9 April 2008
Bluebell Cottage, Patrick Road, St. Johns, Isle Of Man, IM4 3bn
The proposal sought full planning approval for a revised detached garage across the River Nebb from Bluebell Cottage, amending the design approved under 07/00400/B. The changes included raising the roof height by 1.7m to 5.7m with a 42.5-degree pitch to create storage space above, accessed by trap door, plus cavity wal…
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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 that despite zoning as Open Space, the site appears as landscaped domestic garden; principle of garage established by prior approval, but increased height would have greater visual impact, lose inconspicuous nature, and detrimentally affect open character.
No objection in principle subject to conditions
No objection
No objection subject to conditions
Drainage Division and Highways Division raised no objection to application 08/00191/B with conditions from Drainage; Patrick Parish Commissioners requested deferral then issued no comment; DAFF Inland Fisheries expressed concerns about proximity to watercourse requiring 8m corridor and pollution safeguards.
Key concern: proximity of the proposed development to the watercourse
Department of Transport Drainage Division
Conditional No ObjectionNo Objection in principle, subject to the following conditions; This is to enable the Department of Transport (or its successors) to carry out maintenance works on the river.
Conditions requested: The adjoining watercourse is classified as a "Main River" therefore a 30 foot deep corridor along the adjoining river banks must be maintained free of any development under the terms of the Land Drainage Act 1934.; It is recommended that an engineer's report should be carried out to ensure that the bridge and abutment are structural adequate for vehicle access. A copy of the Engineer's report must be forwarded to the Drainage Division.
Highways Division
No ObjectionDo not oppose
Patrick Parish Commissioners
No Commentno comment would be made; The above application will not be properly considered by the Commissioners until their meeting on March 12th.
DAFF Inland Fisheries
Conditional No ObjectionThe Inland Fisheries section would have some concern regarding this application due to the proximity of the proposed development to the watercourse.; to provide maximum protection to the river habitat from damage.
Conditions requested: A corridor of a minimum of 8 metres must be retained undisturbed between the river banks and the development; During construction works every effort must be made to safeguard against water pollution to the nearby watercourse from any surface run-off and sedimentation
Planning permission was granted by the Planning Committee under ref 07/00400 for a detached garage on land zoned as open space in the garden of Bluebell Cottage. Patrick Commissioners appealed, arguing the development contravened open space policy and risked conversion to residential use despite conditions. The applicant explained the site's history as residential garden curtilage following prior approvals, and the Committee defended that it functions as domestic garden with no harm from the modest garage. The inspector found no planning harm, noted the appellant conceded no harm if restricted to garage use, and concurred with the Committee's decision that the garage would not affect character or amenity. The appeal was dismissed on 26 September 2007.
Precedent Value
This appeal shows that local authorities challenging their own committee's grant of permission must demonstrate clear planning harm, not speculation; established curtilage use can override outdated zoning notations. Future appellants against permissions should avoid conceding no harm.
Inspector: Andrew D Kirby
