12 January 2004 · Minister for Local Government and the Environment
13, Third Avenue, Onchan, Isle Of Man, IM3 4lz
The proposal involved removing part of the front boundary wall and paving half the front garden (western side) with block paviors to create off-road parking for one vehicle, retaining the eastern half as grassed area with a new tree, at a mid-terraced two-storey house in a cul-de-sac.
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The Minister accepted the inspector's recommendation to dismiss appeals against Planning Committee approval. Inspector found the streetscene lacks distinguishing aesthetic quality, dominated by dull g…
Approved plans
This approval relates to the creation of off-road car parking in the front garden, as shown in the plan circulated on 16th December 2003 showing the driveway on the western side of the garden, grass and garden retained on the eastern side and a new tree planted in the retained garden area.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Materials
The driveway must be finished in block paviors.
Tree planting details
Prior to the commencement of the development hereby approved, the details of the tree to be planted in the grassed area of the front garden shall be submitted to and approved by the planning authority and that tree shall be planted within the next planting season.
No adverse traffic impacts
Onchan District Commissioners objected strongly to the proposed vehicle hardstanding in the front garden, citing harm to streetscape amenity and recommending rear parking instead; DOT Highways Division had no objection subject to highway conditions.
Key concern: proposed loss of the garden to provide car parking would be detrimental to the appearance and amenity of the Avenue
Onchan District Commissioners
Objection"The proposed loss of garden to provide car parking would be detrimental to the appearance and amenity of the Avenue. The proposal to park directly in front of the living room window is undesirable and in this case would be particularly detrimental to the residents of the adjoining properties."; "The Commissioners would reiterate their comment that the refusal is without prejudice to an application for the provision of a parking space at the rear of the property."; "where alternative access such as this is available it should be utilised to prevent undesirable loss of amenity to the front of the dwellings."
DOT Highways Division
Conditional No ObjectionNo adverse traffic impacts; the response of the Highways Division of the Department of Transport is: No adverse traffic impacts
Conditions requested: The vehicle footway crossing shall be constructed in compliance with Manx Roads 2; The applicant must obtain approval from the Operations Section of the Department of Transport before carrying out any work within the highway
The original application for vehicle hardstanding and access in the front garden was approved by the Planning Committee on 9 January 2004 and confirmed on review on 19 March 2004. Onchan District Commissioners and Mr R Moore appealed against the approval, arguing harm to street amenity, precedent, neighbour amenity, fire risk, and availability of rear parking. The applicant and Planning Committee defended the need due to parking restrictions, benefits of the amended scheme retaining half garden with tree, and minimal harm given street character. The inspector found no harm to visual amenity from the modified scheme, dismissed precedent and safety concerns, confirmed adequate space for manoeuvring, and recommended dismissing the appeals to confirm approval with a condition requiring tree planting details.
Precedent Value
This appeal shows that front garden parking can be approved in suburban streets lacking green character if amended to retain landscaping like grass and trees, especially with on-street parking restrictions and valued rear amenity. Future applicants should propose mitigated designs and highlight site-specific need over general principles.
Inspector: Terrence Kemmann-Lane
