11 December 2006 · Director of Planning and Building Control (delegated under Article 3(13) of the Town and Country (Development Procedure) Order 2005)
Site Of 3, King Edward Road, Onchan, Isle Of Man, IM3 2ja
The site is an end-terrace three-storey property in a predominantly residential area of Onchan, previously subject to refusals for similar schemes creating three or four apartments due to overdevelopment, poor outlook for units, harm to neighbour amenity, and inadequate parking/access.
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The officer noted two prior refusals on appeal (04/00923/B for four apartments refused due to overdevelopment, neighbour harm, inadequate parking/access; 05/01307/B for three apartments refused for po…
Policy O/RES/P/21 of the Onchan Local Plan (Planning Circular 1/2000)
Policy supports extensions/alterations to residential property if appropriate in scale, massing, design, appearance and impact on adjacent property. Officer assessed proposal as compliant due to reduced scale, retention of existing envelope, and no significant amenity harm.
Planning Circular 2/88 - The Conversion of Buildings into Flats
Requires acceptable outlook from principal rooms. Prior refusal cited poor lounge outlook in rear apartment; current scheme relocates living area to first floor with acceptable outlook, overcoming prior concerns.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved drawings
This approval relates to drawing no.s P01, P-02 rev. C, P-03 rev. C and P-04 rev. C date stamped the 7th September 2006.
Parking pre-occupation
Prior to the occupation of any of the apartments the car parking and pull in facility must be set out in accordance with drawing no. P-03 rev. C date stamped the 7th September 2006 and be capable of use.
Recommend approval for planning purposes only
Do not oppose subject to condition widening lane to 4.1m for 6m from MER crossing (not imposed)
Request informative note on flats/apartments water supply regulations
Request informative note to contact for electrical supply
Requests accessible design features for apartments/blocks (noted but no condition)
No objections subject to fire precautions consultation (from history)
Manx Electricity Authority and IoM Water Authority both request contact for utilities connections with no objection; Disability Access Office provides access requirements; Onchan Commissioners recommend approval; neighbours split with one support (with conditions) and one objection on parking/traffic.
Manx Electricity Authority
Conditional No ObjectionSee Note 2; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.
Conditions requested: a condition of planning be that the applicant must contact the Authority; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application
IoM Water Authority
Conditional No ObjectionSee Note (4); Note (4) 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. Copies of these documents can be obtained from the IoMWA or alternatively by contacting the IoMWA Byelaws Inspector (Michael Karran), tel. 69 59 57
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; 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
Disability Access Office
No CommentApartment 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
Onchan District Commissioners
SupportThe Commissioners would recommend that the application be APPROVED for planning purposes only.
The first appeal (2417) challenged the Planning Committee's approval of 4 apartments after demolition and rebuilding of the rear extension; third-party appellants (neighbours at No.5) argued overdevelopment, light loss, and parking issues. The inspector found inadequate parking/access in a narrow lane and significant amenity harm to No.5 from the taller/deeper extension, recommending refusal which was upheld. The second appeal (06/0009) followed refusal of a revised 3-apartment scheme; appellants argued reduced scale addressed prior concerns, but the inspector reiterated access/parking inadequacies and amenity harm to No.5 plus poor living conditions for one apartment per Circular 2/88, recommending dismissal. Both appeals failed, maintaining refusal of residential conversion beyond the existing dwelling.
Precedent Value
Demonstrates strict enforcement of parking/access standards in constrained urban lanes and protection of neighbour amenities from rear extensions; applicants must provide material changes (e.g., proven additional parking, reduced bulk) and evidence to overturn prior refusals, not just promises.
Inspector: David G Hollis (2417); John S Turner (06/0009)
