21 February 2019 · Planning Committee on 07.01.2019 (decision notice issued after Section 13 agreement concluded)
Field 320653, Main Road, Crosby, Isle Of Man, IM4 2ee
The proposal involves building 28 houses (including 7 affordable units already under construction) and a retail building of 482 sqm split into two shop units (94 sqm and 274 sqm), with associated parking (33 spaces for retail), bus lay-by, toucan crossing, pedestrian link to Heritage Trail, temporary Biodisc sewage sys…
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
The principle of 28 dwellings, retail, access, bus lay-by, and pedestrian link was established by prior approval 15/00775/A at appeal and subsequent REM approvals (e.g.
General Policy 2
Requires development in zoning to respect site/surroundings (siting/layout/scale/design/landscaping), no adverse landscape/townscape/wildlife/flooding/amenity/highway impacts, adequate services/access/parking. Officer assessed proposal complies via landscaping, tree protection, method statements for stream/drainage, parking/turning, flood mitigation (culverting/reprofiling), retail controls.
Strategic Policy 4
Villages like Crosby: maintain character, appropriate scale for local housing/employment. Site in 1982 Plan residential designation; prior inspector found enlarged size acceptable.
Housing Policy 5
25% affordable housing on 8+ dwelling sites in residential zones. Secured via S13 agreement (deed of variation to prior approvals).
Recreation Policy 3
Residential 10+ dwellings: on-site amenity space per Appendix 6. Provided via landscaping/open space, secured by S13.
Recreation Policy 4
Open space on-site/nearby, accessible by foot/PT. On-site public open space/playing fields adjacent.
new retail provision at a scale appropriate. Major retail development proposals to be supported by Retail Impact Assessment
Retail in centres; major (>500 sqm external) needs RIA. 482 sqm < threshold; no RIA required.
Business Policy 10
Retail in centres except neighbourhood shops in large residential. Serves Crosby/Glen Vine as convenience store (<3000 sqft).
Environment Policy 4
Protect habitats. Conditions for method statements on ditches/pipework near ecological areas.
Environment Policy 7
Protect watercourses/wildlife. Conditions prohibit stream disturbance, require method statements for fish protection.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Temporary drainage removal
Once the development can be connected to the public sewage treatment works, it must be and the stand alone temporary works hereby approved including any associated pipework which then becomes redundant, must be removed from site and the ground made good within 6 months of the connection of the site to the public system.
Landscaping and tree maintenance
Landscaping, (including mitigation tree planting) and post planting maintenance shall be carried out in accordance with drawing 1060/C200F and the maintenance and aftercare schedule for new tree planting received on 7th August, 2017... Any trees or plants... within a period of 5 years... shall be replaced...
Stream protection method statement
There must be no disturbance to the bed or margins of the south eastern stream... details of any proposed works to the north western bank profile... together with a construction method statement must be submitted... to reduce the possibility of disturbance of fish...
Ditches/pipework method statement
Prior to any work to create ditches or pipework in the area between the Heritage Trail and the River Dhoo, a construction method statement must be submitted... to avoid damage to an area of ecological value...
Tree protective fencing
No development may be undertaken until such times as protective fencing has been erected to protect those trees which are to be retained...
Retail use restriction
Each of the retail units hereby approved may be used as a shop Class 1... and for no other purpose.
Retail parking provision
Prior to the operation of either of the proposed retail units, the car parking spaces to the north shall be laid out and available for use by staff and customers... and retained as such thereafter.
No external retail lighting
No external lighting may be attached to the retail building, nor may external lighting associated with the retail units be installed within the site without the prior permission...
No external retail storage/display
No items for sale may be stored or displayed... outside the retail building; and there may be no outside storage of material, nor the installation of plant or equipment, outside the building.
Retail opening hours
The retail unit may not be open for business after 2200hrs on any day; or before 0700hrs on any day.
Parking/turning hard surfacing
The on-site parking, turning and loading areas must be suitably hard surfaced and provided prior to occupation... and be maintained and retained unobstructed thereafter.
Construction hours
No construction work may be undertaken on the site other than between 0800hrs and 1900hrs Monday to Saturday inclusive.
Retail building as per drawing
The retail building must be erected, laid out and used as shown in drawing 16/2576/105F... no additional floor space introduced... Reason: less than 500 sqm, no RIA.
