13 August 2003 · Minister for Local Government and the Environment (following Planning Committee refusal on review and appeal inspector recommendation)
Jubilee House, Clay Head Road, Baldrine, Isle Of Man, IM4 6dp
The proposal sought approval in principle for a bungalow or dormer bungalow (approx. 4500 sq ft with garage) on a roughly square plot of undeveloped land adjacent to scattered rural housing on narrow Clay Head Road.
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The Planning Committee expressed sympathy for the applicant's delays but refused as 'an approval for development on this site would be judged premature until the area plan process has been exhausted' …
no adverse traffic impacts subject to conditions on turning, gradient, drainage, parking, sight lines
no objection; supports to avoid applicant distress and align with nature walk development
considerable weight to emerging plan due to age of 1989 plan/revision since 1995/delays; contrary to natural justice to block on technicality
Lonan Parish Commissioners object strongly to the application on multiple grounds including disproportionate size, infrastructure capacity, and precedent; Manx National Heritage expresses concerns over visual impact and seeks limiting conditions; Highways Division has no objection subject to six specific conditions.
Key concern: road infrastructure inadequate for further development and construction traffic
Lonan Parish Commissioners
ObjectionThis is an application for a very large dwelling that is of a disproportionate size to the adjacent properties, and would not sit well within that vicinity.; The Board has asked me to inform you that they have REFUSED the above Planning Application.; The Water Authority have stated quite clearly that the current position regarding provision of water and sewerage services in the Baldrine Area is now at its limit
Manx National Heritage
Conditional No ObjectionManx National Heritage is concerned at the proliferation of residential development on the Clay Head Road; We therefore seek reassurance, should the Committee be minded to approve this application, that conditions will be attached to limit the scale and mass of any future dwelling applied for in detail, and that conditions regarding finishes and materials will also be attached
Conditions requested: conditions to limit the scale and mass of any future dwelling applied for in detail; conditions regarding finishes and materials to minimise visual intrusion
Highways Division
Conditional No ObjectionNo adverse traffic impacts, subject to the imposition of the following conditions
Conditions requested: The access drive arrangements shall comprise a turning feature to permit a motor car to turn round within the site, so that the vehicle can emerge from the site in forward gear.; The gradient of any vehicle access drive shall not exceed 1 in 10.; No water from the site shall be permitted to flow onto the highway.; Parking arrangements on site shall meet the requirements of the Planning Committee after consultation with the highway authority.; The access, including the sight lines, shall meet the requirements of the Planning Committee after consultation with the highway authority.; The proposed dwelling shall not be occupied until the highway turning head and parking spaces have been provided to the satisfaction of the planning authority after consultation with the highway authority.
The original application PA 03/0640/B for approval in principle for a dwelling was refused by the Planning Committee due to prematurity before Tynwald approval of the emerging Laxey and Lonan Local Plan, which designates the site for one dwelling but faces ongoing objections. The appellant argued personal hardship from delays, including selling their home and family instability, and that the site was supported by a prior Local Plan inquiry inspector. The Planning Committee and Lonan Parish Commissioners defended the refusal citing conflict with the adopted 1982 Plan, potential precedent, highway/infrastructure constraints, and risk of prejudicing Tynwald's plan process. Inspector David G Hollis concluded that granting permission would pre-empt Tynwald's authority and frustrate objectors' rights given unresolved objections, despite the emerging plan's advanced stage. The appeal was dismissed, upholding the refusal.
Precedent Value
Reinforces strict policy against approving developments anticipating emerging local plans with unresolved objections, even post-inquiry; applicants must wait for Tynwald adoption to avoid prematurity refusals, as seen in Braddan precedent upheld here.
Inspector: David G Hollis
