16 February 2007 · Director of Planning and Building Control (M. I. McCauley)
Plot 7, Bay View Road, Onchan, Isle Of Man, IM3 1hx
The proposal involved demolishing an existing garage on a residential plot within the curtilage of 21 Belgravia Road and building a new two-storey dwelling with modern features including a seamed roof, overhanging canopy for shading, stainless steel balcony, copper/zinc panel, and stepped facade parallel to the road.
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The officer noted the dwelling is positioned further forward than No. 5 Bay View Road, so the side balcony overlooks only the front garden already visible from the road, avoiding privacy intrusion.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved drawings
This permission relates to the erection of a dwelling as shown in drawings reference 01 and 02 both received on 6th December, 2006.
Materials approval
Prior to the commencement of works on site, the applicant must have approved by the Planning Authority a sample panel of the external finishes of the dwelling.
No permitted development
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval.)
Do not oppose
no objection, notes on connections
no planning objection, recommends smoke detection
Multiple neighbour objections and Onchan District Commissioners recommend refusal due to design incompatibility, scale, privacy loss, and building line breaches; Highways Division offers conditional no objection; Isle of Man Water Authority requests water connection condition.
Key concern: proposed design is not in keeping with the surrounding units and too large for the plot
Onchan District Commissioners
Objection"The proposed design is not in keeping with the surrounding units, and although it is accepted that there is no standard design of property along the street it is felt that this modern structure would not sit comfortably amid the existing units."; "Additionally it is felt that the unit is too large for the plot creating a cramped appearance, and pushing the front elevation too close to the road."
Highways Division
Conditional No ObjectionDo not oppose subject to the imposition of the following condition:
Conditions requested: Sight lines of 2 metres by 36 metres shall be provided from the new access onto Bay View Road; An on site turning facility shall be provided such that vehicles may exit the site in forward gear
Isle of Man Water Authority
Conditional No ObjectionSee Note (2) For single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49
Conditions requested: 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 single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49
The original planning application (06/02106/B) for demolition of a garage and erection of a two-storey dwelling was approved by the Department of Local Government and the Environment (case officer Sarah Corlett). Onchan District Commissioners, Brenda and David Quayle (No 5 Bay View Road), and Mr and Mrs Clucas (No 9 Bay View Road) appealed, arguing the design was out of character, too large and cramped for the plot, breached building lines and covenants, and harmed neighbour privacy via overlooking from balconies, terraces, and staircases. The applicant (Mr B Douglas, agent Cornerstone Architects) and planning authority defended the modern design as appropriate given varied street styles, prior approval in principle, minimal privacy impact, and irrelevance of private covenants to planning. Inspector Michael Hurley found the house similar in height, scale and massing to neighbours, not cramped, introducing beneficial interest to the street scene without serious privacy loss in this urban residential area, and dismissed all appeals. No specific planning policies regulated design here, and covenants were not material planning considerations.
Precedent Value
This appeal confirms modern designs can be approved in varied street scenes without matching vernacular, covenants are non-material, and minor overlooking tolerated in urban residential areas. Applicants should secure AIP first and emphasise scale compatibility over stylistic matching.
Inspector: Michael Hurley