18 June 2013 · Planning Committee
Thie Ny Strooan, Hillberry Green, Douglas, Isle Of Man, IM2 6de
The proposal involves constructing a large detached building (approximately 11m high, with tennis hall 37m x 19m and two-storey ancillary areas) finished in horizontal softwood timber cladding, Manx stone detailing and powder-coated aluminium windows, located within the curtilage of a replacement dwelling under constru…
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The officer assessed the proposal as ancillary to the large replacement dwelling on a residentially designated site, concluding the principle is acceptable as the scale is proportionate to the site an…
General Policy 2
Requires development in accordance with zoning to respect site/surroundings in siting/layout/scale/design/landscaping, not adversely affect landscape/townscape/amenity/highway safety, incorporate topography/trees, and provide safe access. Officer assessed proposal as compliant: ancillary use fits residential zoning; scale proportionate to large site/dwelling; distances/screening protect amenity; fleeting public views acceptable; limited access safe per Highways; tree planting enhances site.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved drawings
The development hereby permitted shall not be carried out except in complete accordance with drawing no.s P003 rev. A, P004, P101, P102, P201, P301, P302, X001, X002 and X003 rev. A date stamped the 10th April 2013.
Public sewer diversion
Prior to the commencement of development details of the diversion of the public sewer must be submitted to and agreed in writing by the Planning Authority. Thereafter, the public sewer must be diverted in accordance with those agreed details prior to the implementation of the approved development.
Tree planting
All tree planting shown on drawing no. P003 rev. A must be carried out in the first planting and seeding seasons following the completion of the development. Any tree which within a period of five years from the completion of the development dies, is removed, or becomes seriously damaged or diseased must be replaced in the next planting season with another of a similar size and species.
Residential use only
The building hereby permitted by this planning approval shall be used only in association with the residential enjoyment of the dwelling contained within the application. For the avoidance of doubt no planning approval is hereby granted for the commercial use, or use by clubs, of the building.
Vehicular access restriction
The vehicular access from the Mountain Road hereby permitted by this planning approval shall be used only by vehicles maintaining the building permitted by this planning approval or by emergency vehicles requiring emergency access to the application site. Private access to the building permitted by this planning approval shall be achieved internally to the application site via the Hillberry Green access only.
do not oppose subject to vehicular access used for maintenance purposes only and not daily use by occupants/visitors
does not oppose subject to diversion of public sewer
The original application 13/00423/B for alterations, erection of a building providing indoor tennis court, squash court, gymnasium, and vehicular access was approved by the Planning Committee on 17 June 2013 with decision notice dated 18 June 2013. Neighbour Mrs S Crellin of 18 The Laurels appealed on grounds of visual impact, highway safety, residential amenity, noise, light, privacy, and potential non-private use. The inspector assessed the proposal as ancillary to the residential dwelling, found it compliant with GP2 of the IOMSP regarding character/appearance, living conditions, and highway safety (with conditions), and recommended dismissal. The Minister concurred, dismissing the appeal on 7 October 2013 and confirming the approval subject to conditions.
Precedent Value
This appeal confirms that large ancillary recreational buildings can be approved in residential zones on spacious sites if strictly conditioned against commercial use and supported by Highways for limited-access proposals. Future applicants should secure technical consultee support early and emphasise enforceable private use with robust amenity separation.
Inspector: Anthony J Wharton BArch RIBA RIAS MRTPI