27 May 2010 · Planning Committee
Land In Front Of Bay View Hotel, High Street, Port St Mary, Isle Of Man, IM9 5dy
The proposal involved building two three-bedroom dwellings on a steeply sloping, vegetated site between Shore Road Underway and High Street in Port St Mary, with integral garages and visitor parking across Shore Road.
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The officer assessed the proposal against General Policy 2 of the Strategic Plan, finding it compliant as the site is designated 'Existing Predominantly Residential Use' on the extant 1982 Development…
General Policy 2
Requires development in zoned areas to respect siting/layout/scale/form/design/landscaping (b), not adversely affect townscape character (c), retain topography/trees (f), not harm sea views (e), provide amenity/parking/access (h), not harm road safety (i), not unreasonable flood/erosion risk (l). Officer found compliant: design fits varied surroundings/new properties north, lowered height avoids sea view harm, adequate parking, contained flood risk.
Environment Policy 10
Requires flood risk assessment where risk exists. No formal FRA required as not raised in prior apps/draft plan; applicant consulted Drainage Authority, raised floor 300mm (vs 600mm ideal) with applicant accepting ground floor flood risk to garage/bedroom, no off-site impact.
Environment Policy 11
Coastal development not to increase flooding/erosion risk or prejudice sea defences. No evidence of prejudice.
Environment Policy 13
No unacceptable flood risk on/off-site. Risk accepted as contained within building.
Environment Policy 24 - Pollution sensitive development
EIA/supporting info where significant environmental effect. Not significant given residential zoning.
Environment Policy 28
No development at risk/increasing instability unless precautions taken. Structural Engineer's report provided; stability via Building Regs.
Environment Policy 42
No removal of green spaces contributing to visual amenity unless identified in Area Plans for preservation. Site not public open space (private, no access); draft plan inaccurate.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This permission relates to the erection of two dwellings as shown and described in drawings P01, P06, P09 and the Structural Engineer's report all received on 4th August, 2009 and P02A, P03A, P05A, P07A, P08A and P10 received on 2nd December, 2009 and 05B received on 14th May, 2010.
Interest expressed
Interest expressed
The original application (09/01295/B) for erection of two dwellings with integral garages and associated visitor parking was approved by the planning authority but appealed by multiple third parties including Port St Mary Commissioners, Mr K Leigh, and Ms G Wheeler, citing issues like open space zoning, land instability, flooding, drainage, and parking. The inspector, after a public inquiry and site visit, assessed these concerns and concluded the proposal was acceptable in principle, addressing visual impact, stability via building regulations, flood risk, and policy conflicts, recommending dismissal of appeals and approval with conditions including prior approval of the parking lay-by details. The Deputy Minister generally concurred but overruled on the parking lay-by, finding it an essential element lacking details on retaining structure, foundation, and dimensions, making assessment impossible without prejudicing a future detailed application. The appeal decision was to refuse the application without prejudice to resubmission. This overturned the authority's approval.
Precedent Value
Emphasises need for full engineering details on all development elements, especially infrastructure like retaining structures or parking on precarious land, at application stage rather than conditioning; building regs handle stability/flooding but planning requires assessable proposals. Future applicants should submit comprehensive site ownership proof, surveys, and dimensions to avoid ministerial override.
Inspector: Graham Self
