10 July 2009 · Senior Planning Officer (delegated under Article 3(13) of the Town and Country (Development Procedure) Order 2005)
Garage And Plot, Gellings Avenue, Port St Mary, Isle Of Man, IM9 5bg
The proposal sought reserved matters approval for two semi-detached three-storey dwellings with integral garages on a site currently occupied by garages and shrubs, opposite St Mary's Hall and adjacent to a terrace of existing dwellings at 1-3 Gellings Avenue.
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The proposal complies with the approval in principle PA 05/92275/A, including stepped ridges not exceeding the height of the adjacent terrace, as shown in amended streetscene elevations (600mm higher …
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved drawings
This permission relates to the erection of two dwellings as shown in drawings WL/09/1104/2A received on 20th April, 2009 and WL/09/1104/ 3 and -/4 both received on 28th January, 2009.
no objection; sensible scale, mass, appearance; complementary infill matching 1-3 Gellings Avenue (PA98/1877); amended rooflights improve rear privacy
no objection subject to connection to public sewer, no surface water to foul, prior discussion of changes
Port St Mary Commissioners raised no objections to the proposal and amended plans, citing compatibility with local properties, while Department of Transport Drainage Division specified drainage requirements and conditions, and Department of Highways objected due to inadequate parking provision.
Key concern: Does not meet parking standards of 2 spaces per house
Port St Mary Commissioners
No ObjectionMy Commissioners will raise no objections save one observation that may wish to be considered as requiring the imposition of a condition.; The proposal is in keeping with the construction and appearance of the properties 1-3 Gellings Avenue
Conditions requested: Gable end maintenance access between 2 metre gap and property 3 Gellings Avenue may wish to be considered as requiring imposition of a condition
Port St Mary Commissioners
No ObjectionNo objections will be raised to the above application, PA09/00128/REM.; The removal of dormer windows to the rear of the proposed properties and replacement with velux windows will improve the privacy of residents
Department of Transport Drainage Division
Conditional No ObjectionThere must be NO discharge of surface water (directly or indirectly, including that from roofs and paved areas) from this proposed development to any foul drainage system(s)
Conditions requested: Any changes to approved drainage proposals must be discussed with Department of Transport Drainage Division prior to work commencing; Dwellings must be connected to public sewer(s) in manner acceptable to Department of Transport Drainage Division; All drainage works must conform to 'Manx Sewers for Adoption' and include necessary inspections/surveys [including CCTV] at developer's expense; Communication fee payable to Department of Transport under Sewerage Act 1999; 21 days written notice to Drainage Division prior to communication to public sewer under section 4(3) Sewerage Act 1999; NO discharge of surface water (including from roofs and paved areas) to any foul drainage system(s); If 'existing drainage' discharges to foul sewerage system, alternative means of surface water disposal must be provided; Establish where existing surface water from property is disposed and discuss with Drainage Division prior to work commencing; Supply Division copy of any Building Control Application re surface water discharge
Department of Highways
ObjectionDoes not meet parking standards of 2 spaces per house as required in strategic plan.; The parking space provided in front of the garage is less than 6m which will result in a vehicle parked in this space overhanging the public highway causing an obstruction to pedestrians.
The original application for detailed approval (PA 98/1877) followed an unchallenged approval in principle for three terraced dwellings, but was refused by the Planning Committee due to lack of legal access to the rear service lane, necessitating omission of rear gateways without resubmission. Appellants argued that prior approval in principle was valid, designs were pre-agreed with officers, and refuse collection could occur from the front, proposing a condition to remove gateways. Objectors from Victoria Road raised concerns over loss of light, privacy, and inadequate access/parking for the middle plot. The inspector concluded that the principle of three-storey development was established and not reviewable, details complied with prior conditions, and lack of rear access was manageable via condition without warranting refusal. The appeal was allowed, reversing the Committee's decision with an additional condition for continuous rear fencing.
Precedent Value
This appeal demonstrates that unchallenged approvals in principle bind detailed reviews, and minor access issues resolvable by condition do not justify refusal. Future applicants should secure access rights early and propose targeted conditions to avoid council practices against open-ended approvals.
Inspector: Bethan M. Rain
