14 August 2009
Fields 424843 And 421390 Adjacent To Cronk Cullyn, Main Road, Colby, Isle Of Man, IM9 4ps
The proposal was for 81 dwellings including sheltered housing apartments (some three storeys high with underground parking), first-time buyer units, public sector housing, and limited community facilities on land behind Colby Glen Hotel in Colby.
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No officer reasoning provided as the application was withdrawn before determination. Internal email from planning officer Sarah Corlett on 14 August 2009 noted the application was awaiting a report an…
Policy C/P/2
Requires low density housing not exceeding 5 dwellings per acre on fields 5424 and part 4716; sheltered housing permitted as alternative form, not in addition. Objectors repeatedly cited this as breached by 81 dwellings proposal.
Development Brief 15 - Land behind Colby Glen Hotel
Limits development to low density housing and community facilities; requires investigation into community needs (e.g. doctors, nursery, shopping, play area); objectors noted lack of meaningful facilities and excess density over plan's 18 dwelling estimate.
No Objection subject to conditions on foul sewer connection, no surface water to foul, adoption agreement, third party permission, no watercourse alterations
25% affordable housing provision acceptable (20 units), comply with standards, discuss with Directorate
Interest noted, condition required to contact MEA re cables/lines/supply
Recommend note on tree/ivy felling to avoid nesting birds/bats, contact if bats found
Principle not opposed as zoned residential, but doubts re density vs local plan brief; balance with strategic plan efficient land use
Multiple private residents strongly object to the proposed 81 dwellings citing breaches of the Arbory and East Rushen Local Plan density limits, traffic safety issues, visual impact of 3-storey buildings, loss of mature trees, and inadequate community facilities; Arbory Parish Co…
Key concern: null
Arbory Parish Commissioners
Conditional No ObjectionThe Commissioners consider that, on balance, the proposed development would be beneficial to the community as a whole; they have considerable sympathy with their views; difficult to see how the junction with the Main Road and also the sharp bend at the top of Cronk y Thatcher/Cronk Cullyn can be made sufficiently safe
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning 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 MEA Network Operations Department (Tel. 687687) to discuss working practices around Cables and Overhead Lines; Contact M.E.A. for Electrical Site Safety 5 documents (Tel. 687766); Contact M.E.A. Planning Department (Tel. 687781) to discuss electricity supply; MEA requires 24 hours unrestricted access to the cables in the Public Highway
The original application 08/00294/B for 7 detached dwellings was approved by the Planning Committee despite conflicting with the 1999 Sulby Local Plan Development Brief limiting Area 3 to a maximum of 3 dwellings. Lezayre Parish Commissioners appealed, claiming overdevelopment, incompatibility with the local character, and issues with highway safety, drainage, and socially divisive stone walls. The applicant and Planning Committee argued the scheme made efficient use of the last remaining housing site in Sulby, complied with 2007 Strategic Plan policies on best use of land, and was not overdevelopment as access, parking, drainage, and design were satisfactory. The inspector found no harm to character and appearance, ruled that Strategic Plan policies (later in date) prevail over the local plan brief per Strategic Plan guidance, and deemed the 3-dwelling limit needlessly prescriptive without justification. The appeal was dismissed, upholding approval with added conditions on landscaping, highway, services, and sewage/surface water disposal.
Precedent Value
This appeal sets precedent that 2007 Strategic Plan policies on efficient land use prevail over earlier local plan density limits per paragraph 1.4.4, especially if briefs are 'needlessly prescriptive' without rationale. Future applicants should prioritise demonstrating site capacity, technical compliance, and strategic policy alignment over rigid local brief adherence.
Inspector: David Bushby BA [Hons] MCD MRTPI
