16 July 2019 · Planning Committee
Wren Cottage, Main Road, Sulby, Isle Of Man, IM7 2hp
The proposal is for a new detached two-storey dwelling with a rectangular footprint, pitched roof, Manx stone, vertical cedar boarding, render, and dark natural slate, including two parking spaces and rear garden, accessed via a shared driveway from Main Road.
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The officer attached significant weight to the prior Approval in Principle (15/00794/A), establishing the principle of residential development, siting, and access as acceptable, despite the site's zon…
Strategic Policy 4
Requires protection/enhancement of registered buildings' settings. Officer assessed proposal's reduced height (7m ridge below church 9.2m/hall 7.3m), setbacks (5-7m), dark render/cedar to match/blend, gable replication, finding it subservient, not dominating, and improving over existing garage, unlike refused prior scheme.
General Policy 2
Permits zoned development respecting site/surroundings in siting/scale/design, not adversely affecting amenities/highways/landscape. Tested against visual impact (blends via finishes/setbacks), highway safety (splays/parking compliant), residential amenity (views/garden), landscape (within existing group, not expansion), finding compliance despite zoning tension resolved by history/prior AiP.
Transport Policy 7
Requires parking per standards. Two spaces (2.5x5m) with turning provided, complying with Manual for Manx Roads.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Windows and doors approval
No works shall commence until full details of the proposed external windows and doors, have been submitted to and approved in writing by the Department. The works shall not be carried out unless in accordance with the approved details.
Tree protection fencing
No site works or clearance shall be commenced until protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) have been erected around any existing trees. Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works.
Parking and turning provision
The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Visibility splays
Prior to any work commencing on site the visibility splays as shown on drawing 1440.R3 are required to be provided and thereafter kept permanently clear of any obstruction exceeding 1.05m in height, within the applicants ownership, above adjoining carriageway level.
Materials and finishes approval
No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, cedar cladding and details of the colour and texture of the render, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.
No extensions
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.
No garages or free-standing buildings
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no garages or other free standing buildings shall be erected within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.
No front boundary enclosures
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department.
No garden sheds or summerhouses
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no garden sheds or summerhouses shall be erected or placed within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.
No greenhouses or polytunnels
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no greenhouses or polytunnels shall be erected or placed within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.
Parking and turning acceptable; visibility splays need amendment to 2.4m x 54m as per prior approval (later addressed by applicant)
Highway Services objects due to inadequate and uncontrollable visibility splays crossing third party land, posing highway safety risks. Lezayre Parish Commissioners objects citing harm to the setting of St Stephen's Church and landscape character based on prior appeal dismissal, …
Key concern: inadequate highway visibility splays crossing uncontrollable third party land
Highway Services Division
ObjectionHighway Services opposes the application on highway safety grounds as it has not been demonstrated that highway visibility would be sufficient and permanently maintained.; The applicant would have no powers to ensure that the visibility splay across the neighbour's land would be permanently maintained and/or vegetation kept below 1.05m in height
Highway Services Division
ObjectionHighway Services opposes the application on highway safety grounds as the highway visibility splays have not been drawn correctly and therefore do not demonstrate that visibility would be sufficient.
Lezayre Parish Commissioners
ObjectionOverall a separate residential development of this site would, in my view, be significantly harmful to the setting of the church. It would neither protect nor enhance the setting and would, therefore, be contrary to policy SP4 of the Isle of Man Strategic Plan.; Refused Unanimous
Resident of 9 Kella Close, Sulby
ObjectionI strongly object to this application.; a separate residential development of this site would, in my view, be significantly harmful to the setting of the church
Precedent Value
Demonstrates that design amendments addressing prior refusals (scale subservience to Registered Buildings) can succeed on appeal despite history of Inspector concerns; visibility shortfalls tolerable if existing access/shared interest improves safety practically. Future applicants should prioritise Registered Building-sensitive designs and evidence visibility improvements.
Inspector: Brian J Sims BSc CEng MICE MRTPI
