22 November 2007 · Delegated - Director of Planning and Building Control (M. I. McCauley)
9, The Kirkway, Onchan, Isle Of Man, IM3 1bh
The proposal involves converting the integral garage of a detached dwelling into habitable living space by installing windows and altering a side elevation window. The site is in a residential area of Onchan.
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The officer assessed the proposal as relatively modest with limited impact on public and private amenity. Regarding the loss of parking space behind the building line, contrary to Policy O/RES/P/20, i…
Onchan Local Plan 2000 Policy O/RES/P/20
Requires car parking standards of at least three spaces per dwelling, including garage, and states permission will not generally be forthcoming for extensions or conversions resulting in loss of parking behind the building line. Officer assessed that the loss was acceptable due to departmental relaxation of the policy since Planning Circular 1/2000, supported by appeal decisions, and retention of two on-site spaces sufficient for needs.
Policy O/RES/P/21 of the Onchan Local Plan (Planning Circular 1/2000)
Extensions and alterations to existing residential property will generally not be opposed where appropriate in terms of scale, massing, design, appearance and impact on adjacent property. Officer found the proposal satisfied this as the overall level of development is relatively modest with duly limited impact on amenity.
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 SP1, LP1 and FP1 date stamped the 20th September 2007.
no objection
Highways Division does not oppose the application; Onchan District Commissioners recommend refusal due to loss of car parking; Fire and Rescue Service raises fire safety concerns regarding bedroom access.
Key concern: loss of car parking behind the building line contrary to the provisions of the Local Plan
Highways Division
No ObjectionDo not oppose
Onchan District Commissioners
ObjectionThe Commissioners recommend that the application be REFUSED for the following reasons:- “This proposal results in the loss of car parking behind the building line contrary to the provisions of the Local Plan.”
Isle of Man Fire And Rescue Service
The proposed layout is inherently unsafe due to the bedroom discharging in to open plan dining / kitchen.; Therefore the applicant should consult with the Fire Safety Department to discuss possible solutions.
The original application 07/01783/B for conversion of an existing garage into additional living accommodation and window alteration to side elevation at Kia, 9 Kirkway, Onchan was permitted by the planning authority on 22 November 2007. Onchan District Commissioners, aggrieved by the approval, lodged an appeal on 27 November 2007 requesting a hearing. The Department of Local Government and the Environment accepted the appeal on 29 November 2007 and referred it to an independent inspector appointed by the Council of Ministers for written representations, oral hearings, and a report to the Minister. The Planning Appeals Office requested a statement of case from the planning authority by 28 December 2007 and indicated a public inquiry would be scheduled. However, on 14 December 2007, the appellants withdrew the appeal, allowing the original approval decision to stand.
Precedent Value
This case demonstrates that third parties aggrieved by an approval can appeal under Isle of Man procedures, but the process allows withdrawal before determination, reinstating the original permission without setting substantive planning precedent.
