20 March 2012 · Independent Inspector Stephen Amos (appeal inquiry)
Part Of Garden Of, Shan Vallah, The Colony, Port Lewaigue, Ramsey, Isle Of Man, IM7 1al
The proposal was for a two-storey detached dwelling with gabled elevations, half-timbered design, painted render walls and red tile roof on a well-vegetated rectangular plot (18.5m frontage) in The Colony, a private cul-de-sac of Arts and Crafts style properties.
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The inspector found the proposal would cause significant harm to the character and appearance of The Colony due to its cramped form, only 1.5m from the southwest boundary with Shan Vallah, creating a …
General Policy 2
Requires development to avoid adverse effects on character of locality (g) and amenity of residents (g), and ensure all necessary services provided (j). Inspector found failure on cramped character/amenity harm from siting/overlooking, and drainage unproven due to land/tree access issues.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This permission relates to the erection of a dwelling as shown in drawings 01, 02 Rev 5, 04 Rev 2, and 10 all received on 23rd September, 2011, D01 Rev D, D02 Rev A received on 13th October, 2011 and 03 rev A received on 1st February, 2012.
Materials approval
Prior to the installation or erection of any of the following: roof tiles, external facing timberwork, dormer windows, cills and lintels, further details in the form of large scale drawings or sample materials must be approved by the planning authority.
Tree protection
Notwithstanding drawing 03 rev A, no permission is hereby granted for the removal of the tall pine closest to the road (the one which is not leaning into the site).
no objection; drainage/visibility/highway concerns addressed by WASA/Highways; design appropriate subject to details
no objection subject to conditions on sewage connection and no surface water to foul system; bio-disc, gray-water harvesting and swale acceptable
no objection provided 2m x 18m visibility splays; manoeuvring on private land acceptable
Multiple neighbouring residents objected to the application citing concerns over design incompatibility, road safety, drainage, and tree removal, while statutory consultees including the Tree Officer, Water Authority, Manx Electricity Authority, and Maughold Parish Commissioners raised no objections or conditional no objections.
Key concern: null
Tree Officer (Jason Bolt)
Conditional No ObjectionI would foresee, we as a Department, would have little objection to the removal of the leaning specimen.; Both trees are in good health and visually I can see very little wrong with them.; The remaining tree specimens within the boundary are of minimal value... There will be no objection or comment from ourselves regarding these
Conditions requested: Removal of leaning pine specimen only if taller straighter pine is retained; Compliance with Wildlife Legislation for tree/shrub removal
Isle of Man Water and Sewerage Authority
Conditional No ObjectionNo Objection: - subject to the following conditions; The use of such a system will not form part of the public surface water drainage system and will remain private at all times.
Conditions requested: Tail drain from package sewerage treatment plant must be connected to public sewer(s) in manner acceptable to Authority, conforming to 'Manx Sewers for Adoption' with inspections/surveys including CCTV at developer’s expense; 21 days written notice prior to communication to public sewer per Sewerage Act 1999; NO discharge of surface water (including roofs and paved areas) to foul drainage system(s); Full Building Control approval required for gray water harvesting system; No overflow from gray water unit permitted to public foul drainage system
Manx Electricity Authority
No ObjectionThe Authority wish to express their interest... and request that 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.
Conditions requested: Applicant must contact MEA Planning Department (Tel. 687781) to discuss electricity supply; Contact MEA Network Operations (Tel. 687687) re working practices around cables/overhead lines; Obtain Electrical Site Safety 5 documents (Tel. 687766)
Maughold Parish Commissioners
No ObjectionHaving re-considered the application and the views of other Interested Parties the initial decision of the Commission not to object to this application was maintained.; The concerns regarding road safety issues at the entrance to The Colony will be raised in due course with the Highways Authority through separate means.
The original application (11/01333/B) for a 2-storey detached dwelling was approved by the Planning Committee despite prior refusals on similar sites due to drainage, design, and highway issues. Multiple third parties (Mr J Funnell, Mr T Llewellyn-Jones, Mr M Rissbrook) appealed, arguing harm to character, overlooking, tree loss, drainage inadequacy, and highway safety. The applicant defended the scheme citing prior approvals in principle, Building Control acceptance of drainage, sympathetic design, and no objections from highways or WASA. The inspector found significant harm to character/appearance from cramped form, material overlooking of Shan Vallah and Close Foillan, and unresolved surface water drainage issues due to land ownership and tree removal constraints, outweighing no highway harm. The appeal was allowed, reversing approval and refusing permission under General Policy 2(g) and (j).
Precedent Value
This appeal demonstrates third parties can successfully overturn approvals via public inquiry by providing technical evidence on drainage feasibility, tree impacts, and privacy harms that councils overlook. Future applicants must prove schemes are fully deliverable within owned land boundaries and rebut objector evidence robustly, especially on GP2(g)/(j) matters.
Inspector: Stephen Amos MA(Cantab) MCD MRTPI
