2 June 2014 · Minister for Infrastructure (Hon P A Gawne MHK) on appeal, concurring with appointed inspector's report
Land Adjacent To, Ginger Hall Hotel, Ballamanagh Road, Sulby, Isle Of Man, IM7 2hb
The application sought full approval for erecting five identical single-storey 2-bedroom detached bungalows with detached garages on an overgrown 0.55ha site on the eastern edge of Sulby village, accessed via an existing gated entrance from River Meadowland requiring hedging removal and tree clearance for visibility sp…
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Appeal inspector found principle of residential development acceptable as site allocated for housing in sustainable village location, outweighing Sulby Local Plan's 2-dwelling limit given 2011 approva…
General Policy 2
Requires development to respect site/surroundings in layout/scale/form (b), provide safe/convenient access (h), avoid unacceptable road safety effects (i). Failed on cramped layout harming character (b), inadequate visibility on rural lane (h/i); inspector paraphrased: 'materially harmful effect on character/appearance'; 'inadequacy of visibility endangers users'.
Strategic Policy 1
Requires efficient site use accounting for access/landscaping/amenity. Supported principle as good use of under-used village land but tension with layout/access failings.
Strategic Policy 2 - Priority for new development to identified towns and villages
Locates development in towns/villages. Site in sustainable Sulby supported principle.
Housing Policy 4
New housing primarily in villages. Acceptable in principle.
Transport Policy 7
Parking per standards. On-site parking/turning met but access visibility failed.
no objection subject to surface water drainage scheme condition
advisory note; contact for supply
The original application for five detached bungalows was refused by the planning authority for substandard access visibility and contrived layout contrary to GP2(i) and GP2(b) of the IoMSP. The appellant argued that one additional dwelling over the previously approved four would not significantly impact highway safety, drainage could be resolved, and the Sulby Local Plan's limit of two dwellings should be outweighed by strategic policies on efficient land use, citing a precedent. The inspector found the principle of development acceptable due to prior approval for four dwellings and sustainable location outweighing the local plan brief, and no unacceptable harm to neighbours' amenity, but concluded the layout was cramped and monotonous harming character and appearance, and access visibility inadequate for five units endangering highway users. Balancing these, the harmful effects on character and highway safety outweighed benefits, leading to the recommendation to dismiss. The Minister accepted this and upheld the refusal.
Precedent Value
This appeal shows that prior approvals and strategic policies can overcome local plan dwelling limits on principle, but applicants must rigorously address layout quality and highway safety incrementally; substandard access tolerable for fewer units may fail for more.
Inspector: Ruth V MacKenzie BA (Hon) MRTPI
