15 February 2013 · Delegated - Director of Planning and Building Control
Plot 7, Bay View Road, Onchan, Isle Of Man, IM3 1hx
The proposal involves constructing a modern two-storey dwelling with a pitched roof featuring a flat central section, large first-floor glazing, a balcony, grey standing seam sheeted roof, white render walls, and aluminium-framed windows on a vacant plot currently used as a lawned area with a flat-roofed garage.
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The scheme is virtually identical to PA 06/02106/B, approved on appeal five and a half years earlier, with no changes in circumstances or policy to alter that conclusion.
General Policy 2
GP2 permits development in accordance with land use zoning if it respects site/surroundings in siting, scale, form, design; avoids adverse impacts on amenities, road safety, habitats; provides safe access/parking; and meets service needs. Officer assessed the proposal as compliant, with modern design acceptable per prior appeal due to matching scale/massing, no amenity harm, satisfied access/drainage via amendments, and fitting residential zoning.
Policy O/RES/P/19 of Planning Circular 1/2000
Permits new residential properties in designated residential areas where they fit with density, massing, design and character of existing adjacent dwellings. Site is in such area; officer found proposal fits via similarity to prior approval and no identified character conflicts.
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 the erection of a dwelling as shown in drawings 02D and 01E received on 17th January, 2013.
Visibility splays
The access to the approved dwelling must have available to it visibility splays of 2m by 36m unimpeded by obstructions.
recommend that the application be APPROVED for planning purposes only
Do not oppose subject to visibility splays of 2 x 36 metres and on-site turning facility
No Objection subject to conditions on sewer protection, 2m clearance, foundations below invert, and connection requirements
no objection - contact for works near cables/overhead lines and electricity supply
All consultees either raised no objection or supported the erection of a dwelling at Plot 7 Bay View Road, Onchan, with conditions requested by Water Authority and Highways Division.
Key concern: Public sewerage crosses this site
Isle of Man Water and Sewerage Authority
Conditional No ObjectionNo Objection: - subject to the following conditions:-; In accordance with the Sewerage Act 1999, a communication fee will be payable to the Isle of Man Water & Sewerage Authority in respect of this property being connected (directly or indirectly) to the public drainage system.; Under section 4(3) of the Sewerage Act 1999 the applicant must give 21 days notice, in writing, to the Authority, prior to making any communication to the public sewer.
Conditions requested: The line of the sewer(s) must be identified before development work commences. The sewer(s) must be fully protected whilst all building works are being carried out. No part of the proposed development may be constructed, nor any trees planted, within two metres of any public sewer either at the time of construction or at any time in the future. The foundation of the proposed dwelling where the clearance is only 2 metres, the foundations are required to be below the invert level of the sewer.; The proposed dwelling must be connected to the public sewer(s) in a manner acceptable to the Isle of Man Water & Sewerage Authority. All drainage works must conform to the requirements of “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 (including that from roofs and paved areas) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Isle of Man Water & Sewerage Authority and the Sewerage Act 1999.
Manx Electricity Authority
No ObjectionContact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.; See Note 2
Conditions requested: Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.
Highways Division
Conditional No ObjectionDo not oppose subject to the imposition of the following condition
Conditions requested: Visibility splays of 2 x 36 metres shall be provided from the new access onto Bay View Road.; On-site turning facility be provided to enable vehicles to access and egress in a forward gear
Onchan District Commissioners
SupportThe Commissioners recommend that the application be APPROVED for planning purposes only.
The original planning application (06/02106/B) for demolition of a garage and erection of a 2-storey dwelling was approved by the Department of Local Government and the Environment (DOLGE), prompting appeals from Onchan District Commissioners and neighbours at Nos 5 and 9 Bay View Road citing design incompatibility, overdevelopment, proximity to road and boundaries, privacy loss, and breach of restrictive covenant. Appellants argued the modern design clashed with 1950s/60s neighbours, the building was too large and cramped, and it violated a covenant on building lines and materials. The planning authority and applicant defended the scheme as respecting the prior approval in principle, fitting the varied street scene, having minimal privacy impact, and noted covenants are not material to planning. The inspector found the modern design acceptable given lack of uniformity in the street, no conservation area, reasonable scale/massing/setback, and insignificant privacy harm, dismissing the appeals. The Minister accepted the recommendation, confirming the approval.
Precedent Value
Demonstrates modern infill dwellings can succeed on appeal in varied urban streets lacking design policies, even against neighbour/third-party opposition, if scale/privacy acceptable and covenants dismissed as non-material. Future applicants should secure AIP first and emphasise street variety over matching vernacular.
Inspector: Michael Hurley
