8 October 2008 · Director of Planning and Building Control (delegated under Article 3(13) of the Town and Country (Development Procedure) Order 2005)
The Warehouse Bargrill, Harbour Road, Onchan, Isle Of Man, IM3 1bg
The proposal involves three buildings: a two-storey entrance block with 10 apartments, basement parking, warden's apartment and communal facilities along Harbour Road; a single-storey block with two apartments; and a three-storey main block with 12 apartments at the site's rear.
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The officer assessed the principle of residential redevelopment as acceptable on brownfield urban land despite tourist/leisure zoning, supported by prior inspectors' views that zoning reflected past u…
Policy O/RES/P/19 of Planning Circular 1/2000
Requires new residential to fit density/massing/design/character of adjacent dwellings. Officer assessed scale/layout/sections show suitable relationships to neighbours despite higher density; changes from prior schemes (e.g. window removal, height reduction) ensure compliance.
Onchan Local Plan 2000 Policy O/RES/P/20
Requires 3 spaces/dwelling. Sheltered housing given lower standard (Strategic Plan App7: 1/3); 38 spaces for 25 units exceeds, approved.
General Policy 3
Permits development on previously-developed land where redundant/reduces landscape impact. Brownfield ex-restaurant site in urban area; redevelopment improves over past nuisance use.
Transport Policy 7
Requires parking per standards. 38 spaces (inc. 7 disabled) meets DoT advice (1/resident + 1/2 visitors); vision splays provided.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to drawing no.s K161/P/10-01, K161/P/10-02, K161/P/10-03, K161/P/10-04, K161/P/10-05, K161/P/10-06, K161/P/10-07, K161/P/10-08, K161/P/10-09, K161/P/10-10, K161/P/11-01, K161/P/11-02, K161/P/11-03, K161/P/12-01, K161/P/12-02 and K161/P/12-03 date stamped the 1st May 2008.
Landscaping scheme
Prior to the commencement of development a landscaping scheme that details all planting and trees to be planted must be submitted to and agreed by the Planning Authority. All planting comprised within the agreed scheme must be carried out in the first planting season following the completion of the development or the occupation of the dwellings, whichever is the sooner. If within a period of five years from the date of the planting of any tree that tree (or any tree planted in replacement for it) is removed, uprooted, destroyed, dies, seriously damaged or becomes defective another tree of the same species and size as that originally planted shall be planted at the same place, unless the Planning Authority gives its written consent to any variation.
Car parking provision
Prior to the occupation of any of the apartments the car parking spaces, as shown on drawing no.s K161/P/10-04 and K161/P/10-07 date stamped the 1st May 2008, must be set out and capable of use to the satisfaction of the Planning Authority. A minimum of one car parking space must be specifically designated to each apartment.
Occupancy restriction
With the exception of the warden's apartment, the occupation of the apartments hereby permitted by this approval shall be occupied by persons aged fifty or over and/or persons registered disabled. In respect of occupation by persons registered disabled it is permissible for any associated spouse, dependent or carer to occupy the apartment without restriction on their age or ability.
approved; nothing further to add/detract from initial support
do not oppose
No statutory consultee responses objecting to application 08/00909/B; utilities bodies request standard contact for services; local authority supports affordable housing commuted sum; Onchan Commissioners support approval; multiple local residents object on amenity grounds.
Manx Electricity Authority
No ObjectionThere are Underground Cables/Overhead Lines present in the area; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.; NOTE 1 & 2
Conditions requested: applicant must contact the Authority
IoM Water Authority
No ObjectionSee Notes (1) & (4); For connections to Flats and Apartments the following apply – “Water Supply To Flats And Apartments – Regulations”
Conditions requested: applicant must contact the Authority to ensure that a connection is obtained for water supply purposes
Estates and Housing Directorate
Conditional No ObjectionA commuted sum should therefore be provided in respect of 24 x 25% = 6 units of accommodation and if planning approval is granted there should be a condition for the applicant to enter into a Section 13 Agreement
Conditions requested: condition for the applicant to enter into a Section 13 Agreement with the Department; A commuted sum should therefore be provided in respect of 24 x 25% = 6 units of accommodation
Onchan District Commissioners
SupportThe Commissioners have nothing further to add or detract from their views made at the initial stage that the application be approved.
The site has a history of applications for sheltered housing, with earlier schemes (PA06/00057/B refused, PA06/00960/B and PA07/00883/B approved by Committee but overturned on third-party appeals due to residential amenity impacts). PA08/00909/B was approved by Planning Committee on 24th July 2008 subject to conditions and legal agreement for affordable housing. Third parties appealed the grant citing overbearing impact, privacy loss, and incongruous design. Appellant's proof of evidence by David R Kay details iterative design changes addressing prior inspectors' concerns on window separation (<21m), balconies, heights, and overlooking to properties in Marine View Close, Kirkway, and Furman Close. Planning Authority supports approval, confirming principle of residential use on brownfield site acceptable despite tourism zoning, with changes mitigating amenity impacts. No inspector's decision on this appeal in documents.
Precedent Value
Demonstrates value of multiple design iterations addressing precise inspector distances/concerns; <21m separation risky even without direct living room overlooking; third-party appeals succeed on amenity if potential perceived overlooking exists; brownfield residential can override tourism zoning if surrounded by housing.
