19 November 2007 · Minister for Local Government and the Environment
6, Nursery Avenue, Onchan, Isle Of Man, IM3 4hg
The application sought permission for internal alterations, a two-storey rear extension providing a bathroom and dressing room/en-suite, a single-storey kitchen extension filling the rear yard, and a rear dormer for a third bedroom at a mid-terraced early 1900s dwelling with small front garden and rear yard opening to …
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The final refusal followed a third-party appeal by Onchan District Commissioners against the initial delegated approval. The independent inspector concluded that while external drying space loss was a…
Policy O/RES/P/21 of the Onchan Local Plan (Planning Circular 1/2000)
Permits extensions and alterations to existing residential property where appropriate in terms of scale, massing, design, appearance and impact on adjacent property. Officer found proposal compliant due to similar extensions nearby and privacy mitigation via obscured glazing, but inspector ruled contrary due to refuse storage impact on adjacent properties and public lane.
Spatial Policy 5
Requires development to make a positive contribution to the environment. Officer considered no specific strategic policies material, but inspector applied it to refuse storage in public lane, preventing environmental improvements to the 'visual and environmental disgrace'.
Do not oppose
Note received; recommend applicant consult on fire precaution measures
Onchan District Commissioners recommend refusal due to overintensive development and loss of yard space; Highways Division do not oppose; Fire and Rescue Service recommends deferral pending resubmission of detailed plans.
Key concern: The submitted plans appear to be inherently unsafe
Onchan District Commissioners
ObjectionThe Commissioners recommend that the application be REFUSED for the following reasons:- "The proposed extensions/alterations would be overintensive for the plot. The ground floor extension would result in the loss of any yard space for clothes drying/bin storage."
Department of Transport, Highways Division
No ObjectionThe Highways Division of the Department of Transport has no views on this application. The application having been considered, the response is: Do not oppose
Isle of Man Fire and Rescue Service
Conditional No ObjectionThe submitted plans appear to be inherently unsafe & not show sufficient detail to make final comment.; It is recommended that applicant re-submits finished plans & consults with the Fire Safety Department to discuss this proposal further.
Conditions requested: applicant re-submits finished plans & consults with the Fire Safety Department to discuss this proposal further
The original application (07/01498/B) for alterations, extensions, and rear dormer was permitted by the planning authority. Onchan Commissioners appealed, contending the proposal was over-intensive, eliminating rear yard space for bin storage and clothes drying, and causing internal layout issues. The planning committee defended the approval, noting similar extensions nearby and that bin storage in the lane was acceptable. The inspector agreed with the Commissioners on refuse storage impacting the public lane environment, contrary to Strategic Policy 5, but accepted loss of drying space; he found the design unacceptable for environmental quality and Onchan Local Plan policies. The inspector recommended allowing the appeal and refusing permission.
Precedent Value
This appeal demonstrates that even minor domestic extensions can be refused if they necessitate refuse storage in public spaces, contrary to environmental policies; future applicants must demonstrate compliant bin storage solutions.
Inspector: David Ward
