26 April 2011 · Planning Committee
Land In Front Of Bay View Hotel, High Street, Port St Mary, Isle Of Man, IM9 5dy
The proposal involves building two two-storey dwellings (with roofspace accommodation) featuring timber boarded gables, rough cast render, and timber-framed windows, each with an integral garage, on a 32m x 18m site between Bay View Road and Shore Road Underway.
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 officer recommended approval despite objections, as the site is designated Residential on the extant Isle of Man Planning Scheme (Development Plan) Order 1982, creating a presumption in favour of …
General Policy 2
Requires residential development in zoned areas to respect scale/form, not adversely affect views/amenity/traffic, provide parking, and mitigate flood/instability risks. Officer found proposal compliant: lowered height preserves sea views (2e), sympathetic design (2b/c), adequate parking (2h), no highway issues (2i), applicant accepts contained flood risk (2l).
Environment Policy 10
Requires flood risk assessment where potential risk exists. No formal assessment required as no Drainage Division demand; applicant accepts ground floor flood risk with no off-site impact, per prior Inspector view.
Environment Policy 11
Prohibits coastal development increasing flood/erosion risks. No evidence of prejudice to coastal processes.
Environment Policy 13
Prohibits unacceptable flood risk on/off-site. Risk contained to garages/sitting areas; no impact elsewhere.
Environment Policy 24 - Pollution sensitive development
Requires environmental info for significant effects. Development not considered significant given residential zoning.
Environment Policy 28
Prohibits development at risk from instability unless precautions taken. Engineer input and Building Regulations suffice, per prior Inspector.
Environment Policy 42
Protects green spaces contributing to amenity if identified in Area Plans. Site not designated Public Open Space in modified draft plan or extant plan.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved drawings
This permission relates to the erection of two dwellings and associated parking all as shown in drawings P01, P02A, P03B, P05B, P06A, P07A, P08A, P09, P10 all received on 23rd December, 2010 and P11 received on 16th March, 2011.
Parking completion
Prior to the commencement of any works on the construction of the dwellings, including excavation of the site, the parking area shown on the approved plans must be constructed to at least base course level and the beach-side slab finished in stone as shown. The dwellings may not be occupied until such times as the parking area has been completed and once completed, the space must be retained for use in association with the approved dwellings.
No adverse Traffic Impacts
no objection subject to finished floor levels raised above flood level
The original application for two semi-detached three-storey dwellings with integral garages and visitor parking on the seaward side of Shore Road was approved by the Planning Committee on 21 April 2011 despite objections from Port St. Mary Commissioners and residents. Appeals were lodged by the Commissioners, Mr & Mrs Leigh, Ms G Wheeler, and Mr D Maddrell against the approval, raising concerns over land ownership, visual/amenity impact, flood risk, land stability, drainage, parking, and policy conflict including open space designation. The inspector conducted a site visit on 8 August 2011 and public inquiry on 9 August 2011, systematically assessing six key issues from a prior related appeal (09/1295/B, refused solely for lack of parking details). Finding no compelling new evidence to overturn prior conclusions and noting the site's residential zoning in the 1982 Order and MD Southern Area Plan, the inspector concluded the proposal complied with relevant policies including General Policy 2 and Environment Policies 10, 11, 12, 13, 28, and 42. The inspector recommended dismissing the appeals and upholding the approval, subject to conditions.
Precedent Value
Demonstrates that in residential zones, detailed technical submissions resolving prior narrow refusals can overcome multiple objections if no policy conflict and building regs address stability/flooding; future applicants should secure prior appeal benefits via resubmissions with specifics, prioritise zoning compliance, and use conditions for ownership risks.
Inspector: Stephen Amos MA(Cantab) MCD MRTPI
