11 December 2009 · Planning Committee
Little Mill Garage, Little Mill Road, Onchan, Isle Of Man, IM4 5bd
The application sought permission to demolish an existing metal-clad garage/workshop building (18.4m long, 10.5m wide, 170m² footprint) and erect a new two-storey detached dwelling (13.8m wide, 12.8m deep, 8.3m ridge height) finished in render and slate roof, set back 5m from the highway.
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The officer assessed the site as previously developed land with a significant building but concluded redundancy of the commercial garage use was not sufficiently proven, as site visits showed ongoing …
General Policy 3
Prohibits development outside zoned areas except previously developed land with significant building where use redundant, redevelopment reduces landscape impact, and proposal improves landscape/environment. Site met PDL/significant building but failed redundancy (ongoing unauthorised use), no reduction in impact (wider/taller/more visible), no improvement due to massing.
Environment Policy 7
Prohibits development harming watercourses without mitigation; no development normally within 8m to protect habitats. Dwelling 5m from watercourse with no mitigation/risk assessment/pollution measures submitted.
Do not oppose subject to visibility splays and turning facility conditions
No objection, subject to conditions; no further comment on amended plans
No comment on merit but informative note requested; development min 8m from watercourse with pollution/sedimentation safeguards
Multiple public objections and Onchan District Commissioners recommend refusal due to countryside location contrary to Onchan Local Plan; statutory consultees raise no objections but request conditions related to drainage, highways, and watercourse protection.
Key concern: contrary to Onchan Local Plan 2000 restricting new dwellings in the countryside
DAFF Inland Fisheries
Conditional No ObjectionAny development must be a minimum distance of 8 metres from the watercourse in order to minimise the risk of damage or disturbance to the river banks and river bed.; Measures must be in place during construction works to safeguard the nearby Groudle river from any run-off and sedimentation.
Conditions requested: Any development must be a minimum distance of 8 metres from the watercourse
DAFF Inland Fisheries
Conditional No ObjectionThere should be no development within 8 metres of the watercourse in order to minimise the risk of disturbance to the river, and to retain a natural wildlife corridor.
Conditions requested: no development within 8 metres of the watercourse; measures during construction works to minimise risk of damage or disturbance to river banks and river bed; measures to safeguard watercourse from run-off and sedimentation
Department of Transport Drainage Division
Conditional No ObjectionNo Objection subject to the following conditions; The Division strongly recommends that the necessary percolation tests are carried out and approved, prior to any work commences on site
Conditions requested: necessary percolation tests are carried out and approved prior to any work commences on site; copy of the results be forward to the Drainage Division in order to support the soakaway proposal
DOT Highways
Conditional No ObjectionDo not oppose subject to the imposition of the following conditions
Conditions requested: Visibility splays of 2x23 metres shall be provided at the point of access. The splays shall be kept clear of any object, vegetation, or other obstructions of a height exceeding 1.05m above the land of the adjacent carriageway.; The access drive arrangements shall comprise a turning facility to permit a motor car to turn around within the site so that a vehicle can emerge from the site in a forward gear
Environmental Water Discharge (Dr P.D. Styles)
No Commenta licence to discharge under the Water Pollution Act (1993) will be required for a discharge of sewage effluent to the stream; minimum separation distance of 10 metres is required from the tail drains to the stream
Conditions requested: licence to discharge under the Water Pollution Act (1993) will be required for a discharge of sewage effluent to the stream; treatment of the sewage via a proprietary treatment plant; minimum separation distance of 10 metres from the tail drains to the stream for soakaway
Onchan District Commissioners
ObjectionThe Commissioners recommend that the application be REFUSED for the following reasons: "The proposals are contrary to the provisions of the Onchan Local Plan 2000 restricting the development of new dwellings in the countryside."
Onchan District Commissioners
ObjectionThe Commissioners have nothing further to add or detract from their views made at the initial stage that the application be refused for the following reason: "The proposals are contrary to the provisions of the Onchan Local Plan 2000 restricting the development of new dwellings in the countryside."
The original application (08/01623/B) for demolition of a redundant metal-clad garage and construction of a two-storey L-shaped family dwelling with integral garage was refused by the Planning Committee for reasons including failure to prove redundancy, no reduction in landscape impact under General Policy 3, inappropriate design per Circular 3/91, harm to watercourse under Environmental Policy 7, and inadequate drainage details. The appellant argued the site was previously developed land with a redundant building unsuitable for commercial use, the proposal would improve the site's appearance in a varied rural area, and drainage could be provided on owned land opposite. The Inspector found the site met criteria for previously developed land with redundant use but concluded the proposed dwelling's scale, height, and suburban character would not reduce landscape impact compared to the existing building, failing General Policy 3, and would harm rural character. Drainage issues were resolvable by condition, but the appeal was recommended for dismissal. The Minister concurred and dismissed the appeal, also directing investigation of unauthorised builder's yard use.
Precedent Value
This appeal shows that on previously developed land in open space/countryside zones, proving redundancy allows residential in principle, but proposals must demonstrably reduce (not just improve) landscape impact versus existing use under GP3(c); smaller scale schemes more likely to succeed to avoid cumulative rural erosion.
Inspector: Graham Self MA MSc(Eng) FRTPI
