24 April 2009 · Senior Planning Officer
8, The Willows, Ballasalla, Isle Of Man, IM9 2ew
The proposal sought full planning approval for a detached double garage (7m x 6.8m footprint) with a gable-ended roof rising to 5.9m, dormers, external staircase, and guest suite above, located at the rear of the garden close to the rear boundary hedge.
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The officer judged the proposal against General Policy 2 of the Strategic Plan, which permits development in accordance with zoning provided it respects the site and surroundings in terms of siting, l…
General Policy 2
GP2 permits zoned development if it respects site/surroundings in siting/layout/scale/form/design (b) and does not harm townscape character (c). Officer found proposal fails as 5.9m gable/dormer design would protrude above hedge, appearing dominant/intrusive vs approved 4.7m hipped garage. Specific aspects tested: height, roof form, visibility in streetscene from highway.
Do not oppose the application
No objection subject to condition that no surface water discharged to main sewer
Drainage Division and Highways Division have no objection subject to conditions or otherwise, while Malew Parish Commissioners object due to breach of original planning undertakings and over-intensive site use.
Key concern: in breach of the undertakings of the original planning
Drainage Division
Conditional No ObjectionNo Objection subject to the following conditions; A communication fee will be payable to the Department of Transport Drainage Division (under Section 4 of the Sewerage Act 1999) if the proposed double garage/ accommodation is sold off separate to 8 The Willows.
Conditions requested: There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Department of Transport Drainage Division and the Sewerage Act 1999.
Highways Division
No ObjectionDo not oppose
Malew Parish Commissioners
ObjectionThey object to this Planning Application as they consider it in breach of the undertakings of the original planning, and it is an over-intensive use of the site.
The original application 09/00328/B for erection of a detached double garage with ancillary living accommodation above at 8 The Willows, Ballasalla was refused on 23 April 2009. The appellant, Mr & Mrs Terry Thomson, appealed via written representations (AP09/0072), arguing the proposal matches surroundings, does not overdevelop the site, respects prior approvals, and provides family accommodation benefits. Malew Parish Commissioners defended the refusal citing adverse impact on streetscape character and amenity contrary to General Policy 2(b,c,g) and Environmental Policy 42 due to increased height over prior single-storey approval. No inspector's analysis, site visit details beyond standard procedure, or final decision is documented.
Precedent Value
No decision reached; appellants effectively challenged site description, provided comparative distances/photos, and offered ancillary use condition. Parishes defended via specific policy citations on scale/character. Future applicants should anticipate height/amenity scrutiny vs prior approvals in appeals.
