13 December 2012 · Delegated - Senior Planning Officer (Anthony Holmes)
Kalaw, 41, Groudle Road, Onchan, Isle Of Man, IM3 2ef
The proposal involves building two detached dwellings (one 2-storey and one 1.5-storey) on a vacant plot previously occupied by a demolished dwelling, including driveways, parking, removal of a tree, and construction of a missing section of pedestrian footway along Groudle Road.
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The principle of two dwellings was accepted due to the site's location in a predominantly residential area under Onchan Local Plan Policy O/RES/P/19 and prior approval in principle under 06/00090/A, u…
Policy O/RES/P/19 of Planning Circular 1/2000
Permits new residential properties in areas designated for residential use where they fit with density, massing, design and character of existing adjacent dwellings. Officer assessed site as predominantly residential and proposal compliant given prior approvals and varied character.
General Policy 2
Requires development in zoning to respect site/surroundings (siting, scale, design), not harm character/townscape, amenity, highway safety/access/parking, or traffic flows. Officer tested all parts (a-n), finding compliance except prior refusal on (h)/(i) now addressed; private amenity (g), character (c), highways tipped balance via conditions.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to drawing no. 1017/PL001 rev. C date stamped the 5th November 2012.
Pre-commencement tree removal and footway
Prior to the commencement of construction of either dwelling the tree identified as such must be removed and the missing section of pedestrian footway along Groudle Road must be constructed in accordance with drawing no. 1017/PL001 rev. C date stamped the 5th November 2012.
recommend that the planning application be approved
do not oppose the planning application
no objection subject to conditions on sewer connection and no surface water to foul system
expresses an interest in the planning application
Utilities consultees (MEA and WSA) raised no objections with conditions for coordination; Highways Division deferred due to garage size issues but later did not oppose with conditions; Onchan Commissioners supported approval.
Key concern: Internal measurements of proposed double garage do not meet the required standards of 5 x 6 metres
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application. Please contact our Network Operations Department... to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site.; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.
Conditions requested: The applicant must contact the Authority; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application; Contact the M.E.A. for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site. All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6
Isle of Man Water and Sewerage Authority
Conditional No ObjectionNo Objection: - subject to the following conditions:-; It is a legal requirement under the Sewerage Act 1999 that the Authority be advised, in advance, of the date of the connection of each dwelling to the public sewer(s).
Conditions requested: The proposed development must be connected to the public sewer(s) in a manner acceptable to the Isle of Man Water & Sewerage Authority and on terms and conditions, which must be agreed with the Authority prior to the commencement of any building works.; There must be NO discharge of surface water (including that from roofs and paved areas) from this proposed development to any foul drainage system(s); The drainage layout and connection points to the public foul system must be agreed with the Authority prior to any work commencing on site.
Highways Division
Conditional No ObjectionDefer | Internal measurements of proposed double garage do not meet the required standards of 5 x 6 metres; Do not oppose subject to the imposition of the following condition
Conditions requested: The applicant shall contact the Network Operations Section of the Department of Infrastructure prior to carrying out any works within the highway, including the installation of dropped kerbs. Telephone 686665.
Onchan District Commissioners
SupportThe Commissioners recommend that the application be APPROVED for planning purposes only.
The original planning application 11/00292/B for two detached dwellings with parking was granted permission by the Planning Authority. Neighbours at 39 Groudle Road appealed, arguing over-development, loss of amenity, and highway safety concerns including unresolved visibility issues from prior approvals. The inspector agreed on highway safety, finding the full approval lacked details for footway provision and visibility splays, unlike the prior approval in principle, and could not be conditioned adequately. No significant harm was found to character/appearance or residential amenity, supported by prior appeal precedents. The appeal was allowed, planning permission refused on highway safety grounds conflicting with General Policy 2(h) and (i).
Precedent Value
Emphasises need for full highway details in detailed/full applications, not deferrable by condition if requiring external agreements like Highways adoption. Reinforces weight of prior appeal findings on principle, character, and amenity in established residential areas.
Inspector: Stephen Amos MA(Cantab) MCD MRTPI
