20 October 2008 · Senior Planning Officer (delegated authority)
Glen Vine Bungalow, Main Road, Glen Vine, Isle Of Man, IM4 4bg
The proposal involved altering an existing poor-condition workshop building adjacent to Glen Vine Bungalow by replacing a lean-to, blocking up windows internally, rendering walls, and using profiled sheeting on the roof, with no change to footprint or height, for use as a workshop with 'dead' storage (documents, furnit…
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The officer report concluded the alterations would enhance the building's poor appearance with no increase in height or footprint, making it acceptable visually.
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 alteration of the existing building and its conversion to a workshop with storage as shown by the plans 4101/L1, 4101/S1 and 4101/P2 Rev A submitted and date stamped 11th June 2008 and Agent's Letter submitted and date stamped 7th October 2008.
Use restrictions
The building hereby approved may be used as a workshop with storage. Approval does not extend to the use of the site for retail purposes or as a skip transfer station or for the storage or distribution of dangerous goods (as defined in the Road Traffic Act: Road Vehicles carrying Dangerous Goods (Maintenance and Use) Regulations 2000) or coal or items which could give rise to nuisance to adjacent land users by virtue of dust, noise or smell.
Ancillary to bungalow
The building shall remain incidental to the use and enjoyment of Glen Vine Bungalow, Main Road, Glen Vine.
Sewer protection
Public sewerage crosses this site. The line of the sewer(s) must be identified before development work commences. The sewer(s) must be fully protected whilst all building works are being carried out. No part of the proposed development may be constructed, nor any trees planted, within three metres of any public sewer either at the time of construction or at any time in the future. It should be noted that it is an offence under Manx legislation to permit the discharge of polluting or harmful matter to any public sewers or watercourses.
no objection after receiving additional information on proposed use as storage for documents/personal items
no objection subject to sewer protection condition
applicant to consult Fire Safety Department on fire safety issues (building control)
Drainage Division raised no objection with conditions on sewer protection and pollution prevention; Marown Parish initially objected due to insufficient information on light industry and traffic but later withdrew objection after additional details; Fire Safety Officer recommended applicant consult on fire safety issues.
Key concern: insufficient information has been provided as to the nature of the light industry
Drainage Division, Department of Transport
Conditional No ObjectionNo Objection subject to the following conditions
Conditions requested: It should be noted that it is an offence under Manx legislation to permit the discharge of polluting or harmful matter to any public sewers or watercourses. Appropriate measures must be taken by the developer / occupier of the premises to ensure compliance with the legislation.; The line of the sewer(s) must be identified before development work commences. The sewer(s) must be fully protected whilst all building works are being carried out. No part of the proposed development may be constructed, nor any trees planted, within three metres of any public sewer either at the time of construction or at any time in the future.
Marown Parish Commissioners
ObjectionThe Commissioners feel that insufficient information has been provided as to the nature of the light industry which it is proposed to undertake at the site to make an informed judgement on the Application; the Applicant be required to provide this information in advance of the matter being considered by the Planning Committee
Marown Parish Commissioners
No ObjectionThe Commissioners resolved that they have no objection to the Application and would thank the Applicant for the additional information provided.
Fire Safety Department, Isle of Man Fire and Rescue Service
No CommentApplicant to consult with the Fire Safety Department to discuss Fire Safety issues in relation to this property.
Conditions requested: Applicant to consult with the Fire Safety Department to discuss Fire Safety issues in relation to this property.
Planning permission was granted for alterations and conversion of an existing workshop/store into light industrial/commercial store under ref 08/01147/B, subject to condition 4 tying the use to Glen Vine Bungalow. The appellant argued the condition was incorrect as the building is owned separately by the company from the privately-owned bungalow, operates independently, and the condition prevents separate sale or rental. The council defended the condition based on agent's letters suggesting domestic ancillary storage and prior site plans showing the building within the bungalow curtilage, to protect residential amenities. The inspector found the appellant's intentions unclear due to contradictory submissions but assessed that independent light industrial/commercial use would harm residential amenity and highway safety given the site's proximity to dwellings and substandard access. The appeal was recommended to be dismissed, upholding the condition.
Precedent Value
This appeal demonstrates that ambiguous or contradictory submissions can justify restrictive conditions and undermine appeals; future applicants must ensure consistent evidence of intentions and robustly evidence no harm to amenity/highway safety in sensitive locations.
Inspector: David G Hollis