Pipework tree root method statement
Prior to the installation of any pipework between the proposed commercial unit and the junction of the A1 and Old Church Road, a method statement demonstrating how the pipework will be installed without interfering with the roots of existing trees...
Roadways per drawing 15N
For the avoidance of doubt, the entrance and internal roadways shall be constructed in accordance with drawing reference 15N...
No objection subject to conditions on sewage plant maintenance and connection fees
DEFA Inland Fisheries and Biodiversity Officer raise concerns about stream protection, fish disturbance, wetlands, and protected species, requesting specific construction method statements; Marown Parish Commissioners strongly object on multiple grounds including land ownership, …
Key concern: unsafe and inadequate highway access with delivery vehicles crossing centreline
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.; The applicant is advised to contact Fisheries (tel. 685857, or email [email protected]) to discuss method statements, should the proposal be granted planning approval.
Conditions requested: There should be no disturbance of the bed or margins of the stream to the south east of the site, including disturbance due to in-channel works or entry to the watercourse by machinery. Reason: To protect the aquatic and bankside habitat, and to avoid the risk of injury or disturbance to fish within the river.; A construction method statement should be submitted to and approved in writing by the Department prior to the start of construction of the path, of the culvert along the north eastern boundary and of any embankment works. The method statement should outline a suitable construction approach to reduce the possibility of disturbance of fish within the stream. The works should be carried out in accordance with the approved details. Reason: To avoid the risk of injury or disturbance to fish within the river
DEFA Biodiversity Officer
Conditional No ObjectionThis is a Schedule 8 species and I recommend that it be destroyed prior to works or dealt with in an appropriate manner, to avoid further spread.; digging a ditch across a wetland... would drain the wetland in that area and thereby damage it
Conditions requested: Schedule 8 montbretia to be destroyed prior to works or dealt with in an appropriate manner to avoid further spread; final route be agreed prior to works for ditch and sewer routes across curragh to avoid affecting protected species; condition to restrict ditch size to 300mm across and 450mm deep; bedding in poorly draining material (not pea gravel, but fine sand) for sewer pipeline; Wildlife Survey and Appraisal needs updating for amended plans; statement on how montbretia will be managed to prevent spread or remove it
Marown Parish Commissioners
ObjectionThe Commissioners submit that the Planning Committee must refuse the Application.; There is no evidence that a survey has been done at a 'good time'.
Conditions requested: perpetual maintenance of open spaces via ground rent/management company; perpetual street lighting operation/maintenance with Crosby burning regime; construction hours: no earlier than 0800 no later than 1900 Mon-Fri, later start/lunch finish Sat only, no Sun/Public Holidays; replicate ALL conditions from 15/00775/A, 16/01131/REM, 16/01314/REM, 18/00339/REM
Highway Services Division
ObjectionHighways are therefore objecting to this application on the grounds of unsafe and inadequate access, and also lack of parking.; the applicant would not be able to get a S109 agreement as the highway officers... are already aware that this 2017 site access layout is unacceptable.
Manx Utilities Authority
Conditional No ObjectionManx Utilities Authority has assessed the above planning application and would like to advise you that the Authority has no objection to the application subject to the following condition/s
Conditions requested: detailed operation and maintenance programme submitted for temporary Sewage Treatment Plant; drainage infrastructure remains private until connected to public system and temporary plant decommissioned; communication fee payable per property connected per Sewerage Act 1999
The original application sought full approval for a residential and retail development on a site previously approved in principle (15/00775/A) and via reserved matters, with minor amendments to house designs, retail unit orientation, and site extension for future foul drainage connection. Marown Parish Commissioners appealed the Planning Committee's approval, arguing abuse of process, overdevelopment, excessive retail size, unnecessary drainage changes risking environmental harm and development creep, and inadequate conditions. The inspector conducted a hearing on 25 July 2019 and site visit on 22 July 2019, finding the changes acceptable compared to the fallback position of prior approvals, no harm to character or environment with conditions, and recommending dismissal. The Minister accepted this, upholding approval on 10 October 2019 with 19 conditions securing landscaping, drainage method statements, highway safety, retail controls, and public safety fencing.
Precedent Value
Establishes that minor variations (house types, unit handing, drainage routing) on commenced sites are assessed narrowly against fallback; conditions effectively mitigate construction/environmental impacts; complex histories best resolved via full reapplications for clarity, but cannot block acceptable schemes.
Inspector: B J Sims
