10 June 2003 · Planning Committee (review decision)
Plot 11 Carrick Bay View Colby Isle Of Man IM9 4dd
The proposal was for a 4-bedroom detached split-level dwelling with garage on an approved building plot within a small residential estate on a steeply sloping hillside site adjacent to Ballagawne Road.
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
The proposal was refused because, despite amendments, it did not overcome the reasons from prior appeal PA 01/2226/B, where the inspector found the dwelling would appear dominant and overpowering when…
Arbory and East Rushen Local Plan Policy BK/P/1
Site zoned for housing, approving layout for 12 dwellings. Proposal seeks detailed approval but design/size criticised for not respecting amenities of adjacent lower dwellings despite zoning. Officer noted split-level accepted elsewhere in estate due to topography but this plot's proximity requires smaller scale.
No objection in principle subject to connection to public sewers prior to works and no surface water to foul drains
No adverse traffic impacts subject to estate road completion and parking/turning prior to occupation
Private residents object strongly to the scale, massing, overlooking and incompatibility with existing dwellings citing prior appeal inspector findings; statutory consultees Drainage and Highways raise no objection subject to conditions; Rushen Parish Commissioners express concerns that revised plans do not fully address prior appeal refusal reasons.
Rushen Parish Commissioners
No CommentThe Commissioners therefore feel that the Developers should produce plans for dwellings which will be in keeping with the Inspectors views and this would make it more likely that there would be few objections.
Rushen Parish Commissioners
No CommentRushen Parish Commissioners remain of the same opinion as previously stated
Department of Transport Drainage Division
Conditional No ObjectionNO OBJECTION In principle subject to:
Conditions requested: The proposed development must be connected to the public sewer(s) in a manner acceptable to the Department of Transport Drainage Division and on terms and conditions, which must be agreed with the Division PRIOR to the commencement of any building works. All drainage works must conform to the requirements of the Department of Transport's "Manx Sewers for Adoption" and all necessary inspections/surveys [including CCTV] are to be carried out at the developer's expense.; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s)
Department of Transport Highways Division
Conditional No ObjectionNo adverse traffic impacts, subject to the imposition of the following conditions
Conditions requested: The dwelling shall not be occupied, until the estate road has been constructed to at least base course level and adequately lit from the junction with the adopted highway up to the access to the dwelling to the satisfaction of the Planning Authority after consultation with the Highway Authority.; The dwelling shall not be occupied until the parking facilities and vehicular access have been completed to the satisfaction of the Planning Authority after consultation with the Highway Authority, and such facilities shall thereafter be so retained.
Department of Transport Highways Division
No CommentThe Highways Division does not wish to make further representation to the forthcoming review, beyond the response in the initial letter.
Planning permission existed in principle for 12 dwellings on the site zoned for housing in the Arbory and East Rushen Local Plan, with 10 plots approved and under construction as split-level or bungalow dwellings. Plot 12 (Ensign Group plc) was refused by the Planning Committee due to over-dominance, prominence from Ballagawne Road, and overbearing impact on adjacent properties; Plot 11 was granted but appealed by third party Mr N P Davies on amenity grounds. Appellant arguments for Plot 12 emphasized conformity with established estate character, topography-driven split-level design, and mitigation via orientation, fencing, and planting; similar for Plot 11 support. Inspector found both proposed dwellings unacceptably dominant due to size, bulk, and proximity to lower existing properties on Ballagawne Road, with inadequate mitigation of overlooking from windows and terraces despite some amendments. Both appeals resulted in refusal: Plot 12 dismissal upheld refusal, Plot 11 reversal refused permission.
Precedent Value
Appeals demonstrate that outline permissions do not guarantee detailed approval; in sloping sites near existing lower dwellings, bulk, massing, and overlooking must be substantially mitigated through smaller designs even if topography constrains options. Future applicants should prioritize reduced scale, minimized upper-level glazing/terraces, and enhanced immediate screening over matching broader estate character.
Inspector: David G Hollis
