29 March 2022 · Planning Committee
J B A Ltd, Stanley House, Second Avenue, Onchan, Isle Of Man, IM3 4lt
The proposal involves converting a single-storey 1960s/70s bungalow-style former office building into five two-bedroom flats, each with an open-plan living/kitchen area, bathroom, altered front and rear windows, a new bin store on the southern boundary, bicycle shed on the eastern boundary, and landscaping/hedge planti…
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The officer concluded that the principle of residential use is acceptable in the site's 'Predominantly Residential Use' zoning within Comprehensive Treatment Area 5 of the Area Plan for the East 2020,…
General Policy 2
Requires development to respect site/surroundings, provide satisfactory amenity standards including parking/access, and not adversely affect amenity or road safety. Officer assessed parking usability, visibility splays, outlooks, and street scene as compliant despite relaxations, overcoming prior refusal on amenity and parking grounds.
Housing Policy 17
Permits flat conversions in residential areas if adequate space for parking/refuse/amenity and pleasant clear outlook from principal rooms. Amended scheme provides landscaping for front outlooks (especially plots 3-5), bin/cycle stores, and reasonable separation for others, addressing prior refusal for inadequate outlook.
Transport Policy 7
Requires parking per current standards (two spaces per dwelling). Relaxed to one space plus bikes due to sustainable location, parking survey evidence of no on-street impact, and reduced traffic vs prior use; bay length (5.5m) accepted despite 6m preference.
Housing Policy 4
Permits new housing in towns/villages or per Area Plan. Site in Onchan Village and Comprehensive Treatment Area 5 supports residential redevelopment.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Landscaping scheme
No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting (including tree planting) showing, type, size and position of each. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted.
Parking and turning areas
The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
No extensions or alterations
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.
No forward enclosures
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department.
Refuse store
Prior to the occupation of the development hereby approved, the refuse store(s) shall be provided in accordance with the approved plans and shall be permanently retained thereafter and solely for the purpose of refuse storage.
Secure cycle store
Prior to the occupation of the development hereby approved, the secure cycle store(s) shall be provided in accordance with the approved plans and shall be permanently retained thereafter and solely for the purpose of cycle storage.
accept the relaxation of parking requirement to one space per dwelling given bicycle provision, proximity to amenities and bus, and acceptable visibility; request parking bay revision to 6m length
Highways requests revisions to parking bay dimensions but accepts visibility and access arrangements; DEFA Forestry objects due to overbearing trees impacting residential amenity; Onchan Commissioners recommend refusal due to inadequate parking and highway impacts on neighbours.
Key concern: overbearing trees impacting residential amenity and likely future removal pressure
Department of Infrastructure Highways Development Control
Conditional No ObjectionHighway Services request the revision of altering the parking bay size to a minimum of 6m in length to allow for safe and convenient manoeuvring.; Recommendation: Request additional information/revisions.; The use and arrangements of the existing access is acceptable to Highways.
Conditions requested: revision of altering the parking bay size to a minimum of 6m in length to allow for safe and convenient manoeuvring
DEFA Agriculture and Lands Directorate
Objectionthe trees to the west of the building are likely to be viewed as ‘overbearing’ if this building was converted to a residential use.; the Directorate is left with no option but to object to the application.; If the application is approved in spite of this objection, I would recommend that tree-related conditions are not required.
Conditions requested: if approved, tree-related conditions are not required; tree protection plan not necessary
Onchan District Commissioners
ObjectionThe Commissioners recommend that the application be REFUSED on the grounds that:- "There is inadequate parking provision and the negative impact on the neighbouring properties due to highway constraints."
The original application 22/00155/B for conversion of a former office building into 5 two-bedroom residential units with reduced parking (1 space per unit plus cycle storage) was recommended for approval by the Principal Planner despite local objections, and permitted by the Planning Committee on 28 March 2022. Onchan District Commissioners appealed on grounds of inadequate parking provision contrary to Transport Policy 7 and highway constraints in Comprehensive Treatment Area 5. The appellant provided parking photos and cited precedents requiring 2 spaces per unit. The Planning Authority defended the approval citing site sustainability, parking survey evidence, Highway Services acceptance of relaxed standards, and compliance with policies. The inspector, after site visit and inquiry (appellant absent), found reduced parking justified due to location near bus/services, available on-street spaces, prior commercial use generating more traffic, and policy allowances for redundant buildings; appeal dismissed on 23 September 2022.
Precedent Value
Demonstrates inspectors will relax TP7 parking standards for conversions in sustainable locations with evidence of available on-street capacity, cycle provision, and lower traffic generation than prior use, prioritising redundant building reuse over strict numerical compliance. Applicants should provide robust multi-day surveys and secure Highway Services support.
Inspector: Richard Perrins
