29 June 2004 · Minister for Local Government and the Environment
The Cottage, Glen Road, Colby, Isle Of Man, IM9 4nu
The proposal involved demolishing a derelict cottage and building a slightly larger traditional-style single-storey dwelling with dormer windows, slate roof, timber sash windows, new access from Glen Road for vehicle turning, and gabion retaining wall along the adjacent Colby River bank over 35m.
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The Minister agreed with the independent inspector's recommendation to dismiss the appeal, judging the primary ground as the deleterious effect of proposed works (gabion wall, excavation, tree removal…
Residential Policy 1
Applies to predominantly residential areas; judge on merits re appearance of finished building and impact on surroundings. Inspector confirmed site residential; no objection to principle/design/scale/amenity/character.
Environment Policy 5
No development permitted with adverse impact on identified wildlife corridors (Colby River south of Glen). Proposal interrupts corridor via tree clearance/river works disrupting habitat/food chain.
Planning Circular 1/93 Landscape Guidance Notes
Retain existing trees wherever feasible as intrinsic to island's beauty. Widespread tree loss from access/drive/river works creates clearing, harms character.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to Drg No's P.61301 and P.61302 Rev. A submitted as part of this application.
Access construction
No other works shall be commenced on site until the access with the adopted highway, including visibility splays, has been set out and established to the satisfaction of the Planning Authority after consultation with the Highway Authority.
Foul drainage
The proposed development must be connected to the public foul sewer 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 Transports "Manx Sewers for Adoption" and all necessary inspections/surveys [including CCTV] are to be carried out at the developer's expense.
No surface water to foul
There must be no discharge of surface water to the main foul sewer.
Surface water spillway
The proposed surface water discharge to the watercourse must be via a spillway, which must be constructed to Drainage Divisions specifications.
Tree protection
Prior to the commencement of works on site, those existing trees on site whose removal is not authorised by this approval must be adequately protected against damage during the course of construction, in accordance with the recommendations contained in British Standard 5837 (Section 8).
Photographic survey
PRIOR to the demolition of the cottage, a photographic survey of the dwelling and grounds must be undertaken, such photographs to be submitted to the Planning Authority.
no objection subject to supervision of riverbank works, limit to steeper sections, follow method statement under DoT/DAFF supervision; incorporate in approval
no objection to amended drawings if access set out before other works
no objection subject to building regs and smoke detection
no objections in principle to modest replacement cottage
Inland Fisheries objects strongly to the development due to proximity to Colby River and risk to trout habitat; Drainage Division has no objection subject to specific drainage conditions; Forestry Division advises tree protection standards.
Key concern: development within 8-10m buffer zone causing erosion, siltation and harm to trout fishery
Inland Fisheries Section, Department Agriculture Fisheries and Forestry
Objectionpresumption against any development occurring within 8 - 10 metres of any watercourse; this proposed development goes against this, and will destroy well established, undisturbed habitat; there is already an existing driveway to the property which can be restored with minimal work and no disturbance to the riverine environment; significantly less than the 8 - 10 metres specified by Inland Fisheries for any development in the vicinity of a watercourse
Conditions requested: restore existing driveway instead of new construction to avoid disturbance
Drainage Division, Department of Transport
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: permission required under section 35 of the Land Drainage Act 1934 for any work on watercourses, contact Drainage Division before work commences; connect to public foul sewer acceptable to Drainage Division PRIOR to building works per Manx Sewers for Adoption with inspections/surveys including CCTV at developer expense, advise of connection date per Sewerage Act 1999; NO discharge of surface water to foul drainage systems per Sewerage Act 1999; surface water discharge to watercourse via spillway constructed to Drainage Division specifications
Forestry, Amenity & Lands Division
No CommentWe have made a brief inspection of the above site and note it contains a number of significant trees.; We would draw your attention to British Standard 5837: 1991 which gives minimum protective distances recommended for various ages of tree
The original application 04/00668/B for a replacement dwelling was initially approved by the Planning Committee but refused on review due to impacts on trees, riverbank, and river ecology from site works including new access and gabion retaining wall. The appellant argued the site is in a residential area with no policy conflict, river bank repairs are necessary regardless, gabions are ecologically beneficial, DAFF tree advice supports via conditions, and method statements mitigate impacts. The Council defended refusal citing ENC/P4 and ENC/P5 protecting ecology and trees. The inspector found significant tree loss from access and river works would create a large clearing harming locality character and wildlife corridor, river works posed high siltation risk despite engineering merits, contrary to ENC/P5 and Circular 1/93; other matters like access and scale were acceptable. The inspector recommended dismissal.
Precedent Value
Demonstrates inspectors prioritise detailed tree impact assessment and ecological evidence in wildlife corridors over engineering solutions; future applicants must provide arboricultural surveys, ecological impact assessments, and softer bank stabilisation options like willow spiling to overcome 8m buffer concerns.
Inspector: David Ward
