17 February 2016 · Planning Committee
Land To West Of Old School House, Main Road, Sulby, Isle Of Man, IM7 2hp
The proposal seeks approval in principle for a new dwelling on a site previously occupied by the Old School House, which was demolished years ago. The indicative plans show an L-shaped dwelling centrally positioned with a front elevation level with the adjacent Old Sulby School, plus a detached double garage along the …
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The site is designated for residential development under the Sulby Local Plan, making the principle of a single dwelling acceptable, provided other material considerations are satisfied.
Strategic Policy 1
Requires optimising use of previously developed land, efficient site use, and utilising existing infrastructure. The officer noted the site as previously developed (former Old School House location) with existing access, making it compliant.
Strategic Policy 2 - Priority for new development to identified towns and villages
Permits development primarily in towns/villages, countryside only exceptionally. Sulby is a designated village, so residential development aligns with policy.
Spatial Policy 4
In remaining villages like Sulby, development must maintain settlement character and meet local housing needs within defined boundaries. The proposal's scale (single dwelling) is appropriate for local needs without harming village character.
Strategic Policy 4
Requires protection/enhancement of registered buildings' fabric and setting. Indicative design replicating original dwelling ensures no adverse impact on adjacent registered buildings.
General Policy 2
Permits zoned development if it respects siting, scale, design, amenities, highways, and avoids adverse impacts. Proposal satisfies via central siting, highway-compliant access, and conditional design to match locality.
Time limit for commencement
The works hereby granted registered building consent shall be begun before the expiration of four years from the date of this consent.
Reserved matters application time limit
Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.
Approval of reserved matters
Approval of the details of design, siting, external appearance of the buildings, internal layout, parking layout, and landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.
Minimum parking provision
Any reserved matters planning application must include provision for the parking of a minimum of 2 cars within the curtilage of the application site.
Design to match original dwelling
The new dwelling should be two storey in height and follow the proportion, form, design and finish of the original traditional dwelling on the site, as seen in the submitted photograph received on 13th July 2015.
Visibility splays
Prior to any work commencing on site the visibility splays as shown on drawing 202 are required to be provided and thereafter kept permanently clear of any obstruction exceeding 1.05m in height, within the applicant's ownership, above adjoining carriageway level. Should any roadside pillar/wall within the applicant control required to be altered this should be submitted as part of the Reserved Matters application.
recommended an approval
do not oppose subject to visibility splay condition
Lezayre Parish Commissioners approved the application unanimously in both consultations with a query about parking restrictions for visibility splays; Highways Division issued DNOC requiring specific visibility splay conditions.
Key concern: St Stephen's Church and Church Hall are in regular use several times a week
Lezayre Parish Commissioners
SupportApproved Unanimous.
Lezayre Parish Commissioners
SupportApproved Unanimous.; The Commissioners appreciate that although the plans do show that a visibility splay of 54m in both directions can be achieved, they wish to state that St Stephen's Church and Church Hall are in regular use several times a week. Will it therefore be necessary to create a "no parking area" (double Yellow Lines) to the front of this hall/church to enable the required visibility to be achieved.
Department of Infrastructure (DOI) Highways Division
Conditional No ObjectionDo not oppose with condition/comment; DNOC on 22.1.16
Conditions requested: Visibility splays of 2.4 x 54 metres in both directions over land within the ownership of the applicant must be achieved. Nothing must be erected or planted which may exceed 1.05 metres within the splays.
Lezayre Parish Commissioners appealed the Planning Committee's approval in principle for a dwelling addressing siting and access on Site B (land west of Old School House). The appeal raised concerns over procedural irregularities, Registered Building curtilage, highway safety, and zoning. The Planning and Building Control Directorate (PBCD) defended the approval, arguing the principle of residential development is acceptable in the residential-zoned area, potential impacts on Registered Buildings could be addressed at reserved matters, highway issues were resolved, and character impacts positive. The inspector found Site B acceptable as it would not harm Registered Building settings, preserve townscape character, and provide acceptable highway safety, recommending dismissal of the appeal. The Minister accepted the recommendation, upholding the approval with corrected conditions.
Precedent Value
This appeal shows inspectors prioritise current site realities and practical highway solutions over theoretical standards, especially with no accident history. Near-RB developments succeed at AIP if design conditions ensure protection, but proximity to sensitive settings like churches remains harmful.
Inspector: Anthony J Wharton BArch RIBA RIAS MRTPI
