10 December 2014 · Delegated - Director of Planning and Building Control
Land Adjoining, Ard Reayrt, Laxey, Isle Of Man, IM4 7py
The proposal sought approval in principle for a single dwelling on an irregularly shaped, heavily treed site off the Ard Reayrt housing estate in Laxey, with siting fixed on plans and access proposed from Ard Reayrt over land owned by Laxey Village Commissioners.
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 concluded the principle of development was unacceptable primarily due to the level of woodland loss proposed and likely future pressure for more felling from dwelling occupants, contrary t…
Residential Policy 1 of Laxey and Lonan Area Plan Order 2005
Permits residential development in zoned residential areas if sympathetic to character. Site partially zoned residential so not contrary, but tree loss and other issues override.
Policy L/OSNC/PR/6 of The Laxey and Lonan Local Plan 2005
General presumption against tree removal except commercial planting, including for development. Proposal requires significant felling of amenity woodland, unlikely to secure felling licences.
Laxey and Lonan Local Plan Policy L/OSNC/PR3
Presumption against development adversely impacting ecological areas. Access route in ecological interest zone but no substantive objection raised.
General Policy 2
Requires safe access, no adverse highway impact, respect for surroundings/amenity. Fails (h) safe access/parking and (i) road safety due to partial control over visibility splay.
Environment Policy 3
Prohibits development causing unacceptable loss/damage to woodland of amenity/conservation value. Site woodland has public amenity value; loss unacceptable.
Environment Policy 42
New development must respect local character; no inappropriate backland or loss of visual amenity green spaces. Backland siting amid trees harms treed character visible from valley.
Housing Policy 6
Residential zoned land per area plan brief or GP2 criteria. Complies with zoning but fails GP2 tests.
Do not oppose subject to visibility splay condition
No specific justifiable reason to object; retaining woodland beneficial but policy balancing issue
No reports of flooding; surface water to be addressed in detailed submission
Multiple local residents object strongly to the application citing access, drainage, tree loss, privacy, utilities, and ecological impacts; statutory consultees raise objections on trees and note no flood risk issues but require drainage details, while ecology finds no specific objection.
Key concern: loss of significant woodland amenity value and trees
DEFA Forestry - Andrew Igoea
ObjectionI am of the opinion that this piece of woodland provides significant amenity value in the wider landscape; In view of the above concerns I object to this development; The proposed access would require a change in ground levels within the root protection areas (BS5837) of trees A-D
Ecologist - Richard Selman
No ObjectionI decided not to request a bat survey on the basis that the larger trees will be maintained; I did not have any specific justifiable reason to object to this proposal; It is therefore not specifically a Wildlife Act matter but of how much greenspace/wildlife space should be retained
Manx Utilities Flood Risk - Malcolm Cowin
Conditional No ObjectionWe have not had any reports of flooding in this area; Ard Reayrt has its own surface water system that discharges to the river; this is surface water flow issue which should be addressed by the applicant in their detailed submission
Conditions requested: detailed submission demonstrating how the site will be drained and where it will be drained to
Manx Utilities
Conditional No ObjectionContact the Manx Utilities Planning Department (Tel. 687781) to discuss the electricity supply for this application; All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6
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; Contact the Manx Utilities for Electrical Site Safety 5 documents (Tel. 687766)
The original application for approval in principle for a dwelling on land adjacent to Wayside was refused by the Planning Committee due to insufficient space, incompatibility with neighbouring development, harm to amenities, and inadequate access options from Ramsey Road or the unmade back lane. The appellant argued the site could accommodate a split-level dwelling with reinstated access from Ramsey Road, citing precedents, no objections from locals, and compliance with local plan policies. The inspector found insufficient space for a dwelling in keeping with the area, creating cramped development harmful to character and appearance; overbearing impact on Wayside's amenities; and dangerous access via the narrow, unmade back lane or inadequate visibility from Ramsey Road. The appeal was dismissed on written representations following a site visit.
Precedent Value
This appeal demonstrates that even in village settings with local support, proposals on constrained sites with steep topography and access challenges will fail if they harm character, amenities, or safety. Future applicants must provide robust access details and demonstrate no overbearing effects, prioritising site visits by inspectors.
Inspector: J Trevor Graham
