14 September 2017 · Planning Committee
Field 612728, Baldrine Road, Baldrine, Isle Of Man, IM4 6dy
The application sought approval in principle for seven dwellings on Field 612728 and part of Field 612727 off Baldrine Road in Baldrine, including a new access road through adjacent land, footpath, passing bay and junction improvements.
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The site has been designated as suitable for residential development since the 2005 Laxey and Lonan Area Plan (L/RES/P/10), which specifically identifies it for housing potentially at higher density, …
Land adjacent to Highfield Drive - Area 13
Designates field 612728 suitable for residential development at relatively high density for first time buyers, acknowledging archaeological site and access through field 6254 (no dwellings there). Officer assessed proposal complies with principle, though noted low density of seven dwellings may not optimise land per Strategic Policy 1, but topography limits higher density.
No development permitted adversely affecting railways
Prohibits development adversely impacting appearance, character or views from Manx Electric Railway. Conditions ensure no additional drainage to MER, no access onto it, and suitable boundaries/landscaping.
No development affecting archaeological features
No approval where adversely affecting archaeological features or setting, requires Manx National Heritage consultation. Site has two archaeological sites; conditions require protection and presentation in reserved matters.
General Policy 2
Permits development per area plan zoning if respecting site/surroundings, amenities, highways, services, etc. Officer confirmed compliance via site allocation, highway improvements, drainage solutions, separations and no flood risk increase.
Strategic Policy 1
Optimise use of unused land efficiently. Noted seven dwellings low density, missing affordable housing (threshold 8+ units), but acceptable given topography.
Strategic Policy 4
Protect archaeological sites and setting. Conditions safeguard features.
Environment Policy 40
No development damaging archaeological sites. Proposal protects via reserved matters.
Transport Policy 3
New development not compromising rail routes as tourism/public transport. Conditions protect MER operation.
Time limit
The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.
Reserved matters application deadline
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.
Reserved matters approval
Approval of the details of siting, design, external appearance of the buildings, internal layout, landscaping and drainage of the site (mitigating any flood risk) (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.
MER level crossing signage
Prior to any development commencing, a signage scheme at the Manx Electric Railway level crossing shall be submitted to and approved in writing by the Department. The approved scheme shall be implemented prior to any of the approved dwellings becoming occupied.
Footpath construction
Prior to any of the dwellings hereby approved becoming occupied, the proposed footpath running parallel to Baldrine Road as shown on dwg no 16-01-01-A and 16-01-09-B shall be constructed to the satisfaction of the Department. The footpath shall be maintained thereafter as part of the public highway/public right of way.
Passing bay construction
Prior to any development commencing, a new 8.0m x 2.4m passing bay along Baldrine Road as shown on dwg no 16-01-01-A shall be constructed to the satisfaction of the Department. The passing bay shall be maintained thereafter as part of the public highway.
Sod bank and bend improvements
Prior to ANY development commencing, the realigned Manx sod bank / improvements to the 90 degrees on Baldrine Road as shown on dwg no 16-01-01-A shall be constructed to the satisfaction of the Department and maintained thereafter.
Junction improvements
Prior to any of the dwellings hereby approved becoming occupied, the junction improvements as set out in drawing number AT/ 16-01-10 shall be carried out to the satisfaction of the Department.
Parking and manoeuvring
Prior to the occupation of any dwelling the garage, car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter.
Internal roads and footpaths
Prior to the occupation of any dwelling the road and footway/footpath between the highway and dwelling shall be constructed to at least base course level.
Archaeological protection
The application for the reserved matters must demonstrate how the two sites of archaeological interest within the red and blue line areas, will be protected from damage during development and adequately safeguarded and presented thereafter including any reasonable requirement for access.
Tree protection
The application for reserved matters must provide details of the position of all trees, their species, height, grade and health and measures for protection for any trees which would be affected by the development including changes in level of the ground, in accordance with BS5837:2012 Trees in relation to design, demolition and construction.
MER safeguarding
The application for the reserved matters must demonstrate that the development will not adversely affect the operation of the Manx Electric Railway, in particular that the scheme will not allow any additional surface or drainage waters to run onto the MER over and above existing groundwater flows across the fields or place any reliance upon existing MER trackside drainage infrastructure and that the development does not provide or encourage pedestrian or vehicular access onto the MER.
No objection, requests tree details in reserved matters per BS5837:2012
No objection provided no adverse impact on Garwick Stream
No issues if connected to main sewerage
Accept connection to main foul sewerage system
Acceptable on balance with improvements, despite some concerns
Seek assurances on drainage, access and boundaries re MER, no explicit objection
Highways Division provides conditional no objection after detailed assessment and amendments, subject to multiple highway safety conditions; other consultees including DEFA Fisheries, Arboricultural Officer, Transport Services, Manx Utilities, and Garff Commissioners raise no objections or minor concerns on drainage, trees, boundaries, and flooding.
