6 June 2005 · Governor in Council
Works At (Formerly Known As Red Gap) School Hill Y Vaarney Yiarg Castletown Isle Of Man
The site is a recently completed housing development of 61 dwellings at Y-Vaarney Yiarg, Red Gap, Ballalough, Castletown, located between Royal Court offices, Buchan School, and surrounding housing areas including Rheast Barrule and Maynrys.
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The inspector examined the proposals under the Isle of Man Planning Scheme (Development Plan) Order 1982 following a site inspection on 25 April 2005.
Permitted Development Order 1983
The fencing exceeds permitted development heights (topping existing bank to reach ~2.8m, higher than allowed without permission). Full planning approval was required and granted as the improvements were deemed sensible and beneficial.
Time limit
the development approved shall commence before the expiration of four years from the date of the decision
no views on the application, having been considered and having no adverse traffic impacts
Highways Division has no views on application 05/00277/B, stating no adverse traffic impacts.
Highways Division
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.; 05/00277/B
The original application (05/00277/B) by the Department of Local Government and the Environment sought permission for erecting additional fencing to improve privacy for plots 52-61, creating a stepped link from Rheast Barrule to formalise an existing pedestrian route, and adding two parking spaces at the estate entrance for adjoining residents. The inspector's report examined these proposals post-development completion, noting no objections and observing on-site benefits such as enhanced privacy, better pedestrian linkage, and useful parking without significant landscape harm. The inspector concluded the features were sensible improvements. The Governor in Council accepted the recommendation and approved the application subject to a commencement condition.
Precedent Value
This appeal shows that minor post-development adjustments for privacy, access, and parking in housing estates can succeed if they demonstrably improve functionality without objections or significant harm, especially when supported by on-site evidence of need.
Inspector: Terrence Kemmann-Lane
