29 August 2007 · Delegated - Director of Planning and Building Control (M. I. McCauley)
19, Third Avenue, Onchan, Isle Of Man, IM3 4lz
The proposal involves forming a hard-surfaced parking area and dropped kerb access in the front garden of a mid-terraced dwelling in the residential cul-de-sac of Third Avenue, Onchan. The main planning issues were the loss of front garden amenity, visual impact on the street scene, parking pressures due to double yell…
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The officer noted severe car parking problems in Third Avenue due to double yellow lines on the southern side, making off-road parking necessary.
Policy O/RES/P/21 of the Onchan Local Plan (Planning Circular 1/2000)
Policy supports extensions and alterations to residential property where appropriate in scale, massing, design, appearance and impact on neighbours. The hardstanding was assessed as appropriate given the residential context, precedent approval, and limited visual impact. No tension noted as proposal fits within residential curtilage without neighbour amenity 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 location plan, site plan and photographs date stamped the 27th April 2007.
Do not oppose subject to imposition of condition that dropped kerbs shall be installed in accordance with Manx Roads 1 and Network Operations contacted prior to works
Onchan District Commissioners objected to the loss of the entire front garden to parking, recommending refusal but open to revised plans retaining 50% of the garden; Highways Division did not oppose subject to a specific condition on dropped kerbs.
Key concern: loss of the whole front of the garden to parking
Onchan District Commissioners
ObjectionThe Commissioners recommend that the application be REFUSED for the following reasons:- "The proposal indicates the loss of the whole front of the garden to parking. This decision would not prejudice the submission of revised plans indicating the retention of 50% of the garden."
Highways Division
Conditional No ObjectionDo not oppose subject to the imposition of the following condition:; The dropped kerbs shall be installed in accordance with Manx Roads 1.; NB. The Network Operations Section of the Department of Transport shall be contacted prior to the commencement of works within the highway, including the installation of dropped kerbs. Telephone 686665.
Conditions requested: The dropped kerbs shall be installed in accordance with Manx Roads 1.
The original application for creation of vehicle hard-standing and access in the front garden was permitted by the Planning Committee, with an amended scheme retaining half the garden as lawn with a tree. Appellants (Onchan District Commissioners and neighbour Mr Moore) argued against loss of front garden amenity, precedent for the streetscape, fire risk, and visibility issues, advocating rear parking instead. The Planning Committee defended the approval due to new parking restrictions, preference for retaining sunny rear garden, and the amended scheme's visual benefits. The inspector found no harm to visual amenity from the modified scheme, dismissed precedent and fire risk concerns, confirmed adequate space and highway safety, and recommended dismissing the appeals while adding a condition for 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 lawn and trees, even against local authority and neighbour opposition. Future applicants should prioritise visual mitigation and demonstrate why rear parking sacrifices valued amenity.
Inspector: Terrence Kemmann-Lane
