16 November 2011 · Planning Committee
Lily Bank, Kionslieu Hill, Foxdale, Isle Of Man, IM4 3hb
The application proposed replacing an existing partly single/two-storey stone outbuilding (approx 110m² floor area) with a new storey-and-a-half garage and store (12m x 5m, 3.8m eaves, 5.2m ridge, 100m² floor area) on a similar footprint, and erecting a new single-storey detached building (13.8m x 8.8m, 121m²) for two …
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The officer assessed the proposal against General Policy 2, concluding it respects the site and surroundings in terms of siting, layout, scale, form and design as the garage replaces a similar-sized e…
Strategic Policy 8
Permits tourist proposals using existing fabric without adverse environmental/highway effects. Not strictly applicable as site in residential settlement (not countryside), but assessed favourably under GP2; no countryside intrusion.
General Policy 2
Requires development respecting site/surroundings, no adverse landscape/amenity/highway impacts, satisfactory access/parking/services. Garage acceptable replacement; units low-impact due to single storey, setback, screening, separate parking; highways satisfied by widened access.
Environment Policy 3
Prohibits unacceptable woodland loss. Small sycamore removal ok (Forester/site visit confirmation); conditions protect registered trees during works/replacement if die within 5 years.
Business Policy 11
Tourism must meet sustainable objectives/countryside protections. Not countryside location, so no adverse impacts.
Foxdale Local Plan Policy F/P/T/1
Encourages Foxdale tourism (conversions/expansions) without countryside harm (visual/traffic/servicing). Site residential in settlement; no such impacts.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to the erection of a replacement building to create a garage and store and the erection of a detached building to provide two tourist accommodation units, as shown in drawing numbers 12A and 20 date stamped 30 June 2011, in addition to drawing numbers 01, 13A and 14 date stamped 12 September 2011.
Tree protection scheme
No development shall commence until a scheme has been submitted to and approved in writing by the Planning Authority to safeguard the existing trees within the site and those trees whose root structure may extend within the site, from damage or injury during construction works. In particular no excavations, site works, trenches or channels shall be cut or pipes or services laid or any other works carried out in such a way as to cause damage or injury to the trees by interference with their root structure and no soil or waste shall be deposited on the land in such a position as to be likely to cause damage or injury to the trees.
Tree retention/replacement
The existing trees shown on the drawing to be retained shall not be cut down, grubbed out, topped, lopped or uprooted without the written consent of the Planning Authority. In the event that any of the trees referred to should be removed without such consent or should die, become seriously damaged or diseased within a period of 5 years from the completion of the development, they shall be replaced in the next planting season with another of similar species in the same location, unless the Planning Authority has given written consent to any variation.
Holiday let restriction
The accommodation created by this approval must be used only as holiday accommodation for individual lets not exceeding four weeks in duration. For the avoidance of doubt, no approval should hereby be conferred by this approval for the use of the new accommodation as separate dwellings.
No objection after amended plans and discussion; units would not look out of place despite finish not fully complying with Foxdale Plan
No opposition; no adverse traffic management, parking or road safety implications
No objection subject to connection to public sewer acceptable to them and no surface water to foul systems per Sewerage Act 1999
No problem with sycamore removal as small tree with adequate surrounding cover
Multiple consultees responded to planning application 11/00893/B, with initial objections from Fire Service, Highways Division, and Patrick Parish Commissioners withdrawn or resolved after amendments, resulting in no objections from Tree Officer, Parish, and utilities, alongside conditional approvals and one neighbour objection.
Key concern: Fire escape through lounge trapping occupants in bedrooms
Tree Officer
No ObjectionThere should be no problem with this with regards to the tree. It is as you say one of the smaller trees on the site and there is adequate tree cover within the surrounding area.
Manx Electricity Authority
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority.; See Note 2
Conditions requested: a condition of planning be that the applicant must contact the Authority; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application
Patrick Parish Commissioners
No ObjectionThe Commissioners therefore have no objection to the Application being approved.; The Commissioners accept that the revised plans deal with the first point of objection detailed in their letter of August 9th 2011.; although the finish of the proposed Tourist units does not conform to the requirements of the Foxdale Plan, they will not look out of place where they are to be sited.
Isle of Man Water and Sewerage Authority
Conditional No ObjectionNo Objection: - subject to the following conditions:-
Conditions requested: The proposed dwellings must be connected to the public sewer(s) in a manner acceptable to the Isle of Man Water & Sewerage Authority. All drainage works must conform to the requirements of “Manx Sewers for Adoption” and all necessary inspections/ surveys [including CCTV] are to be carried out at the developer’s expense.; In accordance with the Sewerage Act 1999, a communication fees will be payable to the Isle of Man Water & Sewerage Authority in respect of each of these properties being connected (directly or indirectly) to the public drainage system.; There must be NO discharge of surface water (including that from roofs and paved areas) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Isle of Man Water & Sewerage Authority and the Sewerage Act 1999.; Under section 4(3) of the Sewerage Act 1999 the applicant must give 21 days notice, in writing, to the Authority, prior to making any communication to the public sewer.
Isle of Man Fire & Rescue Service
ObjectionThis Department recommend refusal of this application due the means of escape being through the lounge.; Accordingly, the applicant is advised to consult with the Fire Safety Department.
Highways Division
No CommentDefer
Neighbour
ObjectionWe have no objection in principle to the proposed buildings, provided that they are used for holiday accommodation, as indicated in the proposal.; We suggest that the sewer is removed from the field and redirected into the manhole on our property further up the hill and closer to Lilybank.
The original application 11/00893/B for erection of a replacement building (garage and store) and a detached building for two tourist accommodation units at Lilybank, Kionslieu Hill, Foxdale was permitted by the Planning Committee on 10 November 2011 following consideration of the case officer's report. Neighbours Julia and Mike Duffy, owners of Rosehill Cottage, appealed the approval on 5 December 2011, arguing that the existing sewer serving Lilybank is defective, non-compliant with building regulations, and inadequately covered by deeds of easement for additional properties. They detailed issues including incorrect pipe diameters, shallow depth, horizontal sections causing blockages and sewage overflow onto their land, and legal restrictions on adding units without renegotiation. The appeal was scheduled for an informal hearing on 6 March 2012 but was withdrawn by the appellants prior to the hearing on or before 7 March 2012, as confirmed by the Planning Appeals Administrator. Consequently, the Planning Authority's approval decision stood, with no inspector analysis or conditions from the appeal.
Precedent Value
This case shows third parties can successfully use appeals to force negotiation on infrastructure issues even after approval; future objectors should gather surveyor reports and legal advice early, but be prepared to withdraw if applicant commits to fixes in writing.
