16 July 2021 · Planning Committee
Field 314758, Main Road, St Johns, Isle Of Man, IM4 3lx
This decision was appealedAP21/0026
Appeal dismissed
This decision was appealedAP24/0047
Appeal dismissed
The site is an irregularly shaped 2.8-acre field on the southern side of the A1 Main Road in St Johns, between the primary school and Balladoyne residential estate, designated as Development Area 1 in the St Johns Local Plan for up to six single-storey dwellings.
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The officer assessed the proposal against the St Johns Local Plan Development Brief for Area 1 (RES/P/1), which permits up to six single-storey dwellings (no dormers) subject to comprehensive roads/se…
Residential Development within Development Area 1
Requires max 6 single-storey (no dormer) dwellings, prior detailed roads/sewers/plots/landscaping approval, no construction traffic via Balladoyne (temporary route only, to be removed), permanent access via Balladoyne acceptable, archaeological scheme with MNH, no new dwellings behind Balladoyne Farmhouse. Officer found compliance: 5 dwellings (with prior 1=6 total), single-storey with rooflights only, site layout with access/turning/drainage, temporary field 312711 access conditioned, archaeology via WSI.
Policy OS/P/1 St John's Local Plan
Protects field 312711 open space in proposed Conservation Area contributing to village amenity/views. Temporary access conditioned as single-only, 18-month limit with restoration to safeguard openness.
presumes against any development which would adversely affect the southerly open countryside views from Peel Road
Setback dwellings limit visual impact from A1; temporary access restoration protects views of Slieau Whallian/Tynwald setting.
General Policy 2
Requires development respecting site/surroundings (siting/scale/design/landscaping), no adverse amenity/landscape/habitat/highway impacts, safe access/parking/services. Satisfied by single-storey design, 23-29m neighbour separation, tree/ecology conditions, access restrictions, drainage conceptual details.
Strategic Policy 4
Protect ancient monuments/Conservation Areas/archaeology, habitats, no pollution. Addressed by WSI for potential keeill, PEA for species/habitats.
Environment Policy 4
No adverse effect on protected species/habitats/Wildlife Sites. PEA reasonable avoidance/mitigation for birds/lizards, tree retention, native planting, lighting strategy.
Housing Policy 6
Zoned residential per area plan brief. Complies with RES/P/1 brief.
Strategic Policy 10
Promote integrated transport, no highway safety harm. Temporary/permanent access conditioned safe.
Transport Policy 2
Provision for bus/pedestrian/cycle routes linking systems. Access/turning compliant.
Transport Policy 3
Not compromise rail routes. No issue raised.
Transport Policy 4
Highways accommodate development safely. Visibility splays/turning approved.
Transport Policy 7
Parking per standards. Conditioned per drawing.
Time limit for full/in principle
The development hereby approved shall be begun either before the expiration of four years from the date of this approval, in relation to plots 2, 4 and 6 or before the expiration of two years from the date of approval of the last of the reserved matters, in relation to plots 1 and 3.
Reserved matters submission
Application for approval of all of the reserved matters in relation to plots 1 and 3 shall be submitted to and approved in writing by the Department before any development is commenced and before the expiration of two years from the date of this approval. The reserved matters shall include details of the internal layout, design and external appearance of plots 1 and 3, and thereafter shall only be carried out in accordance with the details as approved.
Archaeological works
The development works hereby approved, including any clearance or preparatory work shall be undertaken in accordance with the submitted 'Written Scheme of Investigation for Archaeological Evaluation' prepared by Wardell Armstrong dated February 2021.
Arboricultural method statement - drainage lane
Prior to commencement of any works relating to the drainage within the lane hereby approved, an Arboricultural Method Statement shall be submitted and approved in writing by the Department providing details of: a) Technical details of how the proposed protection measures will be implemented along the lane; b) A method statement for the installation of the foul drainage connection along the lane; c) An Arboricultural Monitoring Programme (AMP) providing a schedule of a monitoring and reporting programme of on-site supervision and checks of compliance on all arboricultural matters relating to the installation of drainage within the lane.
Tree protection implementation
The tree protection measures shall be fully installed, implemented and monitored as described in the Tree Protection Plan (drawing number 0725/PL104 Rev A) and the approved Arboricultural Method Statement required by condition 4.
