6 November 2009 · Minister for Local Government and the Environment (following inspector's report by David G Hollis)
2 Clagh Wyllin, Station Road, Ballaugh, Isle Of Man, IM7 5ey
The proposal was for a small attached garage next to a renovated house, within the curtilage of a site also containing semi-detached bungalows under construction in a residential area near Ballaugh crossroads.
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The inspector concluded the main issues were visual obtrusiveness and poor living environment for adjoining properties. Noting the site's restricted curtilage with limited garage siting options and ex…
General Policy 2
Requires development to respect site/surroundings in scale/siting, not adversely affect amenity/character, and provide satisfactory standards. Officer found failure due to neighbourly impacts and overdevelopment; inspector disagreed, finding garage acceptable given site limits and better than hardstanding.
Environment Policy 22
Prohibits unacceptable harm to amenity via noise/odour pollution. Officer cited vehicle-related pollution harming bungalows; inspector found garage mitigates rather than worsens issues vs approved open parking.
Environment Policy 23
Requires consideration of adverse impacts on neighbours from alterations. Officer deemed unneighbourly due to proximity; inspector balanced against site realities and lack of harm.
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 submitted Drawing GG/1/09 received on 3rd September 2009.
Materials matching
The external finishes of the extension must match those of the existing building in all respects.
Do not oppose has no traffic management, parking or road safety
No objection subject to no discharge to foul sewer and soakaway approval
No objections
Drainage Division raised no objection subject to conditions on surface water discharge and sewer protection; Highways Division stated they do not oppose due to no traffic, parking or road safety issues; Ballaugh Parish Commissioners confirmed no objections.
Drainage Division
Conditional No ObjectionNo Objection subject to the following conditions; The use of soakaways are subject to Building Control approval and if this approval is not granted, the Drainage Division would not give permission for the discharge of surface water into the existing foul system and an alternative means of disposal would have to be sought.; The Drainage Division have requested that percolation tests are conducted to support the applicant’s proposal, in the event that percolation tests fail, the applicant is required to contact the Drainage Division.; The applicant is requested to supply the Division a copy of any Building Control Application in relation to the surface water discharge from this development.
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.; Public sewerage crosses this site. The line of the sewer(s) must be identified before development work commences. The sewer(s) must be fully protected whilst all building works are being carried out. No part of the proposed development may be constructed, nor any trees planted, within three metres of any public sewer either at the time of construction or at any time in the future.
Drainage Division
Conditional No ObjectionNo Objection, subject to; The use of soakaways are subject to Building Control approval and if this approval is not granted, the Drainage Division would not give permission for the discharge of surface water into the existing foul system and an alternative means of disposal would have to be sought.; The applicant is requested to supply the Division a copy of any Building Control Application in relation to the surface water discharge from this development.
Conditions requested: There must be NO discharge of surface water (including that from roofs and paved areas) 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 has no traffic management, parking or road safety
Ballaugh Parish Commissioners
No Objectionmy Commissioners have now considered the above proposed development, and have no objections thereto.
Ballaugh Parish Commissioners
No Commentmy Commissioners do not wish to add to their comments and views as submitted at the initial stage, but request that those comments and views are taken into consideration when the Appeal is held.
Ballaugh Parish Commissioners
No Commentmy Commissioners do not wish to add to their comments and views as submitted to the initial stage, but request that those comments and views are taken into consideration when the Appeal is held.
The original application (09/01467/B) for erection of a single garage was refused by the Planning Committee due to concerns over scale, siting, neighbour amenity impacts (noise, disturbance, odours), visual intrusion, overdevelopment, and conflict with General Policy 2, Environment Policy 22 and 23 of the Isle of Man Strategic Plan 2007. The appellant argued the garage could be permitted development, would replace existing approved hardstanding parking, cause no additional harm, and was minimised in size with a roof designed to match dwellings. The Inspector, following written representations and a site visit on 22 February 2010, found the garage would improve upon hardstanding by reducing noise and odours, would not be visually obtrusive from the road, and would not harm amenities or result in overdevelopment, thus complying with policies. The appeal was recommended to be upheld subject to the Council's suggested conditions.
Precedent Value
This appeal shows Inspectors may favour enclosed parking over open hardstanding in tight sites for amenity benefits, even if close to neighbours, provided no visual harm from public views and materials match. Applicants should emphasise site constraints and comparisons to approved schemes.
Inspector: David G Hollis
