4 July 2006 · Minister for Local Government and the Environment (appeal decision confirming initial delegated refusal by Director of Planning and Building Control M.I. McCauley)
22, King Edward Close, Onchan, Isle Of Man, IM3 2ag
The site is a detached bungalow at the end of a modern residential cul-de-sac in Onchan, zoned for residential use under the Onchan Local Plan 2000. The proposal involved converting the existing garage (recessed 2.2m from the front building line) into lounge/kitchen space with a 2.15m forward extension to match the dwe…
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The initial delegated refusal by officer Chris Balmer (accepted by Director M.I. McCauley on 21/06/2006) focused on the garage being visually intrusive, creating an enclosed feel to the cul-de-sac str…
Onchan Local Plan 2000 Policy O/RES/P/20
Requires that permission will not generally be forthcoming for extensions or conversions resulting in loss of parking space behind the building line; also references three spaces per dwelling standard. Inspector found proposal fails to maintain existing two off-street spaces (previously garage + drive), with new garage lacking adequate drive length for standard cars behind building line.
Policy O/RES/P/22 (Onchan Local Plan)
Extensions and alterations to existing residential property will generally not be opposed where appropriate in terms of scale, massing, design appearance and impact on adjacent property. Appellant argued compliance as modest proposal; officer and inspector found scale/appearance issues with enclosure/projection overruled on appeal, but parking failure tipped balance.
recommend approval but note 'The Commissioners consider that the proposed garage extension may project beyond the building line'
Highways Division objected to application 06/00308/B due to difficult driveway access and egress; Onchan Commissioners recommended approval but noted potential projection beyond building line.
Key concern: The position of the new driveway will prove difficult to access and egress
Highways Division
ObjectionObjection; The position of the new driveway will prove difficult to access and egress
Onchan District Commissioners
SupportThe Commissioners would recommend that the application be APPROVED for planning purposes but note the following:- "The Commissioners consider that the proposed garage extension may project beyond the building line."
The original application to convert and extend the existing garage for additional living accommodation and erect a new attached garage was refused by the Planning Committee for visual intrusiveness, amenity harm to No.21, and precedent concerns. The appellant argued no visual or amenity harm due to site topography, matching materials, and lack of objections, with adequate parking provided. The inspector found no objection to street scene or residential amenity impacts after site measurements but identified critical errors in the plan showing insufficient drive length (3m minimum vs. required standard) for two off-street parking spaces, failing highway safety and residential environment standards. The appeal was dismissed on these different grounds. Onchan Commissioners recommended approval.
Precedent Value
Accurate site plans and boundary surveys are critical; appeals can succeed on original issues but fail on overlooked technical details like parking geometry. Future applicants must physically verify measurements and peg out proposals.
Inspector: Andrew D Kirby
