20 December 2010 · Minister for Infrastructure following appeal dismissal
Greystones, Battery Road, Peel, Isle Of Man, IM5 1ud
The proposal sought approval in principle for erecting one dwelling on an undeveloped site between existing properties in a residential area of Peel, adjacent to an old sandstone quarry. Key issues included highway safety on narrow Battery Road, impacts on neighbouring amenities, harm to the open character of Peel Head…
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The Minister considered the appointed person's report and concurred with the recommendation to dismiss the appeal against the Planning Committee's approval, directing confirmation subject to revised c…
General Policy 2
Provides guidance for development proposals on land designated for development. The site is identified as residential use by the Peel Local Plan, making a single dwelling proposal in accordance with this designation.
Reserved matters approval
Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced.
Reserved matters application time limit
The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission.
Development commencement time limit
The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later.
Northern bank protection
The application for reserved matters must include details of how the northern bank of the site is to be protected both during and after construction and development shall take place only in accordance with this drawing. Reason: To protect the potential habitat for Common Lizards identified by the report by the Manx Wildlife Trust submitted as part of this application.
Open areas protection
The site boundary to Battery Road shall consist of a Manx Hedge. Where not required to be removed to form the access and visibility, the existing Manx Hedge shall be retained. Where required to be removed, it shall be replaced to form the boundary of the site, except for the space for the gateway. The boundary shall thereafter be retained in this form.
Do not oppose
no objection, advisory note on cables and supply
Only one statutory consultee (Manx Electricity Authority) provided a no objection response with conditions; Peel Town Commissioners objected due to wildlife habitat loss and access issues; Department of Transport deferred comment pending visibility splay details; multiple private objections raised concerns over access, habitat, privacy, and visual impact.
Key concern: loss of wildlife habitat
Manx Electricity Authority
Conditional No ObjectionContact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.; There are Underground Cables/Overhead Lines present in the area indicated in you Planning Application.
Conditions requested: a condition of planning be that the applicant must contact the Authority; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application
Peel Town Commissioners
ObjectionThe Commissioners object to this application on the grounds of the loss of wildlife habitat and increase usage of Battery Road with no designated passing places and restricted visibility onto the Ramsey Road. RECOMMEND REFUSAL
Department of Transport Highways Division
No CommentDefer; Drawings do not illustrate the visibility splays from the proposed access, or from Battery Road onto Peveril Road
The original application for approval in principle for a dwelling was permitted by the Planning Committee on 16 December 2010 despite third-party objections, following a committee recommendation that addressed prior refusals for three dwellings. Neighbours Mr & Mrs Quirk (Cliffe Cottage) appealed, arguing highway safety, wildlife harm, site stability, amenity loss, and landscape impact. The inspector held a public inquiry on 17 March 2011 after a site visit, considered representations from all parties, and found single dwelling development acceptable in the residential area subject to design care, wildlife protections, and highway benefits. The inspector recommended dismissing the appeal and confirming permission with revised conditions, including northern bank protection and Manx hedge retention/replacement. The Minister accepted this on 19 April 2011, upholding the approval.
Precedent Value
Demonstrates 'appeal against approval' can refine conditions (e.g. added Manx hedge); single-unit proposals can succeed where multi-unit failed by reducing traffic/impacts, supported by surveys; careful design critical in prominent sites.
Inspector: David Ward
