4 January 2013 · Delegated - Development Control Manager
18, Poachers Pocket, Ballasalla, Isle Of Man, IM9 3dd
The proposal involves building a new dormer bungalow with an attached garage on an approved plot within the developing Poachers Pocket estate, located between Bridge Road, the Silverburn River, and existing residential areas.
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The officer assessed the proposal against General Policy 2 of the Strategic Plan, which requires development to respect site/surroundings in siting, scale, form, design; not adversely affect landscape…
General Policy 2
GP2 permits development in residential zones if it respects site/surroundings (siting, layout, scale, form, design, landscaping/space); avoids harm to townscape, amenity, habitats, road safety; provides safe access/parking; and does not prejudice adjacent land. Officer tested proposal against all criteria, finding it compliant due to lower scale than prior approval, adequate distances/parking, no overlooking harm, and estate context. Prior inspector on PA 02/00712 emphasized single-storey appearance and no overlooking of existing dwellings, which this meets.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to the erection of a dwelling and attached garage, as shown in drawing 0210/PL1018F received on 13th November, 2012.
Garage use restriction
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012, the garage may be used only for the storage of motor vehicles in association with the occupation of the main dwelling and may not be used as ancillary accommodation nor converted thereto without planning permission. NOTE: the provisions of the PDO enable this to occur where there is provision for two vehicles to be parked within the curtilage of the dwelling, each space being at least 6m by 3.25m. This is not available within the development as shown.
No further permitted development
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012, no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages or tanks for the storage of domestic heating fuel, shall be erected without planning permission, other than are expressly authorised by this approval.
do not object to this Application
acceptable provided that the garage is retained for the parking of vehicles
Highways Division has no objection but requests a condition to ensure the garage remains available for vehicle parking; Malew Parish Commissioners have no objection. A public objection from a nearby resident raises privacy concerns due to elevated windows overlooking their property.
Key concern: privacy intrusion from elevated windows overlooking neighbouring master bedroom
Highways Division
Conditional No ObjectionThis application meets the relevant highways standards and policies; If this application is to be approved the following condition is required to ensure that 2 car parking spaces remain available: The garage shall remain available for the parking of a vehicle
Conditions requested: The garage shall remain available for the parking of a vehicle
Malew Parish Commissioners
No ObjectionThey do not object to this Application.
Ms Lisa Whear
ObjectionI am concerned that given the elevated position of the property and site in general and that there are large elevated windows to the front of the property that you will have a line of site through the space between the properties opposite the site direct into the rear of our property and in particular the master bedroom. This will infringe on our right to privacy.
The original application for erection of 10 dwellings with associated parking on plots 12, 13 and 15-22 was approved by the Planning Committee. Malew Parish Commissioners appealed, arguing the development was too dense, breached General Policy 2 by not respecting surroundings or amenities, conflicted with Condition 12 of the 2004 approval requiring generally single-storey dwellings, and violated Environmental Policy 42. The planning authority and applicants defended it as compliant with policies, larger and better than previous approvals, with adequate spacing. The inspector found the design poor, with cramped layout, excessive height breaching the 2004 condition, over-dominant features, and patchy materials, though affordable housing non-compliance was discounted by the Minister as unreasonable due to prior approvals. The Minister accepted the inspector's recommendation, allowed the appeal, and reversed the approval solely on design grounds.
Precedent Value
Demonstrates inspectors assess reserved matters applications strictly on own merits, even if similar to prior approvals, and prior conditions set binding design principles. Future applicants must ensure detailed designs fully comply with outline permissions and provide spacious, high-quality layouts at higher densities.
Inspector: Graham Self MA MSc FRTPI
