9 July 2013 · Delegated - Senior Planning Officer (Anthony Holmes)
Plot To Rear Of, 47, Governors Road, Onchan, Isle Of Man, IM3 1ay
The proposal was for a two-storey, one-bedroom detached dwelling with parking and garden area on the current garden of 47 Governors Road, sited to front Queens Road. The site is in a residential area characterised by terraced properties stepping down a slope.
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The officer assessed the proposal against the Onchan Local Plan's residential zoning but found it unacceptable due to its form as a detached dwelling in a street of terraced properties that step down …
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale/form/design/landscaping (b), not adversely affect townscape character (c), not affect amenity of residents or locality character (g), and provide satisfactory amenity including parking/access (h). Officer found proposal failed these due to mismatched detached form in terraced street, cramped backland layout, overlooking, and worsened parking.
Environment Policy 42
Prohibits inappropriate backland development and removal of open/green spaces contributing to visual amenity/sense of place. Officer determined this as backland infill in rear garden, disturbing terrace rhythm and removing amenity garden.
Policy O/RES/P/19 of Planning Circular 1/2000
Permits new residential where fitting density/massing/design/character of adjacent dwellings. Officer noted residential zoning acceptable in principle but proposal's detached scale/form mismatched terraced character.
Do not oppose subject to visibility splay condition
No objection subject to connection to public sewer and no surface water to foul drains
No objection but contact MEA for supply
Multiple statutory consultees provided responses on planning application 13/00417/B for erection of a dwelling at plot to rear of 47 Governors Road, Onchan; Highways and Water Authority raised no objections with conditions, while Onchan District Commissioners objected citing backland development and parking issues.
Key concern: backland development contrary to planning policies
Highways Division
Conditional No ObjectionDo not oppose subject to the imposition of the following conditions
Conditions requested: Visibility splays of 2.4 x 36 metres required in both directions
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; See Note 2
Conditions requested: Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application
Isle of Man Water & Sewerage Authority
Conditional No ObjectionNo Objection: - subject to the following conditions
Conditions requested: The proposed development must be connected to the public sewer(s). Full details of the foul and surface water disposal routes from this dwelling must be submitted as part of any subsequent detailed planning application; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s)
Onchan District Commissioners
ObjectionThe Commissioners recommend that the application be REFUSED for the following reasons; The proposals result in the loss of amenity and off street car parking provision for 47 Governors Road. The Commissioners recognise the parking issues in the street and believe that this development would exacerbate those issues. Additionally the Commissioners consider that this proposal could be considered as backland development which is contrary to planning policies.
The original application for erection of a dwelling was refused on 08/07/2013 under General Policy 2 and Environment Policy 42 of the IOMSP due to design/siting issues harming character/appearance, loss of privacy/overlooking to nearby properties, and increased parking demand. The appellant argued the refusal reasons were subjective, the site was not formal garden/parking for No.47, it was not backland development with direct Queens Road access, windows would have obscure glazing, and it complied with local plan residential zoning and relevant policies. The inspector accepted the principle of residential development and basic design but found the site too small, resulting in cramped backland development contrary to GP2 criteria (b),(c),(g),(h) and EN42, with serious harm to amenities of No.47 and No.1 Queens Road due to loss of amenity/parking space and poor physical relationships. Parking was acceptable per Highways but potential for No.47 lost. The inspector recommended dismissal; the Minister concurred on 30/10/2013 despite noting an acceptable scheme possible, finely balanced.
Precedent Value
Dismissal emphasises that cramped backland-style infill on small rear plots, even road-facing, fails GP2/EN42 if harming host property amenities or creating overbearing relationships; sites must provide adequate space for all affected dwellings. Future applicants should demonstrate larger sites, include all access/land in plans, and prioritise neighbour amenity over legal title arguments.
Inspector: Anthony J Wharton
