3 September 2010 · Planning Committee
Part Of Garden Of, Shan Vallah, The Colony, Port Lewaigue, Ramsey, Isle Of Man, IM7 1al
The proposal was for a two-storey dwelling with dormers (12m wide, 7m deep, 10.5m ridge height) and garage on a site within an existing residential area following prior approval in principle. Key issues were surface water drainage, where submitted details using rainwater harvesting and attenuation cells failed to satis…
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The officer assessed that the principle of development was established by prior approval 08/00672/A but reserved matters failed on drainage and design.
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale/form/design, not adversely affect townscape character, provide services, and amenity. Officer found proposal failed on scale/height/massing harming unique street scene character, positioning uncharacteristic (1m side gap), and services (drainage inadequate).
Housing Policy 4
Permits new housing in existing towns/villages; site in 'existing residential use' zoning so principle acceptable via prior AIP.
Environment Policy 22
Prohibits development harming environment/amenity via surface/groundwater pollution. Failed due to unproven surface water disposal risking pollution/flooding, contrary to prior Inspector concerns on incremental discharges.
Do not oppose has no traffic management or road safety implications
Make no comment on the merit but request informative note
Multiple consultees including Water and Sewerage Authority, Maughold Parish Commissioners, and DEFA Wildlife raised objections or concerns primarily over inadequate surface water drainage details, visibility splays, tree retention, and wildlife impacts, while Manx Electricity Authority requested standard conditions and Highways (DOT) confirmed no objection.
Key concern: insufficient surface water disposal information including percolation tests and site-specific details
Maughold Parish Commissioners
ObjectionThe Commissioners question the reason for the reintroduction of soakaways without any adequate justification or detailed site specific figures that would prove the effectiveness of the proposed system.; Without more detailed site specific information the application cannot be properly considered.; The process of considering this application should be postponed until this information is received.
Conditions requested: Drainage Division and Planning Authority to demand adequate technical information before decision
DEFA Wildlife
Conditional No ObjectionIt would be worthwhile retaining them if possible. Rookeries are traditional sites that can be used year in year out for many years.; trimming the lower limbs off would free up the space in the plot, leaving two upright trees on the boundary of the site and retaining the nests.; We do not wish to see a safety-based application for felling as soon as the house is built
Conditions requested: retain trees by trimming lower limbs to free up space while leaving upright trees on boundary with nests
Water and Sewerage Authority
ObjectionThe Applicant has failed to provide sufficient information for the Authority to assess this application correctly, in terms of the surface water disposal from this site.; Until such times that the applicant provide the information requested by the Authority our stance is Objection.
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application.; MEA requires 24 hours unrestricted access to the cables in the Public Highway
Conditions requested: applicant must contact the Authority; Contact MEA Network Operations Department (Tel. 687687) to discuss working practices around Cables and Overhead Lines; Contact MEA for Electrical Site Safety 5 documents (Tel. 687766); Contact MEA Planning Department (Tel. 687781) to discuss electricity supply; All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6
Department of Transport
No Objectionvisibility splays stated of 18 metres is more than adequate to serve this proposal, providing safe egress and access; even on un adopted roads Manx Roads Standards would have to be applied to ensure safety of all road users
Department of Transport Drainage Division
Conditional No ObjectionNo Objection in principle, subject to the following conditions
Conditions requested: must be connected to the public sewer; Full details of the foul and surface water disposal routes must be submitted; NO discharge of surface water to any foul drainage system(s); Surface water is to be harvested and used in a gray water system full details to be supplied and agreed
The original application (08/00672) for approval in principle for a dwelling and garage was granted by the Planning Committee despite prior refusal on a similar appeal (06/01955/A) due to sewage and surface water concerns. Neighbours (appellants) challenged the grant, arguing that treated foul sewage would pollute the bay and surface water disposal would cause flooding and spill onto properties. The applicant and Drainage Authority supported the proposals, noting on-site treatment, extended sea outfall, and SUDS with rainwater harvesting. The inspector found sewage and surface water arrangements satisfactory subject to conditions, as Drainage Authority had no objection and technical details were for Building Control. On street scene impact, the inspector concluded no serious harm from vegetation removal for an approval in principle. The appeal was recommended dismissed, upholding the permission with added conditions.
Precedent Value
Demonstrates that Drainage Authority support and conditions can overcome prior refusals on infrastructure; technical details best left to specialist approval rather than planning appeals. Future applicants should secure statutory consultee backing early.
Inspector: David Bushby BA [Hons] MCD MRTPI
