13 October 2005 · Planning Committee
The Cottage, Glen Road, Colby, Isle Of Man, IM9 4nu
The application proposed demolishing an existing derelict cottage in a wooded site alongside the Colby River within the Colby Conservation Area and replacing it with a new cottage of similar design to a previously refused scheme, but with revised access, parking, and minimal river works via a spillway repair.
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The officer recommended approval as the revised scheme overcame prior appeal refusal reasons by minimising river bank disturbance (repairing existing wall near spillway instead of gabions) and reducin…
Residential Policy 1
Cited in prior appeal as for alterations/extensions only; not applicable to new residential development per Inspector.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This permission relates to the demolition of the existing dwelling and its replacement with new parking and access provision, all as shown in drawings P613/03A, P.613/04 and P.613/05 all received on 1st August, 2005.
Tree protection
Prior to the commencement of any works on site including demolition, the existing trees which are shown on drawing reference P.613/04 as being retained must be protected by the erection of fencing as required by the provisions of BS5837: 1991. Note: the advice of the Forestry Division of the Department of Agriculture, Fisheries and Forestry is recommended in this respect.
No surface water to foul sewer
There must be no discharge of surface water to the main foul sewer.
Foul sewer connection
The proposed development must be connected to the main foul sewer. NOTE: A Drainage Connection Fee will be payable to the Drainage Authority on this development.
Surface water spillway
The proposed surface water discharge to the watercourse must be via a spillway. Note: the details of this must be agreed with the Department of Transport prior to the construction of any spillway.
Roadside wall replacement
The development must incorporate the removal of all of the roadside brick wall and its replacement with a Manx stone wall traditionally laid.
no objections; demolition and replacement of derelict unsightly building and tidying site welcomed
no views; no adverse traffic impacts
no objection subject to foul sewer connection, no surface water to foul, spillway details agreed prior, Land Drainage Act permission
interested; condition for water supply connection under Water Supply Byelaws
Multiple statutory consultees including Inland Fisheries, Drainage Division, Forestry, Highways, and Arbory Parish Commissioners responded with no objections subject to conditions related to riverbank protection, drainage connections, and minimal disruption; neighbour objection noted but not a statutory consultee.
Key concern: river bank disturbance and construction within 8m of river bank
Department of Agriculture Fisheries and Forestry Inland Fisheries
Conditional No ObjectionAny repair work to the existing retaining wall to the river bank in the vicinity of the new spillway must be kept to an absolute minimum to ensure minimal disruption to the river bank and no disturbance to the substrate of the river.; To avoid disturbance to the wildlife corridor, the developer is asked to ensure that all appropriate precautions are in place...
Conditions requested: ensure all appropriate precautions in place to ensure damage to river bank is minimal during demolition and reconstruction and no risk of sediment or silt entering the bed of the river
Department of Transport Drainage Division
Conditional No ObjectionNO OBJECTION In principle subject to...; A Communication Fee will be payable to the Department of Transport in respect of this communication.
Conditions requested: permission required from Department of Transport under section 35 of the Land Drainage Act 1934 for any work on watercourses; contact Drainage Division before work commences; must be connected to public foul sewer in manner acceptable to DOT Drainage Division PRIOR to commencement of building works; conform to 'Manx Sewers for Adoption'; CCTV inspections at developer’s expense; advise date of connection in advance per Sewerage Act 1999; NO discharge of surface water to any foul drainage system(s) per Sewerage Act 1999; surface water discharge to watercourse must be via spillway agreed with Drainage Division
Department of Agriculture Fisheries and Forestry Forestry Division
No ObjectionInsofar as this proposal reduces the number of significant trees to be removed, it is preferable to its predecessor.; Whilst the Forestry Division neither approves nor disapproves of the development as a whole, I think it is unlikely the planning application would be opposed by this Department on the grounds of tree loss.
Department of Transport Highways Division
No CommentThe 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
No Objectionmy Commissioners have considered the above application and have no objections to make to this proposed development.; The Commissioners feel that the demolition and replacement of this derelict and unsightly building and the tidying of the site is to be welcomed.
Isle of Man Water Authority
Conditional No ObjectionThe Authority wish to express their interest... 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: condition of planning 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
Drainage Division
No ObjectionThe Department has studied the attached plan P.613/04 and finds the information satisfactory.; The Department will require notification of commencement on site and this will be reiterated in our letter to the Planning Committee.
Conditions requested: notification of commencement on site
The original application sought permission to demolish a derelict cottage and build a replacement in a predominantly residential area within a Conservation Area, adjacent to an Ecological Interest area and wildlife corridor. The appeal raised issues of tree removal for access and river works, and their effects on local character and wildlife. The inspector found that the development would require removal of several significant trees, creating a large clearing in a wooded area with insufficient space for replacement planting, severely harming locality character. River stabilization works, necessitated by the new dwelling, would disturb the river bed, cause siltation, and disrupt the wildlife corridor, contrary to policies. No policy breaches were found under the general Planning Scheme or Conservation Area policies, but Local Plan policies on wildlife and trees were not met. The appeal was dismissed.
Precedent Value
Demonstrates inspectors require detailed tree impact assessments beyond agency consultations, especially in wooded wildlife corridors. Future applicants must prove minimal tree loss feasibility and separate engineering from development-driven works.
