24 June 2020 · Delegated - Principal Planner Sarah Corlett
Field 314758, Main Road, St Johns, Isle Of Man, IM4 3lx
The proposal involves building a single-storey bungalow (11m x 26m footprint, 7m ridge height, 2.5m eaves) on field 314758 south of Balladoyne Estate, including a permanent access road (70m long, 4.4-4.8m wide) through the estate and temporary construction accesses from the A1 via adjacent fields.
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
The officer assessed the proposal against the strict Development Brief for Area 1 in the St John's Local Plan 1999 (Res/P/1), finding it failed on key tests: no prior approval for full roads/sewers/pl…
Residential Development within Development Area 1
Requires max 6 single-storey units, prior approval of roads/sewers/plots/landscaping, no construction through Balladoyne, permanent access via estate ok, archaeology scheme, no new dwellings behind Balladoyne Farm. Proposal failed on roads/sewers detail (c), construction route (d), archaeology (f); officer viewed these as essential to minimise amenity/highway impacts and protect Tynwald setting.
General Policy 2
Requires accordance with area plan design brief (a), no adverse amenity (g), safe access/parking (h), no road safety harm (i), services provision (j), no prejudice to adjoining land (k). Failed due to brief non-compliance undermining coordinated development, unsafe construction access lacking details, potential amenity/highway harm.
Policy OS/P/1 St John's Local Plan
Presumes against development on open space except designated residential. Construction access through field 312711 (open space) contributed to brief failure but temporary nature assessed separately.
presumes against any development which would adversely affect the southerly open countryside views from Peel Road
No development adversely affecting southerly views from Peel Road to Slieau Whallian. Single dwelling sited away from road, behind estate, unlikely to harm views.
PEA acceptable with suggested conditions for bats, birds, lizards, lighting, invasive species
Tree loss acceptable with mitigation; conditions for access/tree protection needed
No objection to development of dwelling
DEFA Arboricultural Officer, Senior Biodiversity Officer, and Highway Services raised concerns about tree protection, ecological surveys, and inadequate access details; German Parish Commissioners objected due to unclear boundaries; interested parties opposed construction access through Balladoyne Estate.
Key concern: Insufficient details demonstrating safe highway construction and permanent access
Andrew Igoea, Arboricultural Officer, DEFA
Conditional No ObjectionDue to the removal of trees within the footprint of the building and in the hedge affected by the formation of the access I think it would be reasonable to request a landscaping plan which includes some replanting.; I have great concerns about access through this area as there are many trees which could be affected.; The construction of the temporary access should be formed on top of the existing ground levels with measures in place to prevent compaction of the soil environment and any other direct or indirect damage to the trees.
Conditions requested: Landscaping plan including replanting prior to determination or by condition; Condition excluding Station Road access option; Prior to commencement, method statement for temporary access road across field 312711 addressing compaction and tree damage during formation, removal and reinstatement phases
Louise Samson, Senior Biodiversity Officer, Ecosystem Policy Team, DEFA
Conditional No ObjectionThe proposed development is in an area of semi-natural habitat we therefore request... a Preliminary Ecological Appraisal (PEA)... prior to the determination of this application.; There is potential for bats to be roosting in mature trees impacted by the construction access road.; The Ecosystem Policy Team concurs with the recommendations of Andrew Igoea, Arboriculture Officer, DEFA.
Conditions requested: Preliminary Ecological Appraisal (PEA) by suitably qualified ecologist prior to determination; Mitigation plan for protected species if identified by PEA prior to determination; PEA to identify Schedule 8 Part II Wildlife Act invasive non-native species
Louise Samson, Senior Biodiversity Officer, Ecosystem Policy Team, DEFA
Any ecological surveys/reports more than 3 years old are considered to be out of date. See CIEEM's Advice Note on Lifespan of Ecological Surveys and Reports.
Conditions requested: Preliminary Ecological Appraisal (PEA) adhering to CIEEM guidelines by suitably qualified ecologist prior to determination
Louise Samson, Senior Biodiversity Officer, Ecosystem Policy Team, DEFA
Conditional No ObjectionThe western access route for the proposed development site has been excluded from the ecological survey.; Section 6.2 of the PEA identified the requirement for a lighting plan due to the high density of bats in the local area.; We can confirm that the PEA is otherwise in order and an appropriate level of assessment has been undertaken.
Conditions requested: Condition to prevent use of western access or require PEA of western route prior to works/use; No external lighting unless detailed scheme approved per BCT and ILP Guidance Note 8; Development per reasonable avoidance measures in PEA sections 6.7, 6.8, 6.11-6.16 for birds and lizards; Development per management prescription for non-native hybrid bluebells in PEA section 6.25
Department of Infrastructure, Highway Services
ObjectionHighway Services would have opposed the proposal and requested additional details; The application submission as revised... fails to fully demonstrate that safe highway access for construction traffic is achievable; Highway Services would raise opposition to the proposal as revised
Conditions requested: Pre-commencement conditions for visibility splays within red line at 1.05m height, access layout/radii, swept path analysis, wheel wash, construction materials/depth, tree protection, lane treatment, Balladoyne restriction, reinstatement/construction schedule; Amendments to Planning Department's conditions for debris prevention, Balladoyne measures, waste bin point, visibility splays clarity
German Parish Commissioners
ObjectionMy Commissioners object to this application as they require further clarification on the application.; To date no further information has been received therefore I request a deferment on the decision on this application.
Conditions requested: Definitive map showing proper boundaries or explanation; Deferment until Commissioners meet again
The original application for a detached bungalow was refused under delegated powers primarily for non-compliance with St John's Local Plan Development Brief requiring advance details of roads/sewers for the whole site, no construction access via Balladoyne Estate, and lack of archaeological investigation. Appellant argued the single dwelling complied with the 'up to 6' limit, provided sufficient turning head details, submitted geophysical survey showing no keeill but a prehistoric cairn, and that Balladoyne access was suitable for minimal construction traffic with highways approval. Council defended refusal citing prematurity and highway safety risks. Inspector found the proposal acceptable in principle for one dwelling, construction access via Balladoyne acceptable given scale, archaeology/ecology mitigable by conditions, and recommended approval without requiring full site layout details or prohibiting Balladoyne use.
Precedent Value
Demonstrates flexibility in local plan allocations for phased/single-unit development where brief requirements proportionate to scale; construction access prohibitions may not apply to minimal traffic; conditions can secure archaeology/ecology without full pre-submission details.
Inspector: Brian J Sims
