1 March 2010 · Minister for Infrastructure following appeal inquiry
Land Adjacent To, Allandale Farm, Ballamanagh Road, Sulby, Isle Of Man, IM7 2hb
The proposal is for a detached six-bedroom dwelling (20.8m width, 19m depth, 6.2m ridge height) on a 1.2-acre site in open space/agricultural land near Sulby village, approved in principle due to applicants' personal circumstances (disabled person's dwelling for family with five children).
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Principle established by prior approval in principle (07/00375/A) on personal grounds, so assessment limited to reserved matters: siting, design, access, landscaping.
Sulby Local Plan Policy RES/P/3
Site in open space (agriculture); new dwellings normally restricted to replacements (50% footprint) or agricultural workers. Principle approved exceptionally on personal/medical grounds via AIP; reserved matters assessed against this exception, requiring discreet design to minimise rural intrusion.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to the matters which were reserved by condition (1) of the Approval in Principle granted in respect of PA07/00375/A and which are indicated on the submitted documents and drawings numbered DRG 01 MB , DRG 02 MB, PO8 09403 P1, PO8 09404 P1 and PO8 09405 P1 all received on 21st October 2009.
Roof materials
The roof(s) must be finished in dark natural slate.
Brick samples
Prior to the commencement of development samples of the brick type to be used for the chimneys and decorative external features shall be submitted to and approved in writing by the Planning Authority. The development shall not be carried out other than in accordance with the approval.
Visibility splays
Visibility splays of at least 2 m by 18 m shall be provided at the site access prior to the first occupation of the dwelling. No development shall take place until scaled drawings indicating the maximum visibility splays that can be achieved have been submitted to and approved in writing by the Planning Authority and these works shall be carried out as approved. No obstruction to visibility above 1 metre in height shall take place within the splays so provided.
Boundary planting
Boundary planting as shown in the approved drawings is to be carried out in the first planting season following the occupation of the dwelling. Any tree or shrub which within 5 years from the completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species unless the Planning Authority gives written consent to any variation.
Hard landscaping
Prior to the commencement of development full details of hard landscaping, including materials, shall be submitted to and agreed in writing by the Planning Authority. The details shall include all footpaths and other hard surfaced areas. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling.
Paddock fencing
Prior to first occupation of the dwelling hereby approved a fence shall be erected along the line and in accordance with the specifications shown on approved drawing 02 Site Plan rev P1 to subdivide the area of the site indicated as 'paddock' from the land on which the approved dwelling is to be constructed. At no point following occupation of the dwelling hereby approved shall the land indicated as 'paddock' be used for any domestic purposes.
No permitted development
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval).
Occupancy restriction
This permission may be taken up, and the dwelling may be first occupied, only by the applicants, their dependants and carers.
Tholtan restoration
The Tholtan building shall be restored, in accordance with details which shall first be submitted to and approved in writing by the Planning Authority, within a period of four years from the date of first occupation of the approved dwelling.
Site levels
Prior to the commencement of development details of the existing and proposed site levels and the proposed finished floor level of the dwelling shall be submitted to and agreed in writing with the Planning Authority and the development shall be carried out in accordance with the agreed details.
Drainage details
Prior to the commencement of development details of surface water and foul drainage shall be submitted to and agreed in writing with the Planning Authority in conjunction with the Drainage Authority. The drainage shall be provided in accordance with the approved details prior to the occupation of the dwelling.
Initially objected; objection retracted after applicant discussions - do not object
Comments received
e-mail comment
An approval in principle for a disabled person's dwelling was granted on appeal in 2007. The reserved matters application was approved by the Planning Committee but appealed by Lezayre Parish Commissioners and neighbours citing drainage, flooding, size, amenity and landscaping concerns. The inspector found the revisions addressed previous refusals on prior schemes, drainage could be secured by condition despite local flood history, visual impact and amenity effects acceptable, access improved, and landscaping sufficient with conditions. The Minister concurred with the inspector's recommendation to dismiss the third-party appeal, confirming approval subject to clarified and additional conditions including drainage details, levels, tholtan restoration, and fencing.
Precedent Value
Confirms that where AIP principle is established, reserved matters appeals succeed by evidencing fixes to prior refusals via revisions/conditions, even against strong local opposition on drainage if technically agreed; future applicants should pre-agree drainage with authorities and propose robust conditions for sensitive sites.
Inspector: Neil A C Holt TD BArch(Hons) DipTP DipCons RIBA MRTPI
