29 April 2025 · Planning Committee
The Bungalow, Ballamanagh Road, Sulby, Isle Of Man, IM7 2hb
The proposal involves constructing a new three-bedroom dwelling (20.5m x 10.2m at ground floor, 11.5m x 10.3m at first floor, 7.15m ridge height) with an upside-down layout (living spaces upstairs), two car ports, balcony, and associated landscaping on land behind the existing single-storey bungalow at The Bungalow, Ba…
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The principle of development was established by the appeal approval of PA 21/01161/A, where the Inspector found no harm to countryside or ecology under Environment Policy 1 despite conflict with count…
General Policy 2
Sets normal development control considerations including amenity, design, ecology, trees, energy, highways. Officer found proposal compliant as no significant adverse impacts on amenities, character, landscape, trees, biodiversity, parking/highway safety.
Strategic Policy 1
Requires efficient use of sites utilising infrastructure. Proposal makes optimal site use with services/amenity accommodated effectively.
Strategic Policy 2 - Priority for new development to identified towns and villages
Directs development to settlements or countryside exceptionally. Acceptable due to established principle from AIP appeal.
Strategic Policy 4
Appropriate scale in villages like Sulby. Siting/layout respects rural character with landscaping integration.
Spatial Policy 5
Design quality. Modern/upside-down layout, finishes, fenestration respect site/area character.
Environment Policy 1
Protects countryside/ecology. No harm per AIP Inspector; mitigation ensures no adverse effects.
Environment Policy 4
Biodiversity. Conditions safeguard species/habitats; DEFA content.
Environment Policy 5 - Mitigation against damage to or loss of habitats
Trees. Tree protection plan, new planting mitigate removals; separation from retained trees.
Transport Policy 4
Highway safety. Access/visibility as approved AIP; DOI Highways no objection.
Transport Policy 7
Parking standards. 3+ spaces provided; near public transport.
Housing Policy 14
Eco-efficiency in housing. SAP97, renewable features make environmentally acceptable.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Energy Statement SAP97 pre and post completion
Prior to the commencement of the development hereby approved, an Energy Statement shall be submitted and approved in writing by the Department which demonstrates that the new dwelling would have a Standard Assessment Procedure (SAP) rating of at least 97 (or similar rating system) and prior to the occupation of the dwelling a further Energy Statement post completion shall be submitted to and approved in writing by the Department to demonstrate that the SAP rating of at least 97 (or similar rating system) has been achieved.
Pre-tree removal nesting birds/bats checks
Prior to the removal of any tree on site, suitable checks for nesting birds and roosting bats must be undertaken by a suitably qualified ecologist with report submitted to and approved in writing by the Department. If either are present then the works must stop and advice be obtained from the Ecosystem Policy Team. Vegetation removal should ideally take place outside of nesting bird season. If this is not possible then thorough checks for nesting birds should be made first and if present then works must stop and can only recommence once the birds have finished breeding.
External low level lighting scheme
Prior to the installation of external lighting at the site, a detailed external low level lighting scheme shall be submitted to and approved in writing by the Department. The lighting of the site will be designed in accordance with the recommendations outlined in the BCT and ILP Guidance Note 8 Bats and Artificial Lighting (12th September 2018). The lighting details shall include detailed drawings of the proposed lighting columns and fittings, information about the levels of luminance and daily duration and any measures for mitigating the effects of light pollution. The development shall not be carried out other than in accordance with the approved plan.
Bat mitigation per Manx Bat Group report
The development hereby approved shall be carried out in strict accordance with the working methods recommended in the bat report, detailed in the Manx Bat Group's Bat Survey Report for The Bungalow, Ballamannagh Road, Sulby dated 19 March 2023, to provide appropriate mitigation for bats within the site and immediate locality.
Landscaping implementation and maintenance
The landscaping of the site, including the boundary hedging, and the feature plantings must be undertaken in accordance with the approved plan (Drawing Nos. 21 1539 RM/D - 04 Rev A, Site Plan & Landscaping), and retained as such thereafter. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of any unit, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Tree Protection Plan BS5837
Prior to the commencement of the development hereby approved, a scheme for the protection of the trees (a Tree Protection Plan) which shall be prepared in accordance with the recommendations of British Standard BS5837:2012 (Trees in relation to Design, Demolition and Construction) shall be submitted to and approved in writing by the Department. Such a scheme shall include details of: All trees and other planting which are to be retained; Construction Exclusion zones on site; and A programme of implementation for new trees/plantings. Within the Construction Exclusion Zones identified on this drawing, nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit. Any retained tree which within five years of the approved development being occupied or completed (whichever is the later) dies, are removed or become seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department.
