13 February 2018 · Planning Committee
Land Adjacent To, Ginger Hall Hotel, Ballamanagh Road, Sulby, Isle Of Man, IM7 2hb
The proposal involves building seven detached bungalows (six two-bedroom and one smaller), mostly single-storey with one having rear dormers, plus six garages on overgrown land zoned for residential use and woodland in Sulby.
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The officer judged the principle of residential development acceptable as the site is zoned 'Predominately Residential Use & Woodland' under the Sulby Local Plan, in a sustainable village location mak…
Strategic Policy 1
Requires optimising use of under-used land, efficient site use with access/landscaping/amenity, and utilising infrastructure. Officer found site in sustainable village uses under-used land efficiently with proposed layout/amenity/access.
Strategic Policy 2 - Priority for new development to identified towns and villages
Locates development in towns/villages or extensions, countryside exceptionally. Site in village with residential zoning complies despite local plan tension.
General Policy 2
Permits zoned development respecting site/surroundings in siting/layout/scale/design/landscaping, no adverse amenity/highway/landscape impacts. Tested layout (not cramped), design (similar to locals), accesses (visibility ok), trees/amenity acceptable; overcomes prior refusals on (b)/(h).
Housing Policy 1
Provides for 6000 dwellings 2001-2016. Contributes via village infill.
Transport Policy 4
Highways to accommodate development safely. New accesses meet splays despite A3 concerns due to local context/low speeds.
Sulby Local Plan Development Brief
Limits to 2 single-storey dwellings, B8 access, tree retention, landscaping, foul sewer. Exceeded on numbers/access but Strategic Plan prevails; trees/landscaping conditioned.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Landscaping scheme
No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department. Details of the hard landscaping works shall include footpaths and hard surfacing materials and any fencing/walling. Unless otherwise approved in writing by the Department, any parts of the approved landscaping works within the curtilage of an individual dwelling shall be completed prior to the occupation of that dwelling, and the full landscaping works for the whole site shall be completed in accordance with the approved details in the first planting and seeding season following completion of the development. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Reason: To ensure the provision of an appropriate landscape setting to the development.
Parking provision
Prior to the occupation of any dwelling the garage, car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter. Reason: To ensure that the strategic plan car parking standards are provided.
Tree protection meeting
Prior to the commencement of any development or construction work, a pre-commencement meeting shall be held on site and attended by the developer's appointed arboricultural consultant, the site manager/foreman and a representative from the Department to discuss details of the working procedures and check that all tree protection measures have been installed in accordance with the approved tree protection plan. The development shall thereafter be carried out in accordance with the approved details or any variation as may subsequently be agreed in writing by the Department. Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.
Materials approval
No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
Access Plots 1-6
Prior to the occupation of the hereby approved dwellings on Plot 1 to 6 the access as shown on drawing GH03 must be completed in accordance with this approved plan. Furthermore, visibility splays of 2.4 metres by 90 metres in both directions are required to be provided by this access serving Plots 1 to 6 and thereafter kept permanently clear of any obstruction exceeding 1050 mm in height above adjoining carriageway level. Reason: In the interests of highway safety.
Access Plot 7
Prior to the occupation of the hereby approved dwelling on Plot 7 the access as shown on drawing 40 REV A must be completed in accordance with this approved plan. Furthermore, visibility splays as shown on drawing 40 REV A are required to be provided and thereafter kept permanently clear of any obstruction exceeding 1050 mm in height above adjoining carriageway level. Reason: In the interests of highway safety.
Does not oppose following amended plans to 7 dwellings subject to conditions on accesses, visibility splays, parking, and road construction
No objection, plot levels acceptable to MUA flood risk management
No objection but contact regarding cables
Revised layout acceptable with tree protection scheme, subject to pre-commencement meeting condition
No concerns, general care to avoid sediment in ditch
No objection following tree survey; roadside trees retained protecting habitat corridor, checks for bats in removed trees
Multiple consultees responded to planning application 17/00462/B, with Lezayre Parish Commissioners objecting due to overdevelopment and access concerns, Forestry initially objecting but later accepting with conditions, Highways deferring then supporting with conditions, and Manx Utilities confirming acceptable flood levels and noting utilities.
