20 April 2004 · Planning Committee on review, upheld by Minister after appeal inquiry
Kings Haven, Ballaragh Road, Laxey, Isle Of Man, IM4 7ph
The proposal sought approval in principle to subdivide the large curtilage of the existing single-storey dwelling 'Kings End' into two plots: Plot 1 for a new detached dwelling and Plot 2 for ancillary accommodation tied to the main house, to meet family needs including for a handicapped child.
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The site is within an area designated as predominantly residential in the extant 1989 Laxey Local Plan and confirmed in the emerging Laxey and Lonan Plan, creating a presumption in favour of residenti…
Residential Policy
Encourages additional residential development within village boundaries on zoned land, gap sites, or reasonable extensions with minimal environmental impact. Site is zoned Predominantly Residential; proposal seen as infill/extension consistent with this and nearby Area 7 allocation.
Residential development - houses in the countryside
Restricts countryside development to avoid fragility/sporadic impact; site not countryside but edge of settlement in residential zone, so policy not triggered.
Protection of public views of the sea
Requires new dwellings at similar level/height to existing to avoid intrusion into public views across site to sea.
Time limit and reserved matters
This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application.
Tied ancillary accommodation
This approval relates to the principle of the erection of two dwellings, one on plot 1 as an individual detached property and the other on plot 2 as accommodation ancillary to the accommodation available in "King's End".
Height and level control
The application for reserved matters should demonstrate that the new dwellings are built at a similar level and at height similar to the existing dwelling so as not to intrude into the public view across the site towards the sea any more than does the existing dwelling.
Parking, turning and access
The application for reserved matters must provide for the following: i) parking for at least three vehicles per dwelling ii) turning facilities to enable vehicles to enter and exit from the site in a forward gear iii) means of access to both of the new properties where adequate visibility splays are provided iv) means of access to both of the new properties where the gradient of each access does not exceed 1 in 10.
Foul sewer connection
The proposed development must be connected to the main foul sewer. NOTE: A Drainage Connection Fee will be payable to the Drainage Authority on this development.
Surface water disposal
There must be no discharge of surface water to the main foul sewer. NOTE The application for reserved matters must include details of the proposed connection to the main public sewer. NOTE There are no known surface water sewers in the area which would service the proposed development. It is recommended that the surface water from the development be disposed of by alternative methods other than that stated by the applicant. If water cannot be disposed of by means of a soakaway or other method, permission will not be granted to dispose of surface water to the main foul sewer.
No adverse traffic impacts, subject to conditions on parking, turning, gradient <=1:10, visibility splays per Manx Roads 1
No objection in principle subject to connection to public foul sewer, no surface water to foul, alternative surface water disposal (no known surface sewers)
Drainage Division and Highways Division raised no objections subject to specific drainage and access conditions, while Laxey Village Commissioners objected to over-intensive development and intrusion on neighbouring property, alongside multiple private objections on similar grounds.
Key concern: Over-intensive development of plot 1 impacting neighbouring Garth Cottage due to elevation and proximity
Drainage Division, Department of Transport
Conditional No ObjectionNO OBJECTION In principle subject to:; If no other methods of surface water disposal can be found, the Drainage Division of the Department of Transport request that this application be refused on these grounds
Conditions requested: The proposed development must be connected to the public foul sewer; Full details of the proposed foul and surface water drainage (including the proposed connections to the public sewer) must be submitted as part of any subsequent detailed planning applications; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s); The Drainage around the proposed dwellings will remain private upto the connection to the public sewerage system at manhole 9315
Drainage Division, Department of Transport
Conditional No ObjectionNO OBJECTION in principle, but subject to:; it is recommended that the surface water from the development be disposed by alternative methods
Conditions requested: The proposed development must be connected to the public foul sewer; Full details of the proposed foul and surface water drainage (including the proposed connections to the public sewer must be submitted as part of any subsequent detailed planning applications; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s); Contact the Development Control Engineer of the Drainage Division in order to discuss the proposed drainage layout
Highways Division, Department of Transport
Conditional No ObjectionNo adverse traffic impacts, subject to the imposition of the following conditions
Conditions requested: Parking arrangements on site shall comply with the provisions of Manx Roads 1; 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; Sight splays/sight lines shall be provided in compliance with Manx Roads 1
Laxey Village Commissioners
ObjectionThe Commissioners believe that the proposals will result in an over intensive use of the site, and object to the development, in particular the proposal for development of plot one; The Commissioners consider that the decision to approve this application should be overturned
The original application for approval in principle to create two residential development plots—one individual and one tied to the existing dwelling at Kings End—was approved by the Planning Committee on 16 April 2004 and confirmed on review on 25 June 2004. Neighbours Mr & Mrs Cain of Garth Cottage appealed, arguing policy conflict, countryside intrusion, overdevelopment, amenity harm, infrastructure issues, and highway problems. The applicant and Committee defended it as infill within a designated residential area per Laxey Local Plan 1989, with no amenity harm due to distances and orientation, supported by emerging plans and no statutory objections. The inspector found no policy objection to the principle, concluded a dwelling could be sited without harming amenities of Garth Cottage due to 50m separation and orientation, and noted details as reserved matters. The inspector recommended dismissing the appeal and upholding the approval subject to conditions.
Precedent Value
This appeal shows that in designated residential areas on village edges, the principle of infill plots can be approved at AIP stage if physical separation protects amenities, even against neighbour opposition; future applicants should emphasise local plan designations and site metrics over general countryside policy.
Inspector: J Trevor Graham
