2 July 2007 · Planning Committee
Bluebell Cottage, Patrick Road, St. Johns, Isle Of Man, IM4 3bn
The proposal is for a detached garage (6m x 6m, ridge height 4m, pitched roof, cavity walls, 3 windows west elevation, 2 windows and door east elevation) on an existing gravelled garden area across the River Nebb, accessed via an existing bridge, including a new drive for turning.
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The officer noted the site's long planning history including prior approvals for extension to dwelling (PA 05/01356/B), change of use from tourist to residential (PA 04/00989/C with PDRs removed), and…
Policy OS/P/1 St John's Local Plan
Policy states: 'Other than those areas specifically designated for development or zoned predominately residential on the proposals map, no areas of open space shall be developed.' Officer assessed site as landscaped domestic garden not appearing as open space due to features/planting; garage ancillary to dwelling would not detract from open character nor be dominant. Tension from zoning vs existing residential curtilage established by history.
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 plans and information submitted as part of this application and date stamped 1st March 2007.
Use restriction
The garage hereby approved may only be used for garaging and storage purposes incidental to the enjoyment of Bluebell Cottage and for no residential purpose.
River corridor
The adjoining watercourse is classified as a 'Main River' therefore an 8 metre deep corridor along the adjoining river banks must be maintained free of any development under the terms of the Land Drainage Act 1934. This is to enable the Department of Transport (or its successors) to carry out maintenance works on the river.
Do not oppose
No objection subject to conditions
No objection provided no development within 8m of watercourse and pollution safeguards
Multiple consultees responded to planning application 07/00400/B for a detached garage at Bluebell Cottage, with Patrick Parish Commissioners objecting due to open space designation and history of garage conversions, while statutory bodies raised no objections subject to watercourse and bridge conditions.
Key concern: Violation of open space designation in St Johns Local Plan
Patrick Parish Commissioners
ObjectionThe proposed construction of cavity walls, uPVC double-glazed windows and door is considered to be not the normal construction for a garage and it lends itself for redevelopment.; The proposed site is in an area, which has been designated as an Open Space in the St Johns Plan.
Patrick Parish Commissioners
ObjectionThe Commissioners are opposed to this application.; No areas of open space shall be developed; The garage hereby approved may only be used for garaging and storage purposes incidental to the enjoyment of Bluebell Cottage and for no residential purpose
Society for the Preservation of the Manx Countryside & Environment
No ObjectionWe won’t object as to restrain a hobby would be truculent.
Inland Fisheries
Conditional No ObjectionNo objection, provided there is no development within 8 metres of the watercourse, to prevent damage and disturbance to the river bank and river bed.
Conditions requested: No development within 8 metres of the watercourse; Every effort must be made to safeguard against water pollution to the nearby watercourse from any surface run-off and sedimentation during construction works
Drainage Division, Department of Transport
Conditional No ObjectionNo Objection in principle, subject to the following conditions; The adjoining watercourse is classified as a “Main River”
Conditions requested: 30 foot deep corridor along the adjoining river banks must be maintained free of any development; Engineers report to ensure bridge and abutment are structurally adequate for vehicle access, copy to be forwarded to Drainage Division
Department of Transport, Highways Division
No ObjectionDo not oppose
The Planning Committee granted permission for a detached garage in the garden of Bluebell Cottage, a former garage converted to residential use after prior tourist accommodation approval. Patrick Parish Commissioners appealed, arguing the site history showed attempts to circumvent policy by incremental development on open space land, fearing future conversion. The applicant and Committee defended it as ancillary to a lawful dwelling in a domestic garden with no landscape harm. The inspector found no planning harm, noted the appellant conceded no issue if restricted to garage use, and recommended dismissing the appeal. The decision upheld the grant with conditions.
Precedent Value
Appeals must focus on current proposal's merits, not speculative future misuse; zoning overridden by established lawful use; appellants risk costs or criticism for unmeritorious appeals conceded at inquiry.
Inspector: Andrew D Kirby
