23 March 2005 · Planning Committee (on review)
Old School House, South Cape, Laxey, Isle Of Man, IM4 7hz
The proposal involved subdividing the rear garden area (approximately 0.37 hectares developable) of the existing dwelling at Old School House into three building plots, each around 1/3 acre, served by a new improved access off New Road (A2) with retaining walls and grading.
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The Planning Officer considered the site insufficient to accommodate three dwellings without unacceptable impacts on neighbouring amenity due to lack of space for screening landscaping, elevated posit…
Policy 5.4 A policy of refurbishment and amalgamation of existing properties in the Conservation Area will apply
Policy applies to hillside west of New Road from Ballacollister to Rencell, recognising development problems; prohibits further approvals until comprehensive plan prepared covering access, service infrastructure, density, floor/ridge levels, landscaping. Officer assessed proposal as piecemeal, lacking these details, especially for density/access; emerging Laxey/Lonan Plan mods exclude site from proposed residential (Area 1), placing it in existing residential, reinforcing need for caution.
no objection subject to conditions
applicant/developer should consult with it
Multiple public objections and parish objection on grounds of drainage, water supply, highways safety, overdevelopment, privacy, heritage, and access rights; IoM Water Authority requests contact for connection; DOT Drainage offers conditional no objection but recommends refusal if no surface water disposal; DOT Highways objects due to inadequate sightlines.
Key concern: Highways objection to new access lacking sightlines on inside of A2 bend
IoM Water Authority
Conditional No ObjectionThe 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 to ensure that a connection is obtained for water supply purposes
Conditions requested: 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; For connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, the applicant should contact the IoMWA Planning and Projects Section, tel. 69 59 58
Department of Transport Drainage Division
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(s)) 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); Surface water from the development be disposed by alternative methods, other than stated by the applicant
Ian Wade, Drainage Division, Department of Transport
Conditional No ObjectionNO OBJECTION in principle, but 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(s)) 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); Surface water from the development be disposed by alternative methods, other than stated by the applicant
DOT Highways Division
ObjectionObjection:; there is insufficient frontage to permit the inclusion of appropriate sightlines, contrary to the interest of road safety
Laxey Village Commissioners
ObjectionThe Commissioners support the objections of residents and strongly object to this application; this wall should not be removed
The original application (04/02330/A) for approval in principle to create three building plots with an improved private access road on the rear garden of Old School House was refused by the Planning Committee on 18 March 2005 and confirmed on review on 12 May 2005, citing over-intensive development harming neighbour amenity and failure to demonstrate safe access sight lines. The appellant argued the site was zoned residential, each plot provided ample land for landscaping and privacy, and the access was a significant improvement with extensive retaining wall alterations. The Council defended the refusal based on Laxey Local Plan Policy 5.4 requiring a comprehensive plan for the area and specific concerns over density, overlooking, and access safety, supported by objections from Laxey Village Commissioners, Department of Transport, and neighbours. The inspector found the access seriously inadequate for three dwellings due to limited visibility (only 20m vs required 90m), justifying refusal as the main issue, and considered the amenity impacts unconvincing as presented. The appeal was recommended for dismissal.
Precedent Value
Even in residential areas, approval in principle applications must demonstrate safe access meeting highway standards for proposed intensity; indicative layouts must convincingly address amenity impacts. Policy 5.4 moratoriums may not be decisive if specific technical failings exist.
Inspector: Terrence Kemmann-Lane
