24 June 2014 · Minister for Infrastructure, the Hon P A Gawne MHK (appeal decision confirming Planning Authority's approval)
Brambley Cottage, Lhergy Cripperty, Union Mills, Isle Of Man, IM4 4nj
The proposal involves demolishing the existing dwelling at Brambley Cottage and replacing it with two new detached houses, each with integral garages, as amendments to a prior approval PA 12/00995/B. The site is in Union Mills, Braddan parish.
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The Minister considered the report of the appointed person who assessed the appeal against the Planning Authority's initial approval.
Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 14
This requires development to commence within four years to avoid accumulation of unimplemented approvals. The condition enforces this directly. No other policies are explicitly referenced in the decision notice.
Time limit for commencement
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) (No 2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Tree protection during construction
This approval is granted on the basis that the large tree in the centre of the frontage is to be retained, as shown in the drawings. In order to ensure that this tree is protected from damage during the construction process, prior to the commencement of any works on site, the tree must be protected by the erection of a stout fence constructed beneath the dripline of the tree and retained thereafter for the duration of the construction works. If any works are proposed within this protected area, they must be undertaken by hand or otherwise in accordance with a method statement to have been approved by the Planning Authority, and such that the health of the tree is not threatened. During construction, no vehicles may be parked nor materials stored within the protected area. Prior to the construction of the driveway within the protected area, further details of the construction of the hard surfacing must be approved by the Planning Authority and must demonstrate that the new construction will not sever or compact the roots of the tree such that its health will be compromised. Reason: The tree adds to the amenities of the area and should be protected during construction works.
The original application (14/00352/B) sought approval for amendments to a previously approved scheme (PA 12/00995/B) for erecting two detached dwellings with integral garages to replace the existing dwelling. The local planning authority granted permission, prompting a third-party appeal by neighbouring landowner Mr R Nicholson citing scale, materials, highway safety, tree damage, and heritage value. The appellant argued the dwellings were too large and out of keeping, access was unsafe, trees would be harmed per BS 5837:2012, and Brambley Cottage had heritage significance. The inspector found no material differences from the extant approval that would justify refusal, concluding the minor changes (e.g., dormers, window alterations) had negligible impact on character, highway safety was adequate with no highway authority objection, tree protection measures sufficed, and no heritage merit existed. The appeal was dismissed, upholding the permission without additional conditions.
Precedent Value
Appeals against minor amendments to extant permissions will fail unless changes introduce new harms justifying refusal; objectors cannot challenge original approval indirectly. Future applicants benefit from prior approvals as a strong fallback; third parties should engage early.
Inspector: Stephen Amos MA (Cantab) MCD MRTPI