Access/visibility splays/vehicular areas pre-occupation
The development hereby approved shall not be occupied or brought into use until all access arrangements, including visibility splays, vehicular and pedestrian areas have been provided in accordance with the approved plans (Drawing Nos. 21 1539 RM/D - 04). Such areas shall not be used for any purpose other than for purposes associated with the development and shall remain free of obstruction for such use at all times. The access shall be bound and consolidated within at least 5m of the adopted highway boundary.
Access bound/consolidated within 5m highway
The access to the site shall be bound and consolidated within 5 meters of the adopted highway boundary, as indicated in drawing No. 21 1539RM/D08/A.
Bin storage pre-occupation
Prior to the occupation of the new dwelling hereby approved, the bin storage provision shown on drawing No. 21 1539RM/D08/A shall be implemented and retained thereafter.
Sustainable Drainage Systems (SuDS) details
Prior to the commencement of development, details of the sustainable drainage systems (SuDS) to be installed on site must be submitted to and approved in writing by the local planning authority. These details shall include the location, type of systems to be installed, and the maintenance and management arrangements for the SuDS. The scheme shall be implemented according to the approved plans and retained as such thereafter.
Curtilage subdivision plan within 1 month
Within one month of this decision becoming final, a detailed plan must be submitted to and approved in writing by the Department. This plan should clearly show the proposed subdivision and layout of the new curtilages, ensuring that all boundaries are distinctly marked and comply with the guidelines set forth. The boundaries should be demarcated by either a planted hedge of native species or a Manx hedge, as per Planning Circular 1/92. The new dwelling shall not be occupied unless the site has been subdivided and laid out in accordance with the approved plan and shall be retained as such thereafter.
no objections
no significant negative impact upon highway safety, network functionality and/or parking as the access and layout is the same as approved application 21/01161/A, subject to conditions
no objection
no objection subject to conditions
Three statutory consultees (DEFA Environmental Health, Highway Services, DEFA Ecosystem Policy, and DOI Highways Drainage) provided responses with no objections but requested specific conditions related to flue height, highway access, bat/tree protections, and surface water drainage.
Key concern: Potential smoke nuisance from flue to neighbouring properties
DEFA Environmental Health
Conditional No ObjectionCompliance with building control requirements may not, therefore, be sufficient to prevent smoke nuisance being caused to neighbouring premises.; Ensuring that flues discharge at a height that allows products of combustion to disperse upwards into the atmosphere, and are not blown back down to the ground or directly into neighbouring properties by the wind, is the main method of preventing smoke nuisance.
Conditions requested: There should be a flue connected to the wood burning stove which should discharge at a height suitable to ensure dispersion of products of combustion and not cause nuisance to any neighbouring properties
Highway Services HDC
Conditional No ObjectionHighway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the access and layout is the same as approved application 21/01161/A, subject to conditions on access
Conditions requested: access (which shall be bound and consolidated within 5m of the adopted highway boundary); visibility splays protected; internal vehicular layout construction to be completed as per approved plans before first occupation and retained thereafter; A S109 highway agreement will be required for the proposed access onto the adopted highway
DEFA Ecosystem Policy Team
Conditional No ObjectionNo Objection subject to conditions.; The bat report covered the house extension and two trees originally to be removed, but another large tree is now to be removed which has not been assessed for any risk to bats
Conditions requested: To follow working methods recommended in the bat report, to minimise risks to bats during demolition of the extension; Assess the further tree removal for risks to bats and address any issues arising; Demolition and tree removal must either be undertaken within the September-February period or carefully checked to ensure there are no nesting birds
DOI Highways Drainage
Conditional No ObjectionThere are no site levels indicating falls at the entrance. The applicant should be aware of and demonstrate compliance with the attached clause
Conditions requested: Applicant should be aware of and demonstrate compliance with the attached clause