17 November 2017 · Planning Committee
Field 320653, Main Road, Crosby, Isle Of Man, IM4 2ee
The proposal sought approval for detailed design of 21 four-bedroom houses and a commercial building (retail with office space above) including parking, drainage, landscaping, lighting, access, bus layby and pedestrian crossing on a field in Crosby village centre.
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The Planning Committee declined the officer's recommendation for approval, finding the 21 proposed dwellings unacceptable due to their uniform plain render finishes, projecting front elements, and 'la…
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale/design/landscaping, not adversely affect landscape/townscape character, amenity or road safety. Committee found dwellings' bland design adversely affected character/appearance (b,g); officer deemed compliant with site allocation.
Spatial Policy 5
New development must make positive contribution to Island environment, supported by Design Statement where appropriate. Committee ruled dwellings' lack of detail/features failed this; officer noted modern design with traditional materials appropriate for mixed Crosby.
Strategic Policy 4
In villages like Crosby, development maintains settlement character at scale for local housing/employment needs. Committee found retail exceeded appropriate scale; officer considered suitable for village convenience serving locals/passing traffic.
new retail provision at a scale appropriate. Major retail development proposals to be supported by Retail Impact Assessment
Supports retail in existing areas at scale not adversely affecting adjacent retail; major (>500 sqm) needs impact assessment. Committee cited alongside BP10; officer noted <500 sqm, no demonstrated detriment.
Business Policy 10
Retail only in town/village centres except neighbourhood shops in large residential areas; new neighbourhood shops normally <100 sqm. Committee found size/nature inappropriate; officer justified larger scale serving wider village/traffic.
No objections to revised plans; parking reasonable (33 spaces including disabled); desirable cycle racks; conditions on access/parking recommended
Satisfactory drainage subject to licences; no adoption of temporary works until mains connection; no flood risk concerns
No further bat concerns re lighting; montbretia (Schedule 8) to be dealt with pre-commencement; condition on pipework route
Condition to prevent stream disturbance with construction method statement
Manx Utilities Authority has no objection subject to conditions on temporary sewage treatment plant maintenance and operation. Marown Parish Commissioners strongly object on multiple grounds including prematurity, traffic, drainage, policy non-compliance, and design issues.
Key concern: application premature pending Eastern Area Plan Public Inquiry with site offered as call for sites
Manx Utilities Authority
Conditional No ObjectionManx Utilities Authority has assessed the above planning applications and would like to advise you that the Authority has no objection subject to the following condition/s; until this development is connected to the public system and the temporary treatment plant has been decommissioned, the drainage infrastructure system installed by the developer will remain private at all times
Conditions requested: detailed operation and maintenance programme submitted for consideration by the Planning Committee and DEFA Environmental Health Division; communication fee payable under Sewerage Act 1999 for each property connected to public drainage system
Marown Parish Commissioners
ObjectionThe Commissioners submit that the Planning Committee must refuse the Application; A further biodisc draining into the same small river at virtually the same point is not good practice and presents an unacceptable risk of pollution
Conditions requested: care and maintenance of open space areas by management company funded by ground rent written into conditions; street-lighting scheme maintenance by applicant via management company with Crosby burning regime; applicant responsible for biodisc system maintenance; construction hours no earlier than 0800 no later than 1900 Mon-Fri, possible later start lunch finish Sat, no Sun/public holidays
Marown Parish Commissioners
ObjectionThe Commissioners trust that the Planning Committee will refuse the Application
DEFA Inland Fisheries
Conditional No ObjectionPrecautions will be needed to reduce the possibility of harmful materials such as concrete or sediment entering the stream during these works
Conditions requested: no disturbance of bed or margins of stream including in-channel works or machinery entry; construction method statement submitted and approved prior to path, culvert, embankment works to reduce fish disturbance risk, works per approved details
Marown Parish Commissioners
ObjectionThe Commissioners trust that the Planning Committee will refuse the Application and require the applicant to submit a final plan for the entire site
Department of Infrastructure Highways Division
No CommentNone of these items have been included in the application and are required before an assessment of the application can be made; Highway Services requests that the application is deferred until this condition has been complied with
The original reserved matters application for 21 dwellings and a retail unit on part of a farm field in Crosby was refused by the Planning Committee primarily for poor design, excessive retail scale, and unauthorised office inclusion. The appellant argued the changes were de minimis under Wheatcroft principles, designs were acceptable, local support existed for larger retail, and office was ancillary. The inspector found dwellings visually acceptable but rejected office as a material change contravening Business Policy 7 and retail as major development (>500m²) without Retail Impact Assessment per Business Policy 9, beyond scope of outline approval. Sewage and overlooking concerns were dismissed. The Minister agreed with the inspector's split recommendation, allowing dwellings subject to conditions and refusing the retail unit.
Precedent Value
Confirms reserved matters strictly limited to design/appearance/layout/landscaping; cannot introduce new uses or major scale increases without fresh application. Future applicants must ensure schemes match outline parameters exactly or seek full approval for variations, with RIA mandatory for major retail.
Inspector: Michael Hurley BA Dip TP