Key concern: Access road gradient of 1:12 problematic in winter and for pedestrians
Department of Infrastructure (DOI) Highways Division
Conditional No ObjectionDNOC on 24/08/2017; the proposals are considered on balance to be acceptable; Based on the relevant standards in the Manual For Manx Roads and Manual For Streets the stopping sight distances for vehicles should be in the region of 47m
Conditions requested: Prior to development commencing, a signage scheme at the Manx Electric Railway level crossing shall be submitted to and approved in writing by the Department. The approved scheme shall be implemented prior to development becoming occupied.; Prior to development becoming occupied, the proposed footpath running parallel to Baldrine Road as shown on dwg no 16-01-01-A and 16-01-09-B shall be constructed to the satisfaction of the Department. The footpath shall be maintained thereafter as part of the public highway / public right of way.; Prior to development commencing, a new 8.0m x 2.4m passing bay along Baldrine Road as shown on dwg no 16-01-01-A shall be constructed to the satisfaction of the Department. The passing bay shall be maintained thereafter as part of the public highway.; Prior to development commencing, the realigned Manx sod bank / improvements to the 90 degrees on Baldrine Road as shown on dwg no 16-01-01-A shall be constructed to the satisfaction of the Department and maintained thereafter.; Prior to development becoming occupied, the junction improvements as set out in drawing number AT/16-01-10 shall be carried out to the satisfaction of the LPA.; Prior to the occupation of any dwelling the garage, car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter.; Prior to the occupation of any dwelling the road and footway/footpath between the highway and dwelling shall be constructed to at least base course level.; The development shall be limited to no more than 7 dwellings unless otherwise approved in writing by the LPA.
DEFA Fisheries
No ObjectionDEFA Fisheries have no objection in principal to the proposed development, provided there is no adverse impact on the Garwick stream
Conditions requested: Complete a 'Development within 9m of the Watercourse' form once a full planning application is submitted
DEFA Arboricultural Officer
Conditional No ObjectionI have no objection to the approval of this application but recommend that the following condition is attached
Conditions requested: The plans and particulars submitted in accordance with condition [X] shall include: (a) A plan showing the position of every tree... (b) schedule per BS5837:2012 paragraph 4.4.2... (c) details of ground levels, root protection area per paragraph 4.6, tree protection measures per paragraphs 5.5 and 6.2 of BS5837:2012
Transport Services Division
Conditional No ObjectionThe Transport Services Division requests that the following points are fully addressed in any approvals relating to this scheme
Conditions requested: The development must not allow additional surface or drainage waters to run onto the Manx Electric Railway (MER)...; The construction of any new pedestrian or vehicle accesses or gateways are to be expressly prohibited through the existing boundary with the Manx Electric Railway; If the change of use to residential requires changes to the boundary measures, they are to be provided and maintained by the adjoining land owner and be of a type agreed with ourselves; Any proposed alterations to the vegetation and landscaping near the boundary are to be agreed with ourselves
Manx Utilities
No Objectionthese dwellings will be allowed to connect to mains sewerage so they will not require a discharge licence
Garff Commissioners
No ObjectionThe Commissioners have no objection to the proposals to install a white line to assist the passage of pedestrians down to the A2 Highway; they defer to the expertise of the Highways Authority on this matter
Garff Commissioners
No ObjectionThe Planning and Building Control Directorate must be satisfied that the storm water proposals presented by the applicant are adequate
Garff Commissioners
No ObjectionMembers request that the Flood Risk Management Engineer at the MUA is asked to investigate and report
The original application for approval in principle for 7 dwellings with access was approved by the DEFA Planning Committee despite significant public objections, as the site (Field 612728) is designated as 'Proposed Residential' (Area 13) in the LLAP 2005, with access via unallocated Field 612727. The appellant argued against the proposal on grounds of inadequate sewerage (contrary to LLAP requirements for on-site treatment), surface water flooding risks, highway safety on narrow Baldrine Road, harm to the Manx Electric Railway (MER) and archaeological sites. The Planning Authority and applicant defended the scheme, supported by technical consultees (MU, HS, MNH) confirming capacity for mains sewerage connection post-upgrades, acceptable highway improvements, and no harm to heritage assets. The Inspector found the principle of development established by LLAP allocation, material considerations (including MU discharge licence limits and infrastructure improvements) outweighed LLAP drainage wording, low traffic generation acceptable with mitigations, and no adverse impacts on MER or archaeology; recommended dismissing the appeal. The Minister accepted this, upholding approval with 13 conditions focused on highway works, reserved matters, archaeology, trees and MER protection.
Precedent Value
Demonstrates material considerations (technical authority confirmations, infrastructure evidence) can override strict local plan wording on allocated sites; low-scale proposals with mitigations succeed despite public opposition if consultees satisfied. Future applicants should secure early consultee buy-in and limit scale to minimise strain.
Inspector: Anthony J Wharton
