25 May 2010 · Planning Committee
88, King Edward Road, Onchan, Isle Of Man, IM3 2au
The proposal involves demolishing the existing vacant dwelling at 'Far End' and constructing a new modern three-storey (due to sloping site) detached house using materials like smooth painted render, cedar and larch cladding, Manx stone, stainless steel, glazing and sedum grass roof.
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Principle of residential development established by Onchan Local Plan designation (Area 12, Policy O/RES/P/9 max 3 dwellings) and extant approval 07/02101/B for 4 plots.
Policy O/RES/P/9 of Planning Circular 1/2000 (Onchan Local Plan)
Requires max 3 dwellings on site adjacent Far End, respond to contours/avoid underbuilding, retain/enhance footpath, single cul-de-sac access gradient <=1:10, 3 parking spaces/dwelling with 1 behind building line. Officer assessed proposal complies: 1 dwelling (part of 4-plot approval), cross-sections show contour response, footpath unaffected, uses approved access, 3-car garage provided.
General Policy 2
Permits zoned residential development respecting site/surroundings in siting/layout/scale/form/design/landscaping, no adverse amenity/character/highway impacts. Officer found modern design/scale acceptable (per appeal precedent), no undue visual harm, amenity protected by revisions/planting, highway safe.
Housing Policy 6
Zoned residential per area plan brief. Officer confirmed compliance with O/RES/P/9 brief satisfies this.
Policy O/RES/P/19 of Planning Circular 1/2000
New residential in Onchan fits density/massing/design/character of adjacent. Assessed as modern design suitable given varied surroundings and appeal findings.
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.s K116/P/10-11, K116/P/10-12, K116/P/10-14, K116/P/10-15, K116/P/10-16, K116/P/11-11 date stamped the 18th December 2009 and drawing no.s K116/P/10-17 rev. A, K116/P/11-12 rev. A, K116/P/12-11 rev. A and K116/P/12-12 rev. A date stamped the 19th March 2010.
Landscaping scheme
Prior to the commencement of development a scheme of landscaping that specifically relates to screen planting along the western boundary of the application site with adjoining properties Braemar and The Long House must be submitted to and agreed by the Planning Authority. Such planting should serve to reinforce the boundary between existing and proposed properties as well as aiding to limit the impact of the proposed development on the residential amenity of those existing properties. Thereafter, all planting comprised in the agreed scheme must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Do not oppose, no traffic management, parking or road safety implications
No objection subject to connection to public sewer and no surface water to foul
Statutory consultees including Drainage Division, Manx Electricity Authority, and Highways Division raised no objections subject to standard conditions on drainage and utilities; however, Onchan District Commissioners recommended refusal and multiple local residents objected strongly on visual, privacy, and character grounds.
Key concern: proposed dwelling not in keeping with the area, excessive scale, and too near roadside
Drainage Division, Department of Transport
Conditional No ObjectionNo Objection subject to the following conditions; In accordance with the Sewerage Act 1999, a communication fees will be payable
Conditions requested: The proposed dwellings must be connected to the public sewer(s) in a manner acceptable to the Department of Transport Drainage Division. All drainage works must conform to the requirements of the Department of Transport's 'Manx Sewers for Adoption' and all necessary inspections/surveys [including CCTV] are to be carried out at the developer's expense.; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Department of Transport Drainage Division and the Sewerage Act 1999.; Under section 4(3) of the Sewerage Act 1999 the applicant must give 21 days notice, in writing, to the Drainage Division, prior to making any communication to the public sewer.
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application.; Contact the M.E.A. for Electrical Site Safety 5 documents
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 our Network Operations Department, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines
Department of Transport Highways Division
No ObjectionDo not oppose has no traffic management, parking or road safety implications; This proposal will not generate a significant increase in vehicular movement.
Onchan District Commissioners
ObjectionThe Commissioners recommend that the application be REFUSED for the following reasons
Onchan District Commissioners
ObjectionThe Commissioners recommend that the application be REFUSED for the following reasons
The original application for erection of a replacement detached dwelling was approved by the Planning Committee on 25 May 2010, despite objections from neighbours and Onchan Commissioners on design, scale, visual impact, overlooking and privacy. Third parties (residents of Braemar, Long House, 133, 135 and 137 King Edward Road) appealed the approval. The applicant and Council defended it as compliant with policy O/RES/P/9, established principle of development via prior approvals, modern design suitable for the site, adequate distances and landscaping to protect privacy. The Inspector found no harm to street scene but concluded serious overlooking and overbearing impact on Braemar and Long House from the first-floor balcony and windows, due to inadequate landscaping evidence and plans. The Minister accepted the Inspector's recommendation on 12 October 2010, allowing the appeal and refusing permission.
Precedent Value
Demonstrates need for detailed visual/landscape evidence at application stage for close/lower neighbours, even with conditional landscaping; inspectors require sightlines/distances/plans, not just assertions. Future applicants must submit comprehensive overlooking analysis and landscaping schemes before approval.
Inspector: David Bushby
