16 May 2011 · Delegated
46, Ballachurry Avenue, Onchan, Isle Of Man, IM3 4bb
The proposal sought to change the use of a detached garage and granny annexe building — located in the southern part of the garden of 46 Ballachurry Avenue — into a self-contained dwelling. The application also involved the existing driveway of no. 46 becoming a shared access for both properties. Officers concluded that the site could not be developed in a way that gave the new dwelling acceptable private amenity space without harming the amenity of the existing house at no. 46. Separately, the application failed to demonstrate that safe and convenient vehicular access could be achieved from the highway for both properties.
The application was refused on two grounds. First, the backland site could not provide adequate private amenity for the proposed dwelling without unacceptably harming the amenity of 46 Ballachurry Avenue. Second, the proposal did not demonstrate that safe and convenient vehicular access from the highway could be achieved for both the new unit and the existing house. Both failings pointed to the development being inappropriate backland development under the Isle of Man Strategic Plan 2007.
Refusal Reasons
General Policy 2
The proposed development would constitute unacceptable backland development. It is concluded that the application site could not be developed in a manner that provided acceptable private amenity for itself and would not adversely affect the existing private amenity of 46 Ballachurry Avenue. As such, the proposed development fails to satisfy parts (g) and (h) of General Policy 2
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
Environment Policy 42
the proposed development fails to satisfy parts (g) and (h) of General Policy 2 and represents inappropriate backland development contrary to Environment Policy 42 of the Isle of Man Strategic Plan 2007.
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.''
O/RES/P/19
Policies O/RES/P/19 and O/RES/P/20 from the Onchan Local Plan 2000 also hold some weight
O/RES/P/20
Policies O/RES/P/19 and O/RES/P/20 from the Onchan Local Plan 2000 also hold some weight
Erection of garage and granny flat to replace existing garage.
The garage and granny flat building was approved under PA 05/92290/B
Change of use of granny flat and garage to a dwelling.
Erection of a detached dwelling with shared access drive.
