13 April 2010 · Planning Committee
Plot 2 Land Adjoining Far End, King Edward Road, Onchan, Isle Of Man, IM3 2ax
The proposal is for a single detached dwelling of modern design using materials like smooth painted render, cedar and larch board cladding, Manx stone, stainless steel detailing, glazing, and a sedum grass roof, on a sloping site designated for residential use.
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The principle of residential development is established by the site's zoning for proposed residential use under the Onchan Local Plan 2000 (Area 12) and extant approval under 07/02101/B for four plots…
Policy O/RES/P/9 of Planning Circular 1/2000 (Onchan Local Plan)
Requires max 3 dwellings (but 4 approved under 07/02101/B), response to contours without under/overbuilding, retain/enhance footpath, single cul-de-sac access max 1:10 gradient, 3 parking spaces/dwelling with one behind building line. Officer assessed proposal complies: contours followed per cross-sections, footpath unaffected, 3-car garage provided.
Policy O/RES/P/19 of Planning Circular 1/2000
Permits new residential in designated areas if fitting density, massing, design, character of adjacent dwellings. Assessed as modern design acceptable on this site per Inspector precedent.
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale/form/design/landscaping, no adverse amenity/highway impacts, etc. Officer found visual impact not unduly harmful, no amenity/highway harm, respects brief.
Environment Policy 4
Protects species/habitats; site has potential lizards (local importance). Not specifically covered but regarded; pre-application with DAFF, refuge provided.
Environment Policy 5
Mitigation for impacts under ENV4 via conditions/planning agreements. Conditions imposed for lizard method statement and mitigation measures.
Housing Policy 2 (Draft Southern Area Plan)
Ensure housing land supply per plans. Site allocated in Local Plan.
Housing Policy 6
Zoned residential land per area plan brief. Complies with O/RES/P/9 brief.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved drawings
This approval relates to drawing no.s K116/P/10-21, K116/P/10-22, K116/P/10-23, K116/P/10-24, K116/P/10-25, K116/P/10-26, K116/P/11-21, K116/P/12-21, K116/P/12-22 and K116/P/14-01 date stamped the 18th December 2009.
Lizard method statement
Prior to the commencement of development a method statement that specifically deals with the protection of, and mitigation measures to limit the impact of development on, lizards must be submitted to and agreed by the Planning Authority. Once agreed the measures set out within the method statement must be followed during the construction of the approved development and may not be altered or removed in any way without the prior written approval of the Planning Authority.
Lizard mitigation construction
Prior to the occupation of the dwelling the lizard mitigation measures, as shown in drawing no.s K116/P/10-23, K116/P/10-24 and K116/P/14-01, must be constructed in accordance with the approved drawings and maintained thereafter to the satisfaction of the Planning Authority.
Do not oppose
No objection
Drainage Division and Highways Division raised no objection (with conditions from Drainage), while Onchan District Commissioners recommended refusal and Manx Electricity Authority requested contact; multiple local residents objected strongly on visual, scale, privacy, and overlooking grounds.
Key concern: proposed dwelling is not in keeping within the area and that it would be an over excessive use of the area and that it was located too near to the roadside
Drainage Division, Department of Transport
Conditional No ObjectionNo Objection subject to the following conditions; If this "existing drainage" discharges (directly or indirectly) to the foul sewerage system then it should be noted that an alternative means of surface water disposal must be provided.
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)
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.
Manx Electricity Authority
No CommentThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority.; See Note 2
Conditions requested: the applicant must contact the Authority
Onchan District Commissioners
ObjectionThe Commissioners recommend that the application be REFUSED for the following reasons
Isle of Man Fire and Rescue Service Fire Safety Officer
ObjectionRECOMMEND REFUSAL OF THE ASSOCIATION AS
The original application (08/02129/B) for erection of a large modern detached dwelling on open coastal heathland was refused by the Planning Committee against officer advice due to its height, mass, design and positioning creating an incongruous and obtrusive feature contrary to General Policy 2. The appellant argued the principle of development was established, the design used natural materials, and it would form an appropriate landmark terminating the headland development. The council defended the refusal citing the building's size and prominent mass forming a strident transition to open coastal scenery. The inspector found the proposal would not harm visual amenities, would complement surroundings as a landmark building, and comply with policy. The appeal was allowed subject to conditions including a lizard refuge.
Precedent Value
Modern, bold designs can succeed on appeal if materials harmonise with landscape and prior approvals establish principle, even against committee refusal. Applicants should leverage officer support and contextual variety in headland/coastal edges.
Inspector: Neil A C Holt
