1 July 2003 · Governor in Council
Land At Ballacubbon - Fields 424841 & 424842, Main Road, Colby, Isle Of Man, IM9 4pr
The proposal involved building 14 affordable housing units (8 first time buyer homes and 6 sheltered housing units), a bus shelter, layby, children's play area, public open space and associated infrastructure on a 1.25ha vacant grazing site bisected by access to Ballacubbon House, zoned for residential use in the Arbor…
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The inspector noted the site is designated for residential development in the adopted Arbory and East Rushen Local Plan and benefits from extant approval in principle for 14 dwellings granted 7 Decemb…
Policy C/P/2
Requires residential development permitted subject to development briefs; sheltered housing permitted as alternative residential use. Inspector found total dwellings complied despite distribution variation as sites developed comprehensively by owner.
Development Brief 12 - Land west of Ballacubbon
Limits to 6 dwellings, requires landscaping, bus shelter, play facilities/open space, drainage approval. Proposal exceeds with 12 dwellings but total across DB12+16 acceptable for single site; other elements compliant.
Development Brief 16 - Land east of Ballacubbon
Limits to 8 dwellings, requires landscaping, play/open space, drainage/transport approval. Proposal has only 2 dwellings but total across briefs acceptable.
Time limit
The development hereby approved shall be begun before the expiration of two years from the date of decision.
Landscaping approval
No development shall take place until there has been submitted to and approved by the planning authority details of the landscaping proposals indicated on the submitted drawings together with the extension of the structural planting along the southern and eastern side of the children's play area.
Landscaping implementation
All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the dwellings or the completion of the development, whichever is the sooner; and any trees or plants which, within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the planning authority gives written consent to any variation.
Bus layby construction
The bus lay-by shall be constructed as shown on Drawing No.42 PROP/9906/01 Revision E.
Estate road construction
No dwelling shall be occupied until the estate road has been constructed to at least base course level and adequately lit from the junction with A7 up to the access to the dwelling to the satisfaction of the planning authority after consultation with the highway authority.
Sheltered parking increase
No development shall take place until a plan has been submitted to and approved by the planning authority showing the provision of car parking spaces, associated with the elderly persons units, increased from 7 to 9 spaces.
Parking completion
No dwelling shall be occupied until the associated parking facilities have been completed to the satisfaction of the planning authority after consultation with the highway authority.
Drainage completion
No dwelling shall be occupied until the sewage and surface water drainage works have been completed in accordance with the submitted plans.
No objection in principle subject to connection to public sewers, no surface water to foul system, adoption agreement
No adverse traffic impacts subject to conditions on bus layby, estate road, traffic calming, home zone measures, parking, sight lines
Highways Division and Drainage Division issued conditional no objections with specific infrastructure conditions; Water Authority requested water supply consultation; Arbory Parish Commissioners raised concerns about parking and screening; Disability Access Office recommended acc…
Key concern: highway and traffic impacts
Department of Transport Highways Division
Conditional No ObjectionNo adverse traffic impacts, subject to the imposition of the following conditions; To ensure adequate access and vehicle parking facilities and in the interests of road safety.
Conditions requested: A bus lay-by shall be constructed as shown on drawing No 42PROP/9906/01 Rev E.; No dwelling on the site shall be occupied until the estate road has been constructed to at least base course level and adequately lit from the junction with the A7 up to the access to the dwelling to the satisfaction of the Planning Authority after consultation with the Highway Authority.; Traffic calming shall be incorporated into the road layout.; "Home Zone" measures shall be incorporated into the road layout.; 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.; Sight lines shall be provided for the access onto the adopted highway, in accordance with Department of Transport standards.
Department of Transport Drainage Division
Conditional No ObjectionNO OBJECTION In principle subject to:; All drainage works must conform to the requirements of the Department of Transport's "Manx Sewers for Adoption"
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.; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s).; If the developer requires the proposed sewers and associated drainage works to be adopted, the Division recommends that the developer enter into an adoption agreement with the Division prior to work commencing on site in accordance with section 8 of the Sewerage Act 1999.
Water Authority
Conditional No ObjectionThe following list of Planning Applications have been noted as "of interest" to the Authority
Conditions requested: a condition of Planning be made that the applicants contact the Authority with regard to the provision of a Water Supply for the development, in accordance with the Water Supply Byelaws
Arbory Parish Commissioners
No Commentit appears that the parking available for the sheltered accommodation units is inadequate; it is felt that it is unfair to adjoining existing property owners for the proposed play area not to be well screened
Conditions requested: play area not to be well screened, possibly by a substantial planting of trees and bushes
Disability Access Office
Conditional No ObjectionEstate layouts should ensure there are dropped kerbs at all road junctions and that appropriate tactile paving is provided.
Conditions requested: Estate layouts should ensure there are dropped kerbs at all road junctions and that appropriate tactile paving is provided.; Dropped kerb crossing places should also be provided at various points along any road although these can be provided by way of driveways to properties.; If however the alternative 'shared surface' option is used then there should be a clear delineation line between pavement and road to assist people with sight impairment.; Where common parking is to be provided then 5% should be designated disabled parking.
The site at Ballyacubbon, Main Road, Colby had prior approval in principle granted on 7 December 2001 for 14 dwellings, bus shelter and layby, with the current application treated as reserved matters. The Department of Local Government and the Environment supported the proposal as conforming to the adopted local plan's residential zoning and development briefs (total dwellings matching), providing mixed affordable housing to meet local needs evidenced by housing registers. Third parties raised concerns over dwelling layout not matching development briefs, impacts on conservation area properties, parking, landscaping, play area amenity, traffic and daylight. The inspector found the principle established, rejected most objections as either addressed at outline stage or unpersuasive, required amendments via conditions for parking, landscaping and screening, and recommended full permission be granted subject to 8 conditions.
Precedent Value
On sites with outline permission and local plan allocation, inspectors focus on details and require conditions for minor deficiencies rather than refusal; third party objections need technical evidence to succeed against policy-compliant schemes providing housing needs.
Inspector: R S HAWTHORNE
