27 June 2005 · Minister for Local Government and the Environment (following Planning Committee approval, review, and dismissed appeal; report by Inspector David G Hollis)
Isle Of Man Education, Arbory School, Main Road, Ballabeg, Castletown, Isle Of Man, IM9 4lh
The proposal involved surfacing a grassed area (25.5m long by 8.75m wide) with macadam, enclosing it with 1.2m high 'Bow Top' fencing, adjusting levels for drainage away from the neighbouring property, installing a new drain to a watercourse, and adding a metal storage shed (2.38m deep x 2.33m wide x 2.05m high).
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The inspector concluded the main issues were drainage/flooding risk to appellant's property and amenity detriment from noise/loss of privacy.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Spillway/outfall details
A proper spillway/outfall must be constructed at the stream; a detailed plan thereof must be submitted to and approved by the Planning Committee prior to the commencement of any works; this plan should be prepared in consultation with the Drainage Division of the Department of Transport.
Approved plans
Subject to conditions (2) and (4) hereof, this approval relates to drawing number 'Arbory/04' which is date-stamped 15th April 2005.
Boundary fence
Prior to the commencement of any development, a scheme for the construction of a solid timber fence, 1.5 metres in height along the southern boundary of the play area shall be submitted to and approved in writing by the Planning Committee; the approved fence must be erected before the play area is brought into use as such.
no adverse traffic impacts, no objection
satisfied with drainage scheme and stream capacity
no comments on amended plans; any approval should ensure adequate drainage (condition addressed)
Drainage Division approved the proposals subject to construction of a proper spillway/outfall with gabion apron to prevent scour; Highways Division had no objection; Arbory Parish Commissioners raised initial drainage concerns but later had no comments.
Key concern: scour in the adjacent stream requiring spillway/outfall with gabion apron
Drainage Division, Department of Transport
Conditional No ObjectionThe additional flow from the Safe Play Area will not cause any problems to the adjacent stream but the Division does recommend a proper spillway/ outfall is constructed at the stream to avoid any scour in the area.; the crucial part is the gabion apron to avoid scour which is included in the scheme.; The most important issue for the spillway is to ensure it includes some type of apron on the stream bed and on the opposite side of the stream to avoid any possible scouring of the banks.
Conditions requested: proper spillway/outfall is constructed at the stream to avoid any scour; gabion apron to avoid scour on the stream bed and opposite side of the stream
Highways Division, Department of Transport
No ObjectionThe Highways Division of the Department of Transport has no views on the following application, the application having been considered and having no adverse traffic impacts.
Arbory Parish Commissioners
Conditional No ObjectionAny approval of this application should ensure that drainge in this corner of the school grounds is adequate to prevent the immediately adjacent residential properties being affected by water run-off from the surfaced play area.
Conditions requested: any approval should ensure that drainage in this corner of the school grounds is adequate to prevent the immediately adjacent residential properties being affected by water run-off from the surfaced play area
Arbory Parish Commissioners
No Commentthe Commissioners are unclear from the amended plan how the surface water from the play area is taken away from the site.
Arbory Parish Commissioners
No Commentmy Commissioners have considered the above application and have no comments to make.
Arbory Parish Commissioners
No Commentmy Commissioners have considered the above application and have no comments to make.
The Planning Committee granted permission for a surfaced play area, fencing, and storage shed at Arbory Primary School following amendments to address drainage concerns, including a new drain directing water away from the adjacent residential property. Appellant Mr G Cringle objected on grounds of past flooding due to severed drains, increased noise from hard surfacing a currently unused area, visual impact, and inadequate stream capacity. The inspector analysed drainage and amenity issues, finding the revised drainage scheme satisfactory based on Drainage Authority approval and site levels, and normal school noise not harmful given the established use. Privacy concerns from the low boundary wall led to a recommended condition for a 1.5m solid timber fence, accepted by the Department of Education. The appeal was dismissed, upholding the original approval with the additional condition.
Precedent Value
This appeal demonstrates that third-party objections to school developments must be supported by technical evidence outweighing authority approvals; applicants can succeed by amending schemes and accepting conditions during inquiry. Neighbours appealing granted permissions learn that normal school activities like play areas carry limited weight against educational needs.
Inspector: David G Hollis
