3 November 2009 · Delegated - Senior Planning Officer
1, Railway Terrace, Douglas, Isle Of Man, IM1 4lt
The proposal involved converting the small front yard of 1 Railway Terrace, a terraced house in a cul-de-sac off Peel Road, into a driveway measuring 5500mm x 2500mm, finished in paving slabs, by removing part of the rear boundary wall adjoining a narrow access lane.
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The officer assessed that the proposed 5.5m x 2.5m driveway breaches the applicant's residential curtilage as edged red on the plan, failing to achieve the standard parking space of 2.5m x 5.0m or min…
General Policy 2
GP2 permits development in line with zoning if it meets criteria including respecting surroundings (b), not adversely affecting townscape character (c), not harming locality amenity (g), and providing safe highway access with adequate parking/manoeuvring (h), without unacceptable road safety impact (i). The officer found failure against (h) and (i) as the driveway cannot contain a full parking space without highway overhang, hazardous reversing/manoeuvring due to narrow lane and bay window encroachment, and visibility blocked by adjacent building; also (c)/(g) due to prominent vehicle in small front yard altering terraced character.
No objection
Douglas Corporation has no objection to the proposals including 09/01503/B, while Highways Division objects due to insufficient plan details.
Key concern: Plan is not detailed enough to show that the vehicle will not obstruct the rear lane
Douglas Corporation
No ObjectionDouglas Corporation have no objection to the proposals listed below.; It should be noted that the above comments are made in relation to the Town and Country Planning Acts and does not imply approval or consent under any other relevant enactment, byelaw, order or regulation.
Highways Division
ObjectionPlan is not detailed enough to show that the vehicle will not obstruct the rear lane
The original application for creation of vehicular access and off-road parking (5.5m x 2.5m) at a terraced dwelling with small triangular front garden was refused by the Planning Committee. The appellant argued for parking motorcycles to avoid road damage and reduce on-street parking, claiming minimal overhang and no highway impact. The Council defended refusal citing inadequate curtilage for standard parking under General Policy 2, highway safety risks from overhang and manoeuvring, and harm to character. The inspector found highway safety detriment decisive due to site constraints and awkward reversing angle for a car, rejected character harm as insufficient for refusal, but dismissed the appeal solely on highway safety grounds, suggesting pursuit of motorcycle parking.
Precedent Value
Appeals for car parking in constrained urban curtilages likely to fail on highway safety if overhang or awkward access evident, even if character neutral; applicants should apply specifically for intended use (e.g. motorcycles) to match plans and avoid dismissal.
Inspector: David G Hollis
