10 January 2007 · Minister for Local Government and the Environment
49, Governors Road, Onchan, Isle Of Man, IM3 1az
The proposal sought permission to retain a wooden garden shed already erected in the front side garden of a corner terraced house at 49 Governors Road, Onchan, visible from Queens Road. The shed was positioned right up to the shared boundary wall with the neighbouring property at 2 Queens Road and did not qualify as pe…
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The Minister followed the independent inspector's report, which concluded that the wooden shed, positioned in front of the building line right up to the boundary, was a very obtrusive eyesore that dev…
Policy O/RES/P/21 of the Onchan Local Plan (Planning Circular 1/2000)
Requires proposals to be appropriate in scale, massing, design, appearance and impact on adjacent property. Officer found modest scale and neat construction acceptable with no undue amenity harm. Inspector disagreed, finding shed inappropriate in design/appearance due to obtrusive position harming streetscape character; failure on policy tipped balance to refusal.
no objection, recommend approval
Private neighbours (Joughin and Barton) strongly objected to the retention of the garden shed citing breaches of permitted development rules, visual impact, fire hazard, and property devaluation, while Onchan District Commissioners supported approval.
Key concern: breaches Town and Country Planning (Permitted Development) Order 2005 due to proximity to highways and boundary
Joughin and Barton
Objectionthe shed does not fit in with any other property on either Governors Road, Queens Road or within the Onchan area; if a fire was to start and our bedroom window was open we would suffer the effects from smoke inhalation; it will result in a financial loss to ourselves when selling our property
Conditions requested: shed height no higher than boundary wall
Onchan District Commissioners
SupportThe Commissioners would recommend that the application be APPROVED for planning purposes only.; The Commissioners have nothing further to add or detract from their views made at the initial stage that the application be approved.
The original application (06/01942/R) for retention of a garden shed in the side garden of a terraced dwelling was permitted by the Planning Authority despite being retrospective and non-compliant with permitted development rules. Neighbours (appellants Mr P Joughin and Ms W Barton of Rose Cottage) appealed on grounds of visual obtrusiveness, loss of light/outlook, fire hazard, and breach of permitted development setbacks. The applicant argued necessity for storage in a small garden and proposed mitigation like hedging and painting. The Inspector, after a site visit, found the shed an incongruous eyesore harming the architectural quality and period character of the terraces, overriding the Authority's view that it complied with policy O/RES/P/21. The appeal succeeded, reversing the approval with a recommendation to refuse permission.
Precedent Value
This appeal demonstrates that even small, retrospective outbuildings in front of building lines can be refused if they harm period streetscape character, overriding 'permitted development' non-compliance irrelevance; future applicants must prioritise location subservient to architectural context over functional need.
Inspector: G Farrington
