30 October 2019 · Committee
Site Adj To 10, Birchley Terrace, Onchan, Isle Of Man, IM3 4ey
The proposal is for a two-storey detached dwelling of 134.2m² across two floors on a residential garden plot formerly associated with No.22 Birchleigh Close. The site sits on the corner where Hillberry Road and Avondale Road curve, adjoining the end-of-terrace property at No.10 Birchley Terrace, and is separated from No.22 by an access lane serving the terrace. The principle of residential development had already been established through an earlier approval in principle (18/00111/A), granted by the Planning Committee in May 2018. The current scheme addressed earlier design concerns — including potential overbearing impact on No.10 and the risk of appearing out of keeping with the adjoining terraces — by adopting a revised layout styled to follow the curve of the road.
The proposal was found to be in broad accordance with the Development Plan and relevant strategic policies.
Development should make the best use of resources
Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under -used land and buildings, and re - using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space (1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services. 4.2.2 In pursuance of (c) abo ve, the Department will, when formulating its programme for the preparation of new Area Plans, have particular regard to: (a) the availability of mains drainage connected to IRIS or other mains systems; (b) securing the future viability of rural primary schools; (c) the public investment in the Island's highway, bus, railway and tramway networks; (d) the provision and availability of water; and (e) community facilities. 4.3 Environment 4.3.1
Development which is in accordance with the land-use zoning
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
Policy O/RES/P/19 of Planning Circular 1/2000
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
Prior to the occupation of the dwelling, all railings and vegetation in the site curtilage within the visibility splays indicated on the approved plan shall not exceed 1.0m above the level of carriageway (0.9m above back of footway level) and shall be maintained to not exceed this height thereafter.
Condition 3
Prior to the occupation of the dwelling, the surfacing of the access to the dwelling shall be constructed in stable material (not loose stone or gravel) as approved in writing by the Department within 5.0m of the back of footway and retained as such thereafter.
Condition 4
In accordance with Condition 4 on the approval in principle 18/00111/A for this site, the existing boundary railings shall be retained albeit reduced to no higher than 1m in height. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no additional fences, walls or other means of enclosure shall be erected or placed around the curtilage of the dwelling house which fronts onto a highway.
Condition 5
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no garden sheds, garages, summerhouses or other free standing buildings shall be erected or placed within the curtilage of the dwelling hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.