Tree planting plan
Prior to the occupation of any approved dwelling a tree planting plan shall be submitted to and agreed in writing by the Department... [full details as stated].
Waste bin collection point
Prior to the occupation of any dwelling hereby approved, the waste bin collection point as shown on drawing 0725/PL103 Revision H must be provided and shall be retained thereafter.
Lighting design strategy for biodiversity
Prior to the occupation of any dwelling hereby approved a Lighting Design Strategy for Biodiversity shall first be submitted to and approved in writing by the Department. The strategy shall as a minimum include reference to Appendix VII of the Preliminary Ecological Appraisal report dated March 2020. All external lighting shall be installed in accordance with the specifications and locations set out in the approved strategy...
Ecological appraisal compliance
The development hereby approved including preparatory and clearance works shall be carried out in accordance with the recommendations and requirements of the Preliminary Ecological Appraisal report dated March 2020 specifically the Reasonable Avoidance Measures identified in Sections 6.7, 6.8, 6.11 to 6.16, and the management prescriptions detailed in Section 6.25.
Temporary construction access
No development or site works relating to the construction of the dwellings, turning head, internal access road and/or any other associated works except those drainage works along the lane shall be commenced until the temporary construction access as shown on drawing 0725/PL103 Rev H has been constructed... The lane for the drainage works shall not be used by any other construction traffic.
Temporary access removal
In the event that the construction access is no longer required or following 18 months of the access first coming in to use... the temporary access shall be removed and the land restored...
Visibility splays
The visibility splays of the temporary construction access hereby approved shall be maintained... with no obstruction greater than 1.05 metres above adjoining road level.
One temporary access only
For the avoidance of doubt there shall only be one temporary construction access installed on field 312711 at any one time.
No construction via Balladoyne
Prior to the commencement of any works on site details of fencing and measures to restrict the movement of construction vehicles relating to the approved development through the Balladoyne Estate shall be submitted... there shall be no construction access via Balladoyne estate...
Permanent access and turning head
Prior to the first occupation of any dwelling hereby approved the permanent access and turning head shown on drawing 0725/PL103 Rev H must be provided...
Driveway parking and turning
Prior to the first occupation of any dwelling the driveway parking, access and turning areas associated with that dwelling shall be provided in full accordance with Drawing 0725 PL103 Rev H...
No street lighting
Notwithstanding... no street lighting or lamp standards shall be erected... unless in accordance with the Lighting Design Strategy for Biodiversity as approved under Condition 8.
Tree root protection for temp access
Prior to commencement of any works relating to the temporary construction access technical details of how the proposed tree root protection system will be implemented and installed shall be submitted... and shall include information of monitoring and evidence of its completion.
Do not oppose subject to conditions on temporary access, turning head, parking per drawing 0725/PL103 Rev H; construction management plan; only 19/01324/B via Balladoyne
Do not oppose subject to conditions on PEA, no lighting, nesting birds/lizards/bluebells; encourage biodiversity enhancements/native planting
Do not oppose subject to arboricultural method statement, tree protection, planting plan; hedgerow replanting reasonable
No objection after drainage details; system not adoptable
No objection to development in principle
The original application was granted full approval for three dwellings and approval in principle for two more on land allocated for up to six single-storey dwellings in the St Johns Local Plan Development Area 1. Appellants (neighbouring landowners) appealed on grounds of inadequate drainage details, threat to archaeological remains (Cairn/Keeill site), and prejudice to adjoining land use within the allocation. The Planning Authority and applicant (Ravenhill Resources Ltd) defended the approval, citing compliance with policy, MUA no-objection to drainage connection, and archaeological investigations per Written Scheme of Investigation (WSI). Inspector conducted a site visit, rejected the late amended plan under Wheatcroft but used it to inform additional conditions (C19, C20) protecting the Cairn site by prohibiting works north of it and requiring approved alternative access to Plot 6. Appeal dismissed on 15 November 2021; approval upheld with revised conditions addressing drainage, archaeology, trees, access, and ecology.
Precedent Value
Demonstrates inspectors' willingness to use late plans to inform conditions without full Wheatcroft acceptance in exceptional cases (owned land, no prejudice). Emphasises statutory consultee advice trumping neighbour technical objections; future appellants must tie arguments strictly to planning policy, not implementation details.
Inspector: Brian J Sims
