15 March 2012 · Minister for Infrastructure (on appeal)
Kerrowchord, Main Road, Greeba, Isle Of Man, IM4 3ld
The proposal involved internal and external alterations to revert an existing two-storey terraced dwelling into two separate dwellings, including bricking up a garage door, adding windows and a door to create distinct frontages, removing a rear external staircase, and providing four off-road parking spaces (one at the …
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The initial refusal by Senior Planning Officer cited off-site parking location as detrimental to highway safety (pedestrians crossing A1 in 50mph zone without pavements/crossings) and harmful to adjoi…
General Policy 2
Requires development to respect site/surroundings (siting, scale, design), not harm landscape character, protect amenity/habitats, provide safe access/parking, avoid road safety issues. Officer found subdivision acceptable visually but off-site parking failed safe access/amenity tests; inspector overruled, noting existing safe crossing mitigated risks.
Environment Policy 2
Protects High Landscape Value/Scenic Significance areas unless no harm or essential. Site in HLV; officer accepted no landscape harm from subdivision/alterations; parking in garden not assessed as harmful.
Transport Policy 7
Requires parking per Appendix 7 standards (residential terraces: 2 spaces/unit, close as possible without compromising amenity; not in front if poor outlook). On-site inadequate per Highways; off-site amended scheme met standards and approved by Highways, with condition for allocation.
Time limit
The development shall commence before the expiration of four years from the date of the approval notice.
Approved plans
The approval relates to the sub-division of the existing dwelling into two dwellings with associated off-site car parking (2 spaces). The development hereby approved shall be carried out strictly in accordance with the following plans/drawings: Site Location Plan stamped received 22/12/11; Front Elevation Drawing stamped received 22/12/11; Side/West/Rear Elevation Drawing stamped received 22/12/11; and Off-Site car parking Plan/Drawing stamped received 03/02/12.
Parking allocation
Prior to occupation of either of the two approved dwellings, a scaled plan shall be submitted to and approved in writing by the Planning Authority indicating the allocation of two parking spaces for each dwelling and which shall be retained for such purposes in perpetuity unless a change is otherwise agreed in writing by the Planning Authority.
Manx stone wall scheme
Prior to the commencement of any work in respect of the approved development, a scheme for the demolition and re-building of the existing Manx stone wall along the A1 garden boundary shall be submitted to and approved in writing by the Planning Authority. The submitted scheme shall include details of the materials to be used for the re-built wall and the time-scale for demolition and re-building operations.
no objection to the proposal
recommended approval of amended off-site parking proposal; sufficient parking and manoeuvrability
no material planning concerns regarding electricity connection
Highways Division objects to the subdivision due to inadequate access, visibility splays, parking, and turning facilities on a strategic TT course road; Manx Electricity Authority requests contact and standard conditions; German Parish Commissioners have no objection.
Key concern: presumption against new frontage access on strategic TT course route with inadequate visibility splays, parking, and turning
Manx Electricity Authority
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority.; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.; There are Underground Cables/Overhead Lines present in the area indicated in you Planning Application.
Conditions requested: Condition of planning that the applicant must contact the Authority; Contact MEA Network Operations Department (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work; Contact the M.E.A. for Electrical Site Safety 5 documents (Tel. 687766) before any work; Contact the M.E.A. Planning Department (Tel. 687781) to discuss the electricity supply; All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6
Highways Division
ObjectionDo not recommend approval; there is a presumption against any new frontage access; This is not achievable.; Highways accept that the property was two separate units when traffic volumes and speeds where low.
German Parish Commissioners
No ObjectionMy Commissioners have no objection to this application.
The original application to subdivide an existing dwelling into two was refused by the Department of Infrastructure, primarily on highway safety and parking concerns, including poor visibility at junctions and impacts on residential amenities. The appellant argued the site historically comprised two dwellings, existing pedestrian access across the A1 was safe with good visibility, local support existed, and the proposal complied with policies like General Policy 2 and Transport Policy 7. The inspector agreed the principle of subdivision was acceptable, found no significant highway safety harm given existing crossing patterns and elderly residents' safe use, rejected disproportionate visibility improvements, and dismissed amenity impacts on nearby Grianagh. The appeal was allowed by the Minister, reversing the refusal with conditions for parking allocation, approved plans, and Manx stone wall rebuilding.
Precedent Value
Demonstrates that existing access patterns and empirical visibility evidence can overcome highway safety objections in rural A-road locations; applicants should document historical use and secure third-party support, while offering reasonable conditions strengthens position.
Inspector: David G Hollis
