19 May 2006 · Minister for Local Government and the Environment following appeal inspector report
41, Groudle Road, Onchan, Isle Of Man, IM3 2ef
The application sought approval in principle to demolish an existing part dormer bungalow and part flat-roofed two-storey house and replace it with two detached dwellings on the site. The site is in a residential area of Onchan with surrounding detached houses, bungalows, and a block of two-storey flats to the east.
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The independent inspector assessed key issues of over-development, privacy/amenities, road safety, and tree protection. On over-development, the average depth and width of the two plots were similar t…
Time limit and reserved matters
This approval is in principle only and will remain valid for a period of two years. No development may take place until details of reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) approved by Planning Authority via single application.
Approved plans
This approval relates to the erection of two detached dwellings on the land defined by the red line as shown on drawing no. 0329/PL02 date-stamped 18th January 2006.
Building line
The position of the two dwellings must take account of the natural building line that occurs between the two properties to the east and west of the application site.
Separate accesses
Each dwelling must have its own means of access onto Groudle Road.
Turning facilities
The access arrangements of each dwelling must include the facility to allow a vehicle to turn within the site so that it can exit in forward gear.
Sightlines
Details submitted for reserved matters shall indicate removal of existing obstruction to right hand sightline and setting back site frontage to align with no.39 Groudle Road. Sightline to be formed prior to other development and permanently retained.
Landscaping and tree survey
Landscaping details to include survey of existing trees/vegetation, those to retain/lop/top/remove, and new planting. Planting to be carried out first season after commencement.
Approve subject to dwellings similar in style to existing properties in Groudle Road
no objection provided detailed siting/design respects surroundings including privacy/outlook
support as windfall development on established residential site
Private neighbours submitted multiple objections citing overcrowding, loss of privacy, highway safety risks, tree removal concerns, and a restrictive Deed of Covenant, while Onchan District Commissioners supported the application subject to design conditions, and one individual supported it as a windfall development.
Key concern: Deed of Covenant limiting original plot to four dwellings
Onchan District Commissioners
Conditional No ObjectionThe Commissioners would recommend that the application be APPROVED for planning purposes subject to the following conditions:- "That the detailed submission provides dwellings similar in style to the existing properties in Groudle Road."
Conditions requested: That the detailed submission provides dwellings similar in style to the existing properties in Groudle Road
Andrew Jessopp
SupportThe site has established residential use. The creation of an additional dwelling is a windfall and as such I support the application.
AJ & SJ Edwards
ObjectionThe division of the one existing plot, to create two new ones, would create an impression of overcrowding that would be detrimental to the appearance of the area.; We believe that any building approvals for number 41 should make it clear that no tree clearance will be permitted.; Given the general lack of concern shown to neighbours so far we would request that stringent conditions are placed on the state of the site during any development.
Conditions requested: no tree clearance permitted; stringent conditions on state of site during development
Ray Corkhill Services (representing Mr & Mrs Walshe)
Conditional No Objectionthey do not object to the approval granted, to this application, provided that the reserved matters condition is honoured and that the detailed siting and design gives respect to the surrounding environment, including the privacy and outlook of their property.
Conditions requested: reserved matters condition is honoured and that the detailed siting and design gives respect to the surrounding environment, including the privacy and outlook of their property
Mr M Walshe
Conditional No ObjectionWe would hope that these proposed detached dwellings would be one storey and not out of place with nearby dwellings on Groudle Road.
Conditions requested: proposed detached dwellings would be one storey and not out of place with nearby dwellings on Groudle Road
The Planning Committee granted approval in principle (15.05.2006) for MP Associates (agents for Forest Homes) to demolish the existing dwelling at 41 Groudle Road and erect two detached dwellings. Neighbouring residents Mr and Mrs A Edwards (39 Groudle Road) lodged a third-party appeal (AP06/0133) objecting to overdevelopment, privacy loss, road safety hazards, and tree loss. The applicant and authority argued the site could accommodate two comparable dwellings without adverse impacts, with details controlled via reserved matters. The inspector assessed four main issues—overdevelopment, privacy/amenities, road safety, and trees—finding no significant harm and recommending the appeal fail. The approval was upheld subject to varied conditions addressing sightlines, access, building line, and landscaping/tree survey.
Precedent Value
This appeal shows third-party challenges to infill development in residential areas succeed only with strong evidence of harm; inspectors prioritise objective plot comparisons and condition controls over neighbour perceptions. Future objectors should focus on measurable impacts, while applicants benefit from demonstrating compatibility via site plans.
Inspector: G Farrington
