22/01152/BRefused

23 November 2022 · Delegated - Principal Planner (Jason Singleton)

Erection of oak timber frame car port over the existing hardstand area at land between The Nook & Riverside House

Ev Charging Point, The Nook, Crossag Road, Ballasalla, Isle Of Man, IM9 3ee

Received14 Sept 2022

Validated26 Sept 2022

Decided23 Nov 2022

2 months

Received14 Sept 2022

Validated26 Sept 2022

Decided23 Nov 2022

2 months

Why was this refused?

Visual impact and incongruity in Conservation Area streetscene
Overbearing amenity impact on The Nook
Failure to preserve/enhance Conservation Area character
Scale, massing and positioning
Policy non-compliance with ENV35 and GP2

The site is a small triangular parcel of land on Crossag Road, Ballasalla, used for off-road parking associated with the nearby dwelling Croit-ny-Kiyt, currently featuring steel containers and bounded by stone walls.

Refusal Reasons

✗By reason of the size, scale, height, overall massing and positioning along the road the proposal is considered to result in an unacceptable and incongruous feature in the streetscene and one which detracts and adversely impacts the character and appearance of the Conservation Area. The application is considered to fail Section 18 of The Act, Environment Policy 35 and General Policy 2 (b, c, g) of the IOM Strategic Plan 2016 and to go against the principles of PPS 1/01.
✗By reasons of its size, scale, height overall massing and position close to the neighbour also result in an unacceptable and unneighbourly overbearing impact on the living conditions of The Nook. The application is considered to fail the tests of General Policy 2 (g) and to fail the principles of Section 7 of the Residential Design Guide 2021.

Documents (11)

Officer Report Decision Notice Application Form

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Decision & Reasoning

Refused23 November 2022

The officer concluded the car port would create an unacceptable and incongruous feature in the streetscene due to its size, scale, height, massing and road-fronting position, detracting from tradition…

Policies Assessed (3)

ENV35

Environment Policy 35

Requires development in Conservation Areas to preserve or enhance character and appearance. Officer assessed the car port's prominent road-fronting position, gable design, height (5.2m ridge) and massing as detracting from traditional streetscene features, creating incongruous bulk insensitive to the area.

GP2

General Policy 2

Sets standards for acceptable development avoiding adverse visual (b,c), amenity (g) and highway (h,i) impacts. Failed on visual/amenity due to streetscene harm and overbearing effect on neighbour; passed highway test.

RDG7

Residential Design Guidance 7 (Impact on Neighbouring Properties)

Provides guidance on assessing neighbouring amenity impacts. Structure's scale, height and 7m proximity to The Nook's gable windows failed tests for overbearing/overshadowing effects on outlook.

Public Comments (2)

SupportMalew Commissioners(parish)

No objection

SupportDepartment of Infrastructure Highway Services(statutory consultee)

do not oppose

Consultation Responses

Highway Services HDC and Malew Parish Commissioners both raised no objections to application 22/01152/B for erection of an oak timber frame car port.

Highway Services HDC

No Objection

After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking.

Malew Parish Commissioners

No Objection

Malew Parish Commissioners have no objections to the following applications.; 22/01152/B Land between The Nook and Riverside House, Crossag Road Erection of oak timber frame car port over the existing hardstand.

Why was this refused?

Visual impact and incongruity in Conservation Area streetscene

Overbearing amenity impact on The Nook

Failure to preserve/enhance Conservation Area character

Scale, massing and positioning

Policy non-compliance with ENV35 and GP2

Refusal Reasons

✗By reason of the size, scale, height, overall massing and positioning along the road the proposal is considered to result in an unacceptable and incongruous feature in the streetscene and one which detracts and adversely impacts the character and appearance of the Conservation Area. The application is considered to fail Section 18 of The Act, Environment Policy 35 and General Policy 2 (b, c, g) of the IOM Strategic Plan 2016 and to go against the principles of PPS 1/01.
✗By reasons of its size, scale, height overall massing and position close to the neighbour also result in an unacceptable and unneighbourly overbearing impact on the living conditions of The Nook. The application is considered to fail the tests of General Policy 2 (g) and to fail the principles of Section 7 of the Residential Design Guide 2021.

Policies Assessed (3)

ENV35

Environment Policy 35

GP2

General Policy 2

RDG7

Residential Design Guidance 7 (Impact on Neighbouring Properties)

Provides guidance on assessing neighbouring amenity impacts. Structure's scale, height and 7m proximity to The Nook's gable windows failed tests for overbearing/overshadowing effects on outlook.

Consultation Responses

Highway Services HDC and Malew Parish Commissioners both raised no objections to application 22/01152/B for erection of an oak timber frame car port.

Highway Services HDC

No Objection

After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking.

Malew Parish Commissioners

No Objection