15 December 2021 · Planning Committee
Conister, Main Road, Santon, Isle Of Man, IM4 1jb
The proposal seeks approval in principle for demolishing the existing dwelling 'Conister' and building four detached single-storey dwellings to eaves level on its rear garden, with a new access road from the A5 Main Road.
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The officer assessed the principle of residential development as acceptable because the site is zoned 'Predominately Residential' on Map 11 of the Area Plan for the East, superseding prior countryside…
Strategic Policy 1
Requires optimising use of under-used land, efficient site use, and utilising existing infrastructure. Officer found site acceptable as sustainable location within village using existing A5 highway and services.
Strategic Policy 2 - Priority for new development to identified towns and villages
Directs new development to towns/villages. Newtown is a named village, supporting principle of housing.
Strategic Policy 4
Villages like Newtown should maintain character with appropriate scale housing. Proposal at low density (8 dwellings/ha) fits edge-of-settlement bungalow character.
Spatial Policy 5
New development in defined settlements. Site within residential zoning.
Strategic Policy 10
Promotes integrated transport minimising car journeys and ensuring highway safety. Access aligns via A5 frontage.
General Policy 2
Requires accordance with Area Plan zoning, respect for surroundings in siting/scale/design, no adverse amenity/highway impacts, protect habitats/trees. Principle acceptable per zoning; details deferred to reserved matters with conditions on design, access, ecology to ensure compliance.
Housing Policy 4
New housing in villages per Area Plans. Site zoned residential.
Environment Policy 42 - character and need to adhere to local distinctiveness
New development to respect local character, no inappropriate backland eroding green spaces. Acceptable if access/amenity satisfactory; single-storey condition and landscaping to match bungalow streetscene.
Transport Policy 4
Highways to accommodate development traffic safely. DoI Highways no objection with detailed conditions.
Transport Policy 7
Parking per standards. Condition requires provision in reserved matters.
Time limit for reserved matters
The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.
Reserved matters approval required
Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.
Reserved matters details including single storey
Plans and particulars of the reserved matters referred to in condition 2 shall include details of; (a) dwelling limited to single storey below their eaves level; (b) the surface treatment of any roadways and other parts of the site which will not be covered by buildings; (c) all external materials to be used in the development; (d) existing and proposed ground and floor levels; (e) foul and surface water drainage. (f) the surface treatment of any roadways and other parts of the site which will not be covered by buildings; (g) existing and proposed ground and floor levels; (h) integrated measures to support bio-diversity net gain. (i) provide sustainable drainage systems.
Bicycle, EV, parking and waste details
Any future Reserved Matters application shall also include the following details: i. Bicycle, EV charging points and car parking provisions in accordance with the adopted standard ii. Waste bin storage and collection.
Landscaping implementation
Prior to the occupation of the dwelling, the landscaping as proposed by the reserved matters condition 2 under landscaping of the site, shall be installed and retained thereafter.
Highway details in reserved matters
Plans and particulars of the reserved matters referred to in condition 2 shall include details of highway specific details showing; i. Access junction arrangements, including visibility splays to accord with Manual for Manx Roads and DMRB ii. Closure and reinstatement of any existing site accesses made redundant by the proposal iii. Street and plot layout, including turning points iv. Car parking provision in accordance with adopted standards v. Bicycle parking in accordance with criteria within Manual for Manx Roads vi. A swept path analysis of the proposed access junction using a large waste collection vehicle to demonstrate suitability of the corner radii, internal layout, including any turning point vii. Stage 1/2 Road Safety Audit viii. Off-site works to the adjoining footway, layby, and any works necessary to the carriageway markings on Main Road, Santon.
Pre-commencement ecological survey
No development shall commence until an ecological survey of the site has been submitted to and approved in writing by the Department. The ecological survey shall identify matters of ecological interest within the site and measures to mitigate ecological impacts where appropriate, including a timetable for their implementation. The development shall not be carried out unless in accordance with the approved details.
Pre-commencement bat survey
No development shall commence until a bat survey has been submitted to and approved in writing by the Department. The bat survey shall identify impacts on bat species together with mitigation, where appropriate, including a timetable for its implementation. The development shall not be carried out unless in accordance with the approved details.
no objection subject to conditions on detailed highway arrangements including visibility splays, swept path analysis, road safety audit, and off-site works
No Flood Risk Management Issues
no objection to the tree loss
Highway Services Division raised no objection subject to detailed conditions on access, parking, and safety measures; DEFA Ecosystem Policy Officer requested ecological mitigation conditions; Senior Arboricultural Officer had no objection to tree removal.
Key concern: Net loss of biodiversity from tree and shrub removal
Highways Development Control
Conditional No ObjectionHighway Services Development Control raises no opposition subject to a condition on the proposal be permitted; Recommendation: DNOC; Works to the highway will require S109(A) Highways Act 1986
Conditions requested: Submission and approval of full details prior to commencement including: i. Access junction arrangements, including visibility splays to accord with Manual for Manx Roads and DMRB; ii. Closure and reinstatement of any existing site accesses; iii. Street and plot layout, including turning points; iv. Car parking provision in accordance with adopted standards; v. Bicycle parking in accordance with criteria within Manual for Manx Roads; vi. Swept path analysis using large waste collection vehicle; vii. Stage 1/2 Road Safety Audit; viii. Off-site works to footway, layby, and carriageway markings
Highways Development Control
Conditional No ObjectionHighway Services raise no opposition subject to a condition; Recommendation: DNOC
Conditions requested: Submission and approval of full details prior to commencement including: i. Access junction arrangements, including visibility splays; ii. Closure and reinstatement of any existing site access; iii. Street and plot layout, including turning points; iv. Car parking provision in accordance with adopted standards; v. Bicycle parking in accordance with criteria within Local Transport Note 1/20 or Active Travel Wales; vi. Swept path analysis using large waste collection vehicle; vii. Stage 1 Road Safety Audit; viii. Off-site works to footway, layby, and carriageway markings
Ecosystem Policy Officer, DEFA
Conditional No ObjectionDEFA will continue to promote a policy of ‘no net loss’ for semi-natural Manx habitats and species; Should the application be granted approval in principle, I request a condition is secured for the next stage
Conditions requested: Details of suitable ecological mitigation measures to ensure no net loss for wildlife; Arboricultural impact assessment, tree survey and tree protection plan; Details of replacement Manx native tree planting; Retain hedge around the whole site
Senior Arboricultural Officer, DEFA
No ObjectionI am satisfied that the trees proposed for removal are either low quality or low amenity value so the Ag & Lands Directorate do not object to the proposal
Original application 20/01507/A for approval in principle for four detached dwellings and access was permitted by Planning Committee on 15-12-2021 despite objections, with conditions including single storey limit below eaves (condition 3a). Appeal A by Mr Warrender (Inglemere) challenged entire approval on highway safety, parking, drainage, and water supply grounds. Appeal B by applicant Mr Nyawai challenged condition 3a as premature and unnecessary. Inspector's analysis found principle acceptable per zoning, highway access safe per DOI with no objections, visual impact mitigated by screening/topography, no amenity harm, and condition 3a unwarranted at AIP stage. Recommended dismissing Appeal A (uphold approval) and allowing Appeal B (delete 3a), with revised conditions.
Precedent Value
Backland in villages zoned residential acceptable if access safe per DOI/RSA and amenity screened; AIP conditions on height premature if assessable at reserved matters; technical evidence trumps neighbour testimony absent records.
Inspector: B J Sims
