7 September 2006 · Minister for Local Government and the Environment
The Warehouse Bargrill, Harbour Road, Onchan, Isle Of Man, IM3 1bg
The proposal involved demolishing the former Follies Cabaret Restaurant (also known as Warehouse Grill/Howstrake Hotel) on a 0.44ha sloping brownfield site on Harbour Road, Onchan, and erecting four detached blocks: two 2-storey blocks (4 apartments each), one 2-storey block with basement parking (6 apartments), and on…
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The Minister followed the independent Inspector's report after a public inquiry into a third-party appeal against the Planning Committee's approval.
Policy O/RES/P/19 of Planning Circular 1/2000
Requires new residential to fit with density, massing, design and character of existing adjacent dwellings. Officer found proposal acceptable after revisions reduced scale/height/repositioned buildings to create suitable relationships via position, orientation, distance, levels and tree screening. Inspector disagreed, finding ongoing overbearing/overlooking harms amenity, high density (61/ha) poor layout contrary to policy thrust.
Onchan Local Plan 2000 Policy O/RES/P/20
Requires at least 3 spaces per dwelling. 40 spaces provided (below standard) but officer accepted lower rate for sheltered housing (lower car ownership) relying on Highways no-objection; Inspector noted low provision but did not cite as refusal reason.
Supports the proposal
Recommend approval
Do not oppose
General comment - no objection
General comment - no objection
General comment - no objection
General comment - no objection
Statutory consultees including IoM Water Authority, Manx Electricity Authority, and Disability Access Office raised no objections but requested standard conditions for utility connections, site safety, and accessibility requirements; numerous public representations objected on grounds of privacy loss, overbearing impact, and incompatibility with the area.
IoM Water Authority
Conditional No ObjectionThe 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 to ensure that a connection is obtained for water supply purposes
Conditions requested: a condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws; For connections to Flats and Apartments the following apply - 'Water Supply To Flats And Apartments – Regulations', and if applicable a 'Form Of Undertaking In Respect Of Supply Pipes' will be required
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application
Conditions requested: the applicant must contact the Authority; Contact Anthony Kinrade or Ian Horsey, Operations and Maintenance Dept, Network Services, Manx Electricity Authority, (Tel. 687705) to discuss working practices around Cables and Overhead Lines; Contact the M.E.A. for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application
Disability Access Office
Conditional No ObjectionApartment blocks should meet the following requirements.
Conditions requested: Where parking is provided, which includes provision for visitors then five percent of unassigned spaces should be designated for disabled parking; The ground or primary entrance level should include at least one entrance that is accessible to an unassisted wheelchair user; Any sanitary facilities provided which are accessible to the public should include a disabled toilet; All public corridors should be of sufficient width and free from obstruction as to allow a wheelchair user to pass other users of the corridor; The primary entrance to all apartments should be of sufficient width as to be accessible by an unassisted wheelchair user; Where apartments and/or parking are provided over more than one level then a lift should be provided of sufficient dimensions as to allow an unassisted wheelchair user to enter, turn around and use the controls
The original application PA 06/00960/B for redevelopment of the former Follies Cabaret Restaurant site with 26 sheltered housing apartments was approved by the Onchan Planning Committee despite prior refusal of a similar scheme (PA 06/00057/B) on amenity grounds. The appellant residents argued the revised scheme failed to address previous refusal reasons, causing overbearing impacts, overlooking, privacy loss, and inadequate parking. The applicant contended revisions like reduced heights, repositioning, and balcony removal overcame prior issues, supported by officer recommendation and no statutory objections. The Inspector found the design and layout unsatisfactory, particularly the 6-apartment and main blocks' adverse effects on privacy and overbearance to nearby dwellings like 11 Kirkway, 7-9 Kirkway, and 18 Furman Close, despite improvements over the refused scheme. Density was high but secondary to amenity harms; the residential principle was accepted despite tourism zoning. The appeal was allowed, reversing the approval.
Precedent Value
This appeal shows that even officer/Committee-approved revisions may fail on third-party appeal if inspector finds residual overlooking/overbearing harms; applicants must ensure all living windows avoid direct views into neighbours' private spaces and rigorously model relative heights/levels. Conditions controlling floor levels and age restriction could mitigate if resubmitted.
Inspector: John S Turner
