06/00960/BApproved

7 September 2006 · Minister for Local Government and the Environment

Re-development of site to provide 26 private sheltered housing apartments with warden, ancillary accommodation and associated parking

The Warehouse Bargrill, Harbour Road, Onchan, Isle Of Man, IM3 1bg

This decision was appealedAP06/0240

Appeal dismissed

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Received8 Jun 2006

Validated8 Jun 2006

Committee31 Aug 2006

Decided7 Sept 2006

3 months

Received8 Jun 2006

Validated8 Jun 2006

Committee31 Aug 2006

Decided7 Sept 2006

3 months

Why was this approved?

Overlooking and overbearing impact on 11 Kirkway from 6-apartment block
Overlooking from main block's living rooms/balconies to 8/9 Kirkway
Elevated overlooking to 18 Furman Close
Excessive density and poor layout/design
Failure to fully address prior refusal reasons
Non-compliance with O/RES/P/19 on amenity/character

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…

Refusal Reasons

✗The proposed 6-apartment block would have an unacceptable impact on the residential amenity of 11 Kirkway by virtue of overlooking and its overbearing nature.
✗The main block at the rear of the site would adversely affect the living environment of the residents of 8 and 9 Kirkway by virtue of the proximity of the first-floor living-room windows and balconies; and of the residents of 18 Furman Close by virtue of overlooking from the elevated living-room windows.

Documents (27)

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Decision & Reasoning

Approved7 September 2006

The Minister followed the independent Inspector's report after a public inquiry into a third-party appeal against the Planning Committee's approval.

Policies Assessed (2)

O/RES/P/19

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.

O/RES/P/20

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.

Public Comments (13)

SupportPMCS Seacliffe Old Castletown Road Ballaveare(public)

Supports the proposal

SupportOnchan Commissioners(parish)

Recommend approval

SupportHighways Division(statutory consultee)

Do not oppose

SupportIOM Water Authority(statutory consultee)

General comment - no objection

SupportChief Fire Officer(statutory consultee)

General comment - no objection

SupportManx Electricity Authority(statutory consultee)

General comment - no objection

SupportDisability Access Officer(statutory consultee)

General comment - no objection

Objection7 Kirkway Onchan Isle Of Man (Mr Brian Jones)(neighbour)

Objection18 Furman Close Onchan Isle Of Man IM3 1BT (Mr D Bain)(neighbour)

Objection11 Kirkway Onchan Isle Of Man (Mrs J J Orton)(neighbour)

Objection2 Marine View Close Onchan Isle Of Man IM3 1BQ (Mr S Hampson)(neighbour)

Objection3 Marine View Close Onchan Isle Of Man IM3 1BQ (Mr & Mrs Corkish)(neighbour)

Objection4 Marine View Close Onchan Isle Of Man IM3 1BQ (Mr & Mrs Buttell)(neighbour)

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People

Anthony Holmes

Case Officer

Howstrake Developments Ltd

Applicant

Kay Associates Ltd

Agent

Key Information

Reference: 06/00960/B
Decision: Approved
Date: 7 September 2006
Parish: Onchan
Property: 🏢 Commercial
Year: 2006
Type: Full Planning Application
Category: Mixed / Use
Scale: moderate

Property Details

Property Type: mixed
Proposal Type: new build
Context: suburban

Property Planning History (16)

13/00575/BApproved2013

Erection of sixteen dwellings with associated infrastructure including roads and drainage

12/00384/BWithdrawn2012

Erection of seven detached dwellings with associated access road

09/02055/BApproved2009

Erection of a replacement Sub Station

AP08/0215Approved2008

Appeal against approval for re-development of site to provide twenty four sheltered housing apartments, wardens apartment and ancillary accommodation

08/00909/BApproved2008

Re-development of site to provide twenty four sheltered housing apartments, wardens apartment and ancillary accommodation

07/00883/BApproved2007

Re-development of site to form 22 sheltered housing apartments with wardens and ancillary accommodation

AP06/0240Refused2006

Appeal against approval for Re-development of site to provide 26 private sheltered housing apartments with warden, ancillary accommodation and associated parking

06/00960/BApproved2006Viewing

Re-development of site to provide 26 private sheltered housing apartments with warden, ancillary accommodation and associated parking

06/00057/BRefused2006

Re-development of site to erect four apartment blocks to provide 30 private sheltered housing apartments with wardens and ancillary accommodation and associated parking

04/02324/RApproved2004

Retrospective application for the erection of external patio area to create external eating and drinks area

Why was this approved?

Overlooking and overbearing impact on 11 Kirkway from 6-apartment block

Overlooking from main block's living rooms/balconies to 8/9 Kirkway

Elevated overlooking to 18 Furman Close

Excessive density and poor layout/design

Failure to fully address prior refusal reasons

Non-compliance with O/RES/P/19 on amenity/character

Refusal Reasons

✗The proposed 6-apartment block would have an unacceptable impact on the residential amenity of 11 Kirkway by virtue of overlooking and its overbearing nature.
✗The main block at the rear of the site would adversely affect the living environment of the residents of 8 and 9 Kirkway by virtue of the proximity of the first-floor living-room windows and balconies; and of the residents of 18 Furman Close by virtue of overlooking from the elevated living-room windows.

Policies Assessed (2)

O/RES/P/19

Policy O/RES/P/19 of Planning Circular 1/2000

O/RES/P/20

Onchan Local Plan 2000 Policy O/RES/P/20

Public Comments (13)

SupportPMCS Seacliffe Old Castletown Road Ballaveare(public)

Supports the proposal

SupportOnchan Commissioners(parish)

Recommend approval

SupportHighways Division(statutory consultee)

Do not oppose

SupportIOM Water Authority(statutory consultee)

General comment - no objection

SupportChief Fire Officer(statutory consultee)

General comment - no objection

SupportManx Electricity Authority(statutory consultee)

General comment - no objection

SupportDisability Access Officer(statutory consultee)

General comment - no objection

Objection7 Kirkway Onchan Isle Of Man (Mr Brian Jones)(neighbour)

Objection18 Furman Close Onchan Isle Of Man IM3 1BT (Mr D Bain)(neighbour)

Objection11 Kirkway Onchan Isle Of Man (Mrs J J Orton)(neighbour)

Objection2 Marine View Close Onchan Isle Of Man IM3 1BQ (Mr S Hampson)(neighbour)

Objection3 Marine View Close Onchan Isle Of Man IM3 1BQ (Mr & Mrs Corkish)(neighbour)

Objection4 Marine View Close Onchan Isle Of Man IM3 1BQ (Mr & Mrs Buttell)(neighbour)