Tynwald Hill. Listed as material but not tested, as the site is in a residential area and prior approval addressed any such impacts.
General Policy 2
Permits development in accordance with zoning and other policies if it respects site surroundings, character, amenity, parking, etc. Cited as material; variation maintains compliance as no changes in circumstances and principle already approved.
Environment Policy 42
Requires new development to respect local character and prohibits removal of green spaces contributing to visual amenity. Relevant to prior refusals on tree loss but prior approval included condition protecting Ash tree; no re-assessment needed for time extension.
Transport Policy 7
Requires parking per standards (two spaces per unit, one behind frontage). Prior approval conditioned this; repeated in new conditions without re-testing for variation.
Commencement time limit
The development hereby approved shall be begun either before 11th October, 2018 or before the expiration of two years from the date of approval of the last of the reserved matters. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
Reserved matters submission deadline
Application for approval of the reserved matters shall be made to the Planning Authority before 11th October, 2016 and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
Parking and turning requirements
Any subsequent reserved matters planning application must include an on-site turning facility for vehicles and provision for at least two on-site car parking spaces, at least one of which must be provided behind the front of the dwelling. The minimum acceptable width of a parking space is 3.0 metres.
Tree protection setback
No part of any dwelling proposed within any subsequent reserved matters planning application shall be located within 8.0 metres of the main trunk of the existing Ash tree that is located adjacent to the southern boundary of the application site.
no objection to the application
Patrick Parish Commissioners provided multiple responses on application 14/00908/B, making no comment on the proposal but noting that extending the permission from 2 to 6 years would be irregular, and later confirming no further comment.
Key concern: extension of 4 years when approval originally was for only 2 years would be rather irregular
Patrick Parish Commissioners
No CommentThe Commissioners made no comment on any of the various attempts to secure permission on this site and therefore continue that position.; an extension of 4 years when approval originally was for only 2 years would be rather irregular.
Patrick Parish Commissioners
No CommentThe following Applications have a consultation period that ends before the Commissioners are next due to meet. The next meeting is on Monday September 8th 2014 when the matters will be considered... it would be helpful if consideration could be deferred until after the end of that week.
Patrick Parish Commissioners
No CommentThe following Application was discussed by the Commissioners at their meeting on Monday last when it was resolved that no further comment would be made. Please therefore refer to earlier comment submitted to the original Applications.
The original application sought approval in principle to erect a dwelling on a triangular side garden site off Patrick Road, St John's, which was granted by the Planning Authority despite prior detailed proposals being refused on appeal for issues including Ash tree retention and parking/overdevelopment. The appellants argued that previous failures to design a satisfactory dwelling meant the principle should be rejected, citing insufficient space and tree impacts. The Authority and applicants defended the grant, providing a sketch showing feasible parking and tree separation. The inspector confirmed the principle was already established by prior appeals, found the sketch indicative of viability, and concluded no harm to rural character or overdevelopment would occur with a well-designed scheme. The appeal was dismissed, upholding the approval in principle with no additional conditions.
Precedent Value
Once principle of development established in prior appeal absent material changes, approval in principle upheld even without details if indicative evidence shows detail issues resolvable. Future applicants should secure principle early via AIP before details; objectors need substantial evidence to overturn established principle.
Inspector: Stephen Amos
