Erection of a detached dwelling with associated parking

Mussoorie, Main Road, Santon, Isle Of Man, IM4 1jb

Received26 Apr 2023

Validated10 May 2023

Decided12 Sept 2023

5 months

Received26 Apr 2023

Validated10 May 2023

Decided12 Sept 2023

5 months

Why Was This Refused?

✓Proposed dwelling would have a wholly inadequate rear garden area
✓No nearby public open space to compensate for poor on-site amenity
✓Required covered cycle storage could not be accommodated on the cramped plot
✓Development would remove the existing side garden serving the neighbouring dwelling 'Capella'
✓Vehicle access route would run past the rear of two neighbouring dwellings, causing noise and disturbance
✓Site occupies part of the side garden between two existing detached dwellings on the edge of Newtown
✓amenity
✓overdevelopment
✓scale
✓The principle of the development (GP 2)
✓The visual impact of the proposed development (GP2 b & c, & EP 42)

This application sought permission to erect a detached dwelling with associated parking on a vacant plot adjacent to 'Mussoorie' on Main Road, Santon. The site forms part of the side garden of the neighbouring property 'Capella' and sits between two existing detached dwellings, set back from the road behind a mature hedge. The Acting Head of Development Management refused the application on 12 September 2023. Four separate reasons were given, all relating to the cramped and harmful nature of the proposed development. The new dwelling would have an inadequate rear garden, with no nearby public open space to compensate. The plot was also too small to accommodate the three covered cycle spaces required under Manx Roads standards.

The application was refused on four grounds. The proposed plot would leave an inadequate rear garden for the new dwelling, harming the amenity of future occupants, particularly given the lack of nearby public open space. The scheme also failed to provide the required covered cycle storage, further highlighting the cramped nature of the site. Building on the side garden of 'Capella' would reduce that dwelling's amenity space to a sub-standard level.

Site Observations

•The site comprises part of the side garden located on the south-west side of the detached, 2-storey, dwelling at 'Capella'; and, to the north-east of a detached, 1 ½ storey dwelling at 'Mussoorie'
•The site is set back from the road and behind a mature hedge and is separated from the carriageway by a grass verge and pavement
•The land on the opposite side of the A5 to the east comprises open fields with the outline of a horse exercise track
•To the rear of the site the land to the north-west is indicated on the environmental constraints plan as an area of Ecological Importance

Refusal Reasons

✕1. The proposed development is unacceptable because it would result in a cramped form of development with a wholly inadequate rear garden area to serve a dwelling of this size which would result in an unacceptable degree of harm to future occupants of the dwelling through inadequate amenity provision which would be exacerbated by the sites position on the edge of the settlement of Newtown where no alternative areas of public open space are located nearby. This fails to accord with the provisions of policy GP2 h) in the Isle of Man Strategic Development Plan (2016).
✕2. The proposed development is unacceptable because no secure bicycle storage to the required standard for a new residential premises in line with Manual for Manx Roads Standards is shown as being provided. Such provision involves one covered cycle space for each bedroom, which would mean three covered spaces. Whilst cycles could be stored outside the dwelling to the rear, given the lack of a meaningful garden area proposed, most of the area is likely to be taken up to provide covered cycle storage. This emphasises the cramped nature of the development. As such, this of the proposed development fails to accord with the provisions of policy T7 in the Isle of Man Strategic Development Plan (2016); and, the standards contained in the Manual for Manx Roads (Version 2 updated 21 June, 2021).
✕3. The proposed development is unacceptable because it would result in the loss of the existing side garden area serving the dwelling at 'Capella' with the dwelling consequently being served by a sub-standard size of amenity area commensurate with its size and scale. This fails to accord with the provisions of policy GP2 h) and policy EP22 iii) in the Isle of Man Strategic Development Plan (2016).
✕4. The proposed development would in effect result in tandem development due to traffic movements to and from the site of the new dwelling running in close proximity past the rear elevation and conservatory of 'Capella'; and, the rear elevation of 'Clannagh Lodge'. This would result in an unacceptable level of noise and disturbance to occupants of these neighbouring dwellings. As such, the proposal fails to accord with the provisions of policy GP2 h), policy EP22 iii) which seek to protect neighbours amenities form inappropriate development; and, Policy EP 42 which discourages inappropriate backland or tandem development - all of which are contained in the Isle of Man Strategic Development Plan (2016).

Policies Assessed (4)

GP2

General Policy 2

fails to accord with the provisions of policy GP2 h)

General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development

Transport Policy 7

fails to accord with the provisions of policy T7

EP22

Environment Policy 22

Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution. 7.17.2 In addition to the above, changes in the activities associated with the current permitted use of land or a building, which in themselves do not constitute development and therefore do not require planning permission, can have an adverse impact on adjacent properties by virtue of noise, light or general disturbance. For example the addition of security lig hting on a property may cause light pollution affecting adjacent properties and the wider area. The introduction of new activities into established parks and recreation areas can have an impact on neighbours. In such cases the Department would advocate t he person or organisation considering the change to give careful consideration to the potential impact of such activity in terms of location, siting and design.

EP42

Environment Policy 42

pment. 8.13.2 The extent of formal open space with in settlement boundaries in the South is identified on the Proposals Map (Map 3) and Inset Maps (Maps 4-7). The Isle of Man Strategic Plan (Environment Policy 42) seeks to protect these open spaces and indicates that: 8.13.3 "Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a partic ular area will not be permitted.''

Planning History (4)

04/00248/ARefused2004

Approval in principle for the erection of a dwelling on land forming part of Capella

Refused on Review - 08.04.2004

21/01019/BApproved2021

Alterations and erection of sun room extension to replace existing conservatory

Permitted - 16.12.2021

21/00498/BRefused2021

Alterations and erection of a rear extension and erection of a detached 2 storey garage with upper floor living accommodation

Refused - 14/7/21

99/01786/BApproved

Extension to main dwelling, also extension and alterations to detached garage to form living accommodation

Permitted - 07.04.2000

Documents (25)

Officer Report Decision Notice Application Form

Source & Provenance

Official reference: 23/00512/B
Source authority: Isle of Man Government Planning & Building Control
Official record URL: No stable public per-application URL provided