31 July 2020 · Planning Committee
Skeddan Veg, Fort Island Road, Derbyhaven, Isle Of Man, IM9 1tz
The proposal involves replacing a predominantly single-storey bungalow (203 sqm gross floor area, 158 sqm footprint) with a new two-storey house on a similar footprint but 77% larger in floor area, featuring a double pitch roof (8.5m ridge, 6m eaves), mix of dark timber cladding, Manx stone, painted render, and slate r…
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The officer acknowledged the proposal exceeds Housing Policy 14's 50% floor area limit (77% increase) and is two-storey, but found it acceptable due to the residential zoning on the Area Plan for the …
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale/form/design (b), not adversely affect landscape/townscape character (c), protect public sea views (e), and safeguard neighbour amenity (g). Officer assessed proposal's double pitch, materials, and separations as compliant despite size, fitting Derbyhaven's mixed styles without harm to streetscene or coastal character.
Housing Policy 14
Permits replacement dwellings not substantially different in size/siting unless environmental improvement; floor area not >50% greater. Proposal exceeds at 77% but exceptionally allowed for high-quality modern design with no adverse visual impact, using stone/slate, in residential-zoned coastal context with mixed architecture outweighing strict countryside tests.
Landscape Proposal 26
Maintain Derbyhaven's coastal character amid mixed buildings; no prescriptive guidelines needed. Proposal fits varied styles without harming views from Castletown/green areas.
Environment Policy 4
Alternative energy judged against environmental policies. Solar panels/ASHP acceptable with noise condition, enhancing efficiency without visual/amenity harm.
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Air source heat pump noise
The air source heat pump hereby approved must not result in a noise that exceeds 42 dB LAeq 5 mins where "LAeq 5 mins" means the A-weighted equivalent continuous sound pressure level over 5 minutes when measured at 1 metre external to the centre point of any relevant door or window to any neighbouring building as measured perpendicular to the plane of that relevant door or window. Reason: for the avoidance of doubt and to safeguard the amenities of neighbouring property.
no objection
Do not oppose - suitable open car parking for two vehicles, integral garage smaller than recommended but limited parking or storage can be provided
Highway Services and Malew Parish Commissioners raised no objections to the application, while Balladoyle residents strongly objected citing breaches of Housing Policy 14, adverse impacts on amenity, visual harm, and noise from an air source heat pump.
Key concern: breach of Housing Policy 14 due to 77.7% floor area increase in countryside location
Balladoyle
Objection"the proposed replacement house would be substantially different to the existing dwelling... in terms of its size. In particular, it would have a much larger footprint... and its floor area would be more than 50% greater"; "Derbyhaven is classed as 'a group of dwellings in the countryside'"; "an air source heat pump with more than three reflective surfaces . . . will not meet the MCS planning standards"; "We trust that the Planning Department will take note of the comments above and immediately reject the application"
Conditions requested: Strict compliance with email dated 08/10/2019 from Louise Samson, Senior Biodiversity Officer re PA19/01024/B; Contractors and vehicles not to park on Fort Island Road except loading/unloading, prohibited from driving on grass verges; Measures to avoid dust, dirt and debris on road and neighbouring properties; Noisy works only 09:00-17:00 Monday-Friday
Balladoyle
Objection"the noise from the heat pump will be well in excess of ambient conditions"; "an air source heat pump with more than three reflective surfaces . . . will not meet the MCS planning standards"; "the criterion adopted should be 2 dB(A) above the average sound pressure level in the specific location"
Department of Infrastructure (DOI) Highways Division
No Objection"Do not oppose"; "The integral garage is smaller than recommended dimensions, but would be suitable for limit car parking on separate storage being provided for bicycles and other items. Notwithstanding, the proposed forecourt is suitable to accommodate 'open' parking for two vehicles."
Malew Parish Commissioners
No Objection"Malew Parish Commissioners have no objections to the following Planning Applications."; 20/00514/B listed
The original application 20/00514/B for a detached replacement dwelling with integral garage was approved by Planning Committee despite neighbour objections. Neighbours Mary & Dennis Aram appealed on grounds of HP14 non-compliance, unacceptable ASHP noise, and procedural flaws in the officer report. The Inspector conducted a remote inquiry on 18 May 2021, assessed policy compliance including HP14 and GP2, found the proposal acceptable in character/appearance and amenity despite HP14 deviations, and recommended dismissal. The Minister concurred on 11 June 2021, upholding approval with conditions on ASHP noise.
Precedent Value
Demonstrates HP14 not absolute in settlements like Derbyhaven; contextual GP2 merits can override strict numerical criteria if positive contribution to character without harm. Future applicants should prioritise site-specific design over maximising size, provide robust noise evidence, ensure blank elevations to neighbours.
Inspector: Brian J Sims BSc CEng MICE MRTPI
