1 September 2004 · Inspector Michael Hurley (appeal decision)
4, Erin Crescent, Port Erin, Isle Of Man, IM9 6fd
The proposal involves building a detached double garage with a flat roof in the rear garden of a semi-detached bungalow on a new residential estate, measuring 6m x 6m and 2.6m high, set back 1.5m from the rear boundary fence.
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The Inspector concluded the garage complies with Permitted Development Order size/location except for the withdrawn rights via prior condition on estate approval PA 01/1721.
Permitted Development Order
Garage size/location complies with PDO except rights withdrawn by condition 14 on prior estate approval PA 01/1721 (applied to terraced plots but affected this site). Flat roof responds to neighbour concerns; standard ancillary domestic building typical in residential areas.
Time limit
The development must begin before the expiration of 4 years from the date of the appeal decision.
Multiple neighbour objections and Port Erin Commissioners oppose the erection of a detached flat roofed double garage due to visual impact, overbearing nature, and drainage concerns; Heritage Homes supports the application as compliant with Permitted Development Order standards.
Key concern: obtrusive, overbearing and un-neighbourly development due to size and rear location
Port Erin Commissioners
ObjectionMembers feel the size of the proposed garage is excessive and as such would be intrusive in such a location and would constitute un-neighbourly development.
Heritage Homes
SupportThe garage as now proposed is of a standard size – its floor area of 6m by 6m is that usually allowed under the provisions of the Permitted Development Order; the location to the rear of the dwelling is not unusual, again being in accordance with the PDO; There is a gap of 1.5 metres between the garage and the rear boundary fence
The site is allocated for residential use in the Port Erin Local Plan with prior approval for 42 dwellings. Applications proposed 82 dwellings across 01/1720 and 01/1721 plus 2 in 01/1722; Planning Committee granted most but refused 17 terraced houses in 01/1721 due to high density and amenity impacts. Objectors and some appellants argued overdevelopment, inadequate open space, drainage/flooding risks, traffic issues, and lack of 'soft edge' to countryside. Appellant Heritage Homes presented evidence on density (7.5 dpa acceptable), drainage (1 in 100 year retention agreed by DOT), traffic surveys showing capacity, and amenity separations. Inspector found density and layout acceptable, drainage satisfactory, traffic impacts negligible, and boundary treatment adequate, allowing the refused terraced houses while upholding other grants with conditions.
Precedent Value
Demonstrates technical evidence trumps local concerns if within capacity; density up to 7.5 dpa acceptable on allocated sites with adequate private amenity; 'soft edge' not required by general policy if planting/separation provided.