Key concern: gross over development of the site
Manx Utilities
No ObjectionThere are underground cables/overhead lines present in the area indicated in your planning application.
Conditions requested: Contact Network Operations Department (Tel. 687687) to discuss working practices around cables and overhead lines which may be required to be diverted; Contact Manx Utilities for Electrical Site Safety 5 documents (Tel. 687766); Contact Manx Utilities Planning Department (Tel. 687781) to discuss electricity supply; All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6
MUA Drainage
No CommentWe have been contacted by number of residents at Carrick Park concerning the maintenance of the ditch (watercourse); The plans submitted show the ditch being within the boundary line for the new plots and the developer proposes to re-profile the ditch and line it with a geotextile.
DEFA Biodiversity
Conditional No ObjectionThe retention of tree avenues is important in this regard as bat habitat; If it were necessary to remove them, I would recommend a bat survey
Conditions requested: clarification of whether tree works will be necessary; bat survey if trees removed
Lezayre Parish Commissioners
ObjectionRefused Unanimous; To stretch this to 8 is, in the Commissioners opinion a gross over development of the site
Forestry
ObjectionThe development would lead to future pressure to remove important attractive trees; The application fails to provide sufficient evidence to demonstrate that the proposed development would not adversely impact trees
Department of Infrastructure (DOI) Highways Division
Conditional No ObjectionDNOC on 02/02/18
Conditions requested: Prior to any construction the access shown on SC Consulting Services drawing no GH03 dated 03/04/2017 shall be constructed and the visibility splays shall remain unobstructed at a height of 1.05 m thereafter; Prior to the occupation of any dwelling the garage, car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter; Prior to the occupation of any dwelling the road and footway/footpath between the highway and dwelling shall be constructed to at least base course level
MUA Drainage
No Objectionproposed increased Plot 4 level of 16.047 on Drawing No's 17 and 18 is acceptable to Manx Utilities Flood Risk Management; levels proposed for Plots 1 to 3 and 5 to 8 as detailed on Drawing No's 17 and 18 are acceptable
Forestry
Conditional No ObjectionThe revised site layout is acceptable and the existing tree protection scheme (submitted Sep 2017) is still relevant and adequate
Conditions requested: Before any development or construction work begins, a pre-commencement meeting shall be held on site and attended by the developer’s appointed arboricultural consultant, the site manager/foreman and a representative from the Department to discuss details of the working procedures and check that all tree protection measures have been installed in accordance with the approved tree protection plan
The original application for 7 bungalows and 6 garages (ref 17/00462/B) was approved by the planning authority despite the Sulby Local Plan limiting the site to 2 dwellings, citing optimal use of land under SP1 and improvements over an extant 5-dwelling permission. The appellants (Lezayre Parish Commissioners) argued overdevelopment, cramped layout, harm to residential amenity, and unsafe access from the A3 TT Course. The planning authority and applicants defended the scheme as compliant with SP policies on character, amenity, highways (per DOI Highways), drainage, and trees. The inspector found the development acceptable in terms of character/appearance, residential amenity, trees, drainage, and bats (subject to conditions), but concluded the main access from Lezayre Road for 6 dwellings would create unacceptable highway safety risks due to excessive junctions, bus stop proximity, and actual traffic speeds, contrary to TP4. The appeal was allowed, reversing the approval with a refusal reason focused on highway safety.
Precedent Value
Even with planning authority and highway authority support, appeals can succeed if inspector finds highway safety risks unacceptable on cumulative evidence like junction density and actual speeds. Future applicants should prioritise side-road accesses over main roads (e.g. TT Course) and provide robust visibility/traffic data.
Inspector: Brian J Sims
