1 October 2004 · Minister for Local Government and the Environment (following Planning Committee refusal, review, and appeal inspector report)
Fields 614589, 612008 & 612011 Ballacollister Road Laxey
The proposal sought approval in principle for six predominantly single-storey dwellings on approximately 5 acres of grass fields (614589, 612008, 612011) north-east of Ballacollister Road, between Ballacollister Heights and South Cape, Laxey, including a new access road off the narrow Ballacollister Road.
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The Minister concurred generally with the independent inspector's recommendation to dismiss the appeal, confining concerns to the 'middle two' sections of Ballacollister Road (site frontage to Ballaco…
No objection in principle subject to connection to public sewers, no surface water to foul systems, soakaways subject to Building Control, discuss foul connections
Multiple local residents submitted objections to planning application 04/01089/A citing concerns over drainage, traffic safety, water supply, schooling capacity, visual impact, and infrastructure capacity; the Department of Transport Drainage Division submitted a no objection response subject to specific drainage conditions.
Key concern: inadequate sewerage and water infrastructure capacity as per Laxey and Lonan Plan
Department of Transport Drainage Division
Conditional No ObjectionNo Objection, in principle subject to:-; The Division has assessed this current application (PA 04/1089/A) and is satisfied that the site can be drained (foul only) given the proposals submitted by the application.; The Division did not object on the grounds of capacity problems downstream.
Conditions requested: The proposed development must be connected to the public foul sewers. Full details of the foul and surface water disposal routes from this dwelling must be submitted as part of any subsequent detailed planning application. Communication Fees will be payable to the Department of Transport in respect of these drainage connections.; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Department of Transport Drainage Division.; 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. Full details of the information required by the Division are listed within Part 1 of Manx Sewers for Adoption – ‘Aid to making a sewer adoption submission’.; The applicant is advised to discuss the drainage layout with the Drainage Division prior to submitting any detailed planning application.
The original application for approval in principle for 6 residential plots and access was refused by the Planning Committee because the development was premature pending widening of Ballacollister Road, which could not accommodate the additional traffic. The appellant argued the site was suitable per successive local plans, including the draft Laxey and Lonan Plan's development brief for 6 single-storey dwellings, with minimal traffic impact and resolvable technical issues. The Council defended the refusal on highway capacity but noted no policy objections to the principle. The inspector found the narrow road at the site frontage (2.3m wide on a bend) would create unacceptable traffic and pedestrian safety risks despite low predicted traffic generation, and surface water drainage evidence was unconvincing due to flaws in the submitted study requiring further tests. Other issues like sewage, visual impact, radio mast health effects, and water supply were not determining. The appeal was recommended for dismissal and confirmed.
Precedent Value
Even policy-supported small-scale infill can fail if access road is substandard at site frontage; future applicants must provide robust drainage evidence (tests/studies) and show highway improvements feasible via plans/conditions. Local resident highway safety concerns carry weight over technical forecasts.
Inspector: J S Turner
