5 December 2018 · Head of Development Management (Stephen Butler)
Ballakilpheric Farm, Ballakilpheric, Colby, Isle Of Man, IM9 4bt
The proposal sought permission to build a two-storey detached house with a projecting front section, slated roof, painted render walls, grey plastic window frames, and large rear patio doors serving main living areas on an undeveloped plot within an approved trio of residential plots.
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The officer accepted the principle of a dwelling, access, and parking as compliant with no objections from authorities. The sole concern was the Arboricultural Officer of DEFA's advice that the propos…
General Policy 2
Requires developments consistent with zoning to respect site/surroundings in siting/layout/scale/design/landscaping (b), not adversely affect landscape/townscape character (c), incorporate existing topography/landscape features like trees (f), and not harm local amenity/locality character (g). Officer assessed proposal fails due to design/position/orientation harming tree retention via shading/pressure for removal from rear habitable rooms, despite RPAs outside footprint.
Environment Policy 3
Presumes against loss/damage to woodland with amenity/conservation value. Noted but not central to refusal; focus was GP2 tree incorporation/retention rather than direct woodland loss.
Did not oppose original plans subject to condition requiring car parking prior to occupation
Arbory Parish Commissioners initially requested more information on amended plans for application 18/00134/B but later supported it; Highways Division had no objection subject to a parking condition.
Arbory Parish Commissioners
No CommentThe Commissioners wished to be better informed about what had actually changed on the plans, and were minded to reiterate their previous comments regarding this site.; The Commissioners would also pleased if you could let them know what has changed with regard to the amended plans regarding application 18/00134/B so they can better assess the matter.
Arbory Commissioners
SupportArbory considered and supported all of the following applications. a) 18/00134/B - Plot 3 adjacent to Arbory Vicarage. Marbeg Properties. Amended plans.
Department of Infrastructure (DOI) Highways Division
Conditional No ObjectionHighway Services do not oppose this application subject to a planning condition for the parking to be provided prior to occupation of the dwelling and maintained unobstructed thereafter.; The proposed 4 bedroom dwelling would therefore have sufficient parking which is in excess of the parking standards in 'The Isle of Man Strategic Plan 2016' which requires 2 spaces.
Conditions requested: parking to be provided prior to occupation of the dwelling and maintained unobstructed thereafter
The original application for erection of a detached 4-bedroom dwelling was refused solely on the grounds that it would harm the future retention of amenity trees on the site. The appellant argued that the house is sited away from tree roots and canopies, sunlight issues are minimal, and tree protection under the Tree Preservation Act 1993 provides adequate safeguards. The Council countered that future occupiers would likely seek tree removal for light, outlook, and nuisance, risking conflict with policies GP2 and EP3. The inspector found no evidence of construction damage to trees, noted prior approvals and residential zoning, and concluded that statutory tree protection controls future risks adequately. The appeal was allowed with conditions for tree retention, protection plans, and removal of permitted development rights.
Precedent Value
This appeal sets precedent that prior approvals and residential zoning can outweigh tree retention concerns where statutory protections exist and construction impacts are mitigated by conditions. Future applicants should prioritise tree protection plans, licences, and conditions removing permitted development rights near trees.
Inspector: Michael Hurley BA DipTP
