24 June 2014 · Planning Committee
Field 410891, Surby Road, Surby, Port Erin, Isle Of Man, IM9 6ta
The proposal involves building a two-storey dwelling with an attached single-storey garage and conservatory on part of field 410891 adjacent to Surby Mount and Victoria Lodge on Surby Road. The house has a frontage of 13.2m, total width under 25m including outbuildings, ridge height of 8.8m from ground floor level (110…
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The principle of a single dwelling is established by the Southern Area Plan 2013 and prior approvals (e.g. PA 13/00245), subject to traditional design, safe access, and drainage.
General Policy 2
Requires development in line with Area Plan zoning to respect site/surroundings in siting, layout, scale, form, design; not adversely affect landscape/townscape character, resident amenities, road safety, or drainage. Officer assessed proposal complies as it minimises impact via traditional features, reduced scale/proximity vs prior refusal, safe access, and no proven drainage harm.
Southern Area Plan for the South 2013 (site-specific conditions)
Site suitable for single dwelling if safe access (2x36m splays), traditional features (pitched slate roof, render/stone), full drainage details approved by IoMWSA, and 2 parking spaces with manoeuvring. Proposal meets all: improved access, traditional design, drainage proposed (no IoMWSA objection), parking implied.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Tree protection
Prior to the commencement of any development on site, all trees on site must be protected by the erection of a protective fence erected beneath the dripline of the canopy spread and thereafter during the course of construction, no vehicles may be parked, nor items or containers stored therein nor any excavation undertaken. REASON: in order to protect the existing trees on site from immediate or long term damage.
does not oppose the application
do not object to the application per se and accept that many of the previous issues have been addressed
Private neighbours raised concerns about drainage, construction traffic impacts, access, heights, and tree protection but did not object overall; statutory consultees including Rushen Parish Commissioners, Highways, and Manx Utilities had no objections with minor observations.
Key concern: surface water flooding and adequacy of 1 in 10 year storm water attenuator given local history and poor soil percolation
Rushen Parish Commissioners
No ObjectionAMENDED PLANS – not to be re-advertised. No objections.; Although the proposed dwelling is quite high it is pleasing to note that the new proposed dwelling is of a traditional design more in keeping with the conditions of the approval in principle.
Conditions requested: Department of Infrastructure – Drainage – should be asked if the proposed attenuation tank will deal adequately with the surface water flooding; Drainage will need to ensure that it is flowing in the right direction i.e. towards Victoria Lodge
Department of Infrastructure Highways
No ObjectionDo not oppose
Manx Utilities
Conditional No ObjectionSee Note 2; Contact the Manx Utilities, Planning Department (Tel. 687781), to discuss the electricity supply for this application.
Conditions requested: applicant must contact the Authority; Contact the Manx Utilities Planning Department (Tel. 687781), to discuss the electricity supply; Contact our Network Operations Department, Manx Utilities (Tel. 687687) to discuss working practices around cables and overhead lines
The original application for a large 2-storey dwelling with semi-circular footprint, extensive glazing, balconies, chimney stack, and garages was refused by the Department of Infrastructure for failing to respect the site's Development Brief in the Southern Area Plan and General Policy 2(a),(b),(c),(g) of the Isle of Man Strategic Plan due to design, scale, massing, impact on character, trees, and neighbour amenities. The appellant argued the design suited modern surroundings, exploited views, used traditional materials, and offered amendments via conditions. The Inspector found the proposal failed to reflect traditional vernacular character, would be unduly eye-catching with harmful visual impact including potential tree loss, and adversely affect neighbours' living conditions through overlooking, overbearing scale, and overshadowing. The appeal was dismissed on 14 March 2014, upholding the refusal with reasons tied to non-compliance with the Development Brief and GP2(a),(b),(c),(g).
Precedent Value
This appeal emphasises strict adherence to site-specific Development Briefs over modern 'standout' designs in vernacular village contexts; conditions cannot fundamentally redesign proposals; elevated sites amplify visual/amenity harms, so future applicants must prioritise traditional massing/scale and evidence tree protection/amenity mitigation.
Inspector: Ruth V MacKenzie BA(Hons) MRTPI
