9 March 2006 · Delegated - Director of Planning and Building Control (M. I. McCauley)
Highfield, Stoney Road, Laxey, Isle Of Man, IM4 7nb
The proposal involved demolishing an existing garage and erecting a new double garage with rendered walls painted to match the house and a pitched slate roof, within the curtilage of the detached dwelling Highfield.
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The officer assessed the proposal on its merits despite neighbour ill-feeling, noting 'as a garage is a domestic form of development I believe that it is not unreasonable for someone to seek approval …
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. 1.7059-102-00 and 2.7059-101-00 date stamped the 22nd November 2005.
Turning feature
Prior to the commencement of development a drawing detailing a turning feature, which allows a vehicle to turn within and leave the application site in a forward gear, must be submitted to and agreed by the Planning Authority. Thereafter, prior to the use of the garage the agreed turning feature must be constructed and capable of use to the satisfaction of the Planning Authority.
Domestic use only
The garage must only be used for the storage of domestic vehicles or other domestic storage in association with the domestic enjoyment of adjacent dwelling, known as Highfield. For the avoidance of doubt no approval is granted or should be conferred by this approval for the use of the garage for the storage of commercial vehicles or commercial equipment.
Surface water disposal
There must be no discharge of surface water to the main foul sewer.
Public sewer protection
Public sewerage crosses the site. The line of the sewer(s) must be identified before development works commences. The sewer(s) must be fully protected whilst all building works are being carried out. No part of the proposed development may be constructed, nor any trees may be planted within three metres of any public sewer either at the time of construction or at any time in the future.
no objections
no adverse traffic impacts subject to turning feature condition
no objection subject to no surface water to foul sewer and sewer protection
Statutory consultees Drainage Division, Highways Division, and Laxey Village Commissioners raised no objections subject to specific drainage and access conditions, while local residents Martyn Perkins and Simon/Norma Richardson objected strongly on heritage, conservation, overdevelopment, and highway safety grounds in representations and appeals.
Key concern: Public sewer crosses site requiring protection and 3m clearance
Drainage Division, Department of Transport
Conditional No ObjectionNo Objection In principle subject to:; These comments could be incorporated in the approval notice
Conditions requested: 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) so as to comply with the requirements of the Department of Transport Drainage Division and the Sewerage Act 1999; The use of soakaways are subject to Building Control approval and if this approval is not granted, the Drainage Division would not give permission for the discharge of surface water into the existing foul system and an alternative means of disposal would have to be sought; The line of the sewer(s) must be identified before development work commences. The sewer(s) must be fully protected whilst all building works are being carried out. No part of the proposed development may be constructed, nor any trees planted, within three metres of any public sewer either at the time of construction or at any time in the future
Highways Division, Department of Transport
Conditional No ObjectionNo adverse traffic impacts subject to the imposition of the following condition(s):; In the interests of road safety
Conditions requested: The access drive arrangements shall comprise a turning feature to permit a motor car to turn round within the site, so that the vehicle can emerge from the site in forward gear
Laxey Village Commissioners
No ObjectionThe Board considered this application at their meeting on the 7th December and have no objections to this application
The original application (05/92217/B) for a replacement garage was permitted by the Planning Committee on 06.03.2006 with conditions restricting use to domestic purposes and requiring a turning area. Neighbours Martyn Perkins and Simon & Norma Richardson appealed, arguing over-intensive use, harm to the adjacent Laxey Conservation Area, highway dangers, and fears of commercial misuse as a builder's yard or Trojan Horse for other developments. The applicant justified the need due to flooding issues and domestic car storage, while the Council defended the approval citing residential suitability and appropriate conditions. The inspector concluded the garage would not look out of place, access use would not intensify, and commercial concerns were irrelevant as no such permission was sought. Appeals were dismissed, upholding the Committee's decision.
Precedent Value
This appeal shows that third-party challenges to ancillary residential developments like garages fail when conditions tightly control use and no material intensification occurs, even near Conservation Areas. Applicants should prioritise matching existing architecture and documenting genuine domestic needs; neighbours' speculative commercial fears carry little weight without enforcement evidence.
Inspector: Michael Hurley
