27 May 2011 · Minister for Infrastructure
Kalaw, 41, Groudle Road, Onchan, Isle Of Man, IM3 2ef
The proposal involved subdividing a vacant plot previously containing a demolished dwelling into two plots for two detached houses: a full two-storey 4-bedroom house on the western plot (Plot A) and a dormer-style house on the eastern plot (Plot B), each with parking and separate accesses onto Groudle Road.
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The independent inspector at the appeal inquiry concluded the proposal would cause significant harm to traffic and pedestrian safety due to failure to incorporate works for satisfactory visibility at …
General Policy 2
Requires development to respect surroundings (c/g), provide safe access and avoid unacceptable road safety effects (h/i), and not harm local amenity or character. Officer found compliance on amenity/design but appeal inspector ruled non-compliance on (h)/(i) due to missing footway/visibility works; prior elements (c/g) satisfied as no overdevelopment or neighbour harm.
Policy O/RES/P/19 of Planning Circular 1/2000
Permits new dwellings in residential areas if fitting density/massing/design/character of adjacent dwellings. Officer and inspector accepted principle via prior approval and varied context (mix of storey heights).
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 1017/PL001 date stamped the 3rd March 2011.
Approved for planning purposes only
No objection subject to conditions on sewer connection and surface water disposal
Statutory consultees Manx Electricity Authority and Drainage Division raised no objections subject to conditions on electricity supply contact and sewer connections; Onchan District Commissioners supported the application; a neighbour objected on grounds of plot size, privacy, highway safety, and covenants.
Key concern: Deed of Covenant limiting development to 4 properties and threat of enforcement action
Manx Electricity Authority
Conditional 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; Contact our Network Operations Department... to discuss working practices around Cables and Overhead Lines; Contact the M.E.A. for Electrical Site Safety 5 documents... before any work is carried out on site
Drainage Division, Isle of Man Water and Sewerage Authority
Conditional No ObjectionNo Objection: - subject to the following conditions; It is a legal requirement under the Sewerage Act 1999 that the Authority be advised, in advance, of the date of the connection of each dwelling to the public sewer(s)
Conditions requested: The proposed development must be connected to the public sewer(s) in a manner acceptable to the Isle of Man Water & Sewerage Authority and on terms and conditions, which must be agreed with the Authority prior to the commencement of any building works; 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); The drainage layout and connection points to the public foul system must be agreed with the Authority prior to any work commencing on site
Onchan District Commissioners
SupportThe Commissioners recommend that the application be APPROVED for planning purposes only
AJ & SJ Edwards
ObjectionThis would be extremely unfair; The proposed new large detached houses at 41 Groudle Road would therefore be on significantly narrower plots than those of the semi-detached bungalows opposite; Should an application for two properties proceed through final planning approval we will instruct our Advocates to commence enforcement action
The original application 11/00292/B for erection of two dwellings with associated parking at 41 Groudle Road was approved by the planning authority but appealed by neighbouring residents Mr and Mrs Edwards, who raised concerns over inaccurate plans, loss of light/privacy, over-development, inconsistency with prior decisions, and highway safety. The appellants argued the narrow plots would create unacceptable massing, sunlight loss to their property, and overlooking, while citing previous planning history. The planning authority and applicant defended the scheme as compliant with residential zoning policies, not overbearing, and with acceptable highway impacts subject to conditions. The inspector found no significant harm to character/appearance or neighbouring amenity but identified decisive harm to traffic/pedestrian safety from lack of footway and visibility splays on the site frontage, which could not be conditioned for a full approval. The appeal was allowed, overturning the approval and refusing planning permission.
Precedent Value
This appeal sets precedent that full detailed applications must include resolved highway details like footways/visibility splays upfront, especially where prior approvals in principle allowed conditions; future applicants must secure Highways agreement pre-submission to avoid overturn on safety grounds.
Inspector: Stephen Amos MA(Cantab) MCD MRTPI
