13 April 2005 · Planning Committee (review decision)
Level Garage, The Level, Colby, Isle Of Man, IM9 4al
The site is a former petrol station and current vehicle garage on a prominent corner junction of A7 Ballagawne Road and B33 Croit-e-Caley Road in Colby village, covering about a third of an acre, bounded by roads, a stream and agricultural land.
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The Planning Committee accepted the principle of residential redevelopment per prior outline approval PA 04/0146 but found seven dwellings unacceptable due to little or no private amenity space despit…
Arbory & East Rushen Plan 1999
States no new developments on south side of A7 except alterations to existing properties; identifies southern sector as high landscape value/scenic significance and protects wildlife corridors. Objectors cited this against proposal; Committee refused on design/layout grounds despite principle accepted via outline.
Isle of Man Planning Scheme (Development Plan) Order 1982
Governs Committee constitution for decision/review; principle accepted under prior outline but detailed matters (siting/design) failed tests for amenity, character and overdevelopment.
no objections to amended access/traffic measures
additional drainage information provided and assessed
no requirement for 8m buffer; retain 2-3m wildlife corridor, fenced during construction
build under Part M Building Regulations; dropped kerbs/tactile paving
recommend consultation with Fire Service
contact IOMWA planning/projects section
Private residents object strongly to the development due to loss of views, privacy, traffic safety, and overdevelopment; Rushen Parish Commissioners object to overdevelopment and backs facing the road; Drainage Division has no objection subject to specific drainage conditions; IoMWA requests water supply coordination.
Key concern: overdevelopment - 7 houses on small prominent site
Rushen Parish Commissioners
ObjectionThe Boards views are - that they are opposed to this application as they regard 7 houses to be overdevelopment on this site.; The Members feel that the proposed changes to the junction is not in keeping with the area as a whole and point out that this is the main road through from Colby.; They also remain opposed to the proposed 7 dwellings as it would be over-intensive development of the site.
Drainage Division
Conditional No ObjectionNO OBJECTION In principle subject to:-
Conditions requested: The proposed residential development must be connected to the public foul sewer situated within the B33 via a newly constructed manhole. All drainage works must conform to the requirements of the Department of Transport’s “Manx Sewers for Adoption” and all necessary surveys [including CCTV] are to be carried out at the developer’s expense.; 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 and the Sewerage Act 1999.; If the developer requires the proposed sewers and associated drainage works to be adopted, the Division recommends that the developer enters into an adoption agreement with the Division prior to work commencing on site, in accordance with section 8 of the Sewerage Act 1999.; Full construction drawings for this development are required by the Division prior to any work commencing on site. These drawings must include proposed manhole details, surface water spillway and full longitudinal sections for both the foul and surface water sewer, all works must be designed in accordance with 'Manx Sewers for Adoption'.; written permission is required from the Department of Transport for any work carried out on any watercourses throughout the Island
IoMWA
No CommentThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority
Conditions requested: condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws
Precedent Value
This review statement demonstrates effective rebuttal of refusal reasons through evidence of consultations (DoT, DAFF), precedent from outline approval, local character comparisons via photos, and market need for starter homes. Future applicants should pre-consult statutory bodies and document agreements to strengthen appeals.
