12 January 2009 · Delegated - Acting Senior Planning Officer
30, Central Drive, Onchan, Isle Of Man, IM3 1eu
The proposal involves changing the use of the ground floor shop unit, previously a hairdresser that ceased trading 1.5-2 years ago, into a 40 sqm self-contained flat suitable for one permanent resident, with a new porch on the side for access while retaining front door access to the upper flat.
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The officer noted the unit had been vacant for 1.5-2 years after use as a hairdresser, with no detrimental impact from loss as there are multiple hairdressers in Onchan and the site is a few minutes' …
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 conversion of retail unit into living accommodation as proposed in the submitted documents and drawings received on 18th September 2008 and 3rd December 2008.
Materials matching
The external finishes of the extension must match those of the existing building in all respects.
Landscaping scheme
No development shall take place until full details of a landscaping scheme to the frontage and side of the property have been submitted to and be approved in writing by the Planning Authority and these works shall be carried out as approved. All planting shall be carried out in accordance with the approved details in the next available planting and seeding seasons. Any tree or shrub which within a period of 5 years from the completion of the landscaping works, is removed, or becomes seriously damaged or diseased shall be replaced in the next planting season with another similar size and species, unless the planning authority gives written consent to any variation.
Do not oppose
Approved
Highways Division objected due to inadequate parking spaces, enclosure of public highway/right of way, and access issues; Fire Service objected due to non-compliance with fire safety regulations; Onchan Commissioners recommended approval.
Key concern: enclosure of public highway/right of way under Highways Act 1985 section 88
Department of Transport
ObjectionThe Department of Transport object to the above proposal on the following grounds; The proposed parking spaces (see drawing no. 390-01) do not meet the standards set out in Manx Roads 1 of 2.5m x 5.5m; the application encloses part of a lane which the Department of Transport considers over which a public right of way has been created under the Highways Act 1985 section 88
Department of Transport
ObjectionObject; Revised plan: The application area has been extended from the original plan and now proposes to enclose public highway
Department of Transport
No ObjectionDo not oppose
Onchan District Commissioners
SupportThe Commissioners recommend that the application be APPROVED for planning purposes only
Onchan District Commissioners
SupportThe Commissioners recommend that the application be APPROVED for planning purposes only
Isle of Man Fire And Rescue Service
ObjectionTHE SUBMITTED DRAWINGS DO NOT COMPLY TO THE PRESCRIBED STANDARD OF FIRE SAFETY. CONSULTATION WITH THE FLAAS INSPECTION TEAM AT THE FIRE SAFETY DEPARTMENT IS REQUIRED.
Conditions requested: consultation with the FLAAS inspection team at the Fire Safety Department is required
The original application PA 01/1211 by Central Drive Ltd to erect a boundary wall and create a parking area within the curtilage of 30 Central Drive was initially refused by the Planning Committee but approved at review stage. Onchan District Commissioners, Mr Gilmour, Mr Cottier and Mr Miller appealed against the approval, citing concerns over highway obstruction, parking overhang on footpaths, and restricted access to rear garages. The applicant argued the land is private, not public highway, and walling would define ownership without material planning impact. The inspector found the wall would improve the unsightly area, dismissed access concerns as not creating unacceptable hazards, and recommended dismissing the appeals while requiring an amended layout via condition to improve access and prevent footpath overhang. The Minister accepted this recommendation on 20 June 2002, confirming approval with the condition. A later appeal (AP09/0020) against refusal of retail to residential conversion (08/01805/B) references the 2002 decision but lacks inspector analysis.
Precedent Value
This appeal sets precedent that planning decisions should not protect non-legalised access over private land; inspectors will focus on visual/highway impacts addressable by conditions rather than ownership disputes. Future applicants should proactively offer amended plans/conditions for parking to neutralise objections.
Inspector: Miss Gillian M Pain MA DipTP(Lon) MRTPI
