28 November 2008 · Acting Senior Planning Officer under delegated authority
Plot 7, Bay View Road, Onchan, Isle Of Man, IM3 1hx
The proposal was for amendments to an existing approval for a two-storey dwelling on a vacant plot previously occupied by a garage, including reductions to the projection of a first-floor bay window and associated roofline. The site is in a residential area of Onchan with neighbouring two-storey houses.
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The proposed dwelling is a revision of the dwelling with extant planning approval under 06/02106/B, with amendments that reduce the extent of projection of a first floor bay window and the associated …
Policy O/RES/P/1
Permits new residential properties in designated residential areas where they fit with density, massing, design and character of existing adjacent dwellings. Officer assessed the amended proposal as fitting due to precedent of prior approval on same site.
General Policy 2
Requires development in accordance with zoning, respecting site/surroundings in siting, layout, scale, form, design; no adverse amenity or highway impacts. Proposal met criteria as it mirrored approved scheme with no change in impacts.
Housing Policy 4
New housing primarily in existing towns/villages or urban extensions. Site in Onchan residential area, so appropriate infill location.
Housing Policy 6
Residential zoned land to accord with area plan brief or criteria in para 6.2. Assessed compliant with local plan residential policy.
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 01 rev. C and 02 rev. C date stamped the 6th October 2008.
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).
Approved for planning purposes only
No objection subject to conditions on sewer connection and no surface water to foul system
Do not oppose subject to visibility splays and on-site turning
Drainage Division and Highways Division raised no objection subject to specific drainage and visibility conditions; Onchan District Commissioners recommended approval; local residents objected primarily to the building line and design integration.
Drainage Division, Department of Transport
Conditional No Objection**No Objection** subject to the following conditions:-; In accordance with the Sewerage Act 1999, a communication fee will be payable to the Department of Transport in respect of this property being connected (directly or indirectly) to the public drainage system.; Under section 4(3) of the Sewerage Act 1999 the applicant must give 21 days notice, in writing, to the Drainage Division, prior to making any communication to the public sewer.
Conditions requested: The proposed dwelling must be connected to the public sewer(s) in a manner acceptable to the Department of Transport Drainage Division. All drainage works must conform to the requirements of the Department of Transport’s “Manx Sewers for Adoption” and all necessary inspections/ surveys [including CCTV] are to be carried out at the developer’s expense.; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Department of Transport Drainage Division and the Sewerage Act 1999.
Highways Division, Department of Transport
Conditional No ObjectionDo not oppose subject to the imposition of the following conditions
Conditions requested: Visibility splays of 2 x 36 metres shall be provided from the new access onto Bay View Road.; On-site turning facility be provided to enable vehicles to access and egress in a forward gear
Onchan District Commissioners
SupportThe Commissioners recommend that the application be APPROVED for planning purposes only.
The original planning application (06/02106/B, amendments to 08/01835/B) for demolition of a garage and erection of a 2-storey dwelling was approved by the planning authority. Onchan District Commissioners, Brenda and David Quayle, and Mr and Mrs C R Clucas appealed, arguing the design was out of character, too large and close to the road, breached a restrictive covenant, and harmed neighbour privacy. The applicant and authority defended the modern design as compatible with varied street architecture, respecting the building line and prior approval in principle, with covenants irrelevant to planning. The inspector found the house acceptable in scale, massing and setback, introducing interest to the street scene without significant privacy harm. Appeals were dismissed on 12 June 2007, confirming approval.
Precedent Value
Modern designs can be approved in streets with varied architecture even without Conservation Area status, provided scale/massing aligns; private covenants hold no weight in planning appeals. Applicants should highlight street diversity and prior consents; third parties should avoid non-material private law arguments.
Inspector: Michael Hurley
