16 December 2005 · Minister for Local Government and the Environment (on appeal, accepting Independent Inspector John S Turner's recommendation)
Land Adjacent To, River House, Riverside, Ramsey, Isle Of Man, IM8 3da
The proposal sought approval in principle to erect a bungalow on the eastern part of the garden of River House, on the north bank of the Sulby River in Ramsey. The site is screened by mature trees and hedges, separated from the river by a high bank, and accessed via a private lane with two sharp bends serving existing …
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The Planning Committee refused due to the private access lane not being of sufficient standard to accommodate additional traffic without harming amenity for neighbours and future occupants, contrary t…
Isle of Man Planning Scheme (Development Plan) Order 1982 - suitability of access and capability of roads
Requires assessment of access suitability; officer found lane inadequate for extra traffic due to narrow width, sharp bends, no passing places, outside applicant control for improvements. Inspector agreed despite Highways acceptance of public junction, as private lane configuration unsuitable for increase including construction traffic.
Ramsey Local Plan (predominantly residential use)
Site shown as Predominantly Residential; inspector accepted this zoning supports residential development.
emerging Isle of Man Strategic Plan
Supports housing supply in towns/villages and garden infill as sustainable; appellant argued compliance but inspector weighed against access failings.
no objection but development must take account of Bullen Report flood levels
no objection subject to conditions: vehicle turning area at Riverside end, site parking per Manx Roads 1, on-site turning to exit forward gear
no objection subject to discussion on position and finished floor level re Main River before detailed application
no objection providing minimum 8-10m from Sulby River to protect banks/bed/fisheries
no comment on merits, request informative note on approval
neutral stance but warnings on flooding, trees, precedent
Highways, Drainage, DAFF Inland Fisheries, IoMWA, and Ramsey Town Commissioners raised no objections subject to conditions on access, parking, drainage, water supply, and flood risk; Planning Society and residents objected strongly on access, size, flooding, and privacy grounds.
Key concern: inadequate access via narrow lane with blind bends
DOT Highways Division
Conditional No ObjectionNo adverse traffic impacts subject to the imposition of the following condition(s)
Conditions requested: A vehicle turning area must be constructed at the end of the Riverside.; Parking arrangements on site shall comply with the provisions of Manx Roads 1.; The access drive arrangements shall comprise a turning feature to permit a motor car to turn round within the site, so that the vehicle can emerge from the site in forward gear.
Department of Transport Drainage Division
Conditional No ObjectionNO OBJECTION In principle subject to
Conditions requested: The applicant is to contact the Department of Transports Land Drainage Engineer to discuss the position and the proposed finished floor level of the proposed bungalow, in respect to the adjacent Main River before submitting a detailed application.
DAFF Inland Fisheries
Conditional No ObjectionNo objection, provided the new development is a minimum distance of 8-10 metres from the Sulby River, in order to protect the banks, bed and fisheries of the river from disturbance.
Conditions requested: new development is a minimum distance of 8-10 metres from the Sulby River
IoMWA
Conditional No ObjectionFor single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49
Conditions requested: a 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.
Ramsey Town Commissioners
No ObjectionAny development adjacent to the Sulby River must take cognisance of the flood levels as identified within the Bullen Report. No development should be permitted which would allow any proposal to be at risk from flooding.
The original application 05/01631/A for approval in principle to erect a bungalow was refused by the Planning Committee on 22 March 2006 primarily due to the private access lane's inadequacy for additional traffic and insufficient tree coverage details. The appellant argued the site is in a predominantly residential area per Ramsey Local Plan, access is acceptable per Highways Division with conditions, trees are licensed for removal, and it supports emerging housing policies. The inspector accepted tree felling resolved the second refusal reason and land use zoning supports residential development but found the private lane's narrow width, sharp blind bends, and configuration unsuitable for increased traffic despite Highways conditions. Flooding was noted but mitigable. The appeal was recommended to fail, upholding the refusal.
Precedent Value
This appeal demonstrates that highways approval for public junction does not guarantee private lane acceptability if narrow/blind bends preclude safe passing; applicants must demonstrate control/improvements over full access route or risk dismissal despite policy support.
Inspector: John S Turner
