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The site represents the curtilage of an existing, albeit abandoned cottage which lies on the river side of Colby Glen Road within the Conservation Area. The property is not particularly attractive although its setting is superb, alongside the river. The site is within an area designated as Residential on the Arbory and East Rushen Plan.
Previously, planning permission was sought for the redevelopment of the site. PA 04/0668 proposed the erection of a replacement dwelling but was refused on appeal due to the potentially deleterious impact on the river bank and wildlife corridor. The Minister was keen, whilst upholding the refusal, to add the without prejudice note to encourage redevelopment of this site which is easily seen within the CA. The objections to the proposal were only in respect of the impact of the loss of trees, stability of the river bank and impact on the river, not to the principle of the redevelopment of the site or any aspect of the proposed replacement dwelling. The Inspector noted that as far as he was concerned the redevelopment of the house did not necessitate the works to the riverbank which were proposed in that application. He also expressed concern about the use of gabion baskets.
The dwelling now proposed is exactly the same as that proposed previously. Instead of the gabion basket approach along 35m of the river bank, the existing riverside wall is to be repaired and with minimal disruption to the existing tree cover, the access and parking to be provided at the upper leevl alongside the road with a path to the dwelling.
There is no objection from DAFF Fisheries although they point out that work will be undertaken within the recommended 8m of the river.
The residents of Awin Oirr still object to the removal of trees alongside the road. They point out that there is an existing driveway which could be used without so much impact. They express concern at the size of the new property (although they didn't previously)
Dot dd raise no objection. Arbory Comms support the proposal. There are no views from Forestry.
I have spoken with Peter Williamson who confirms that the new access would result in fewer trees being lost than upgrading the existing and providing a turning area.
The applicant has clarified the proposed working practices during construction such that no trees whose removal is not necessitated by the new development, would be lost as a result of the development process.
This application appears to overcome the concerns expressed previously and would improve the appearance of a derelict unattractive cottage within an important Conservation Area.
Recommended Decision: Permitted
Date of Recommendation: 27.09.2005
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. 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.
C 3. 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 DAFF is recommended in this respect.
C 4. There must be no discharge of surface water to the main foul sewer.
C 5. 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
C 6. 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.
N 1. The Chief Fire Officer recommends the installation of mains wired interconnected domestic smoke detection.
N 2. The applicant should liaise with DAFF regarding the undertaking of works alongside the river bank and within the corridor between the new dwelling and the river. The applicant should ensure that all appropriate precautions are in place to minimise damage to the river bank during the demolition and reconstruction works and to ensure that there is no risk of sediment or silt entering the bed of the river. 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 disputation to the river bank and no disturbance to the substrate of the river.
N 3. The applicant is advised that under section 35 of the Land Drainage Act 1934, permission is required from the Department of Transport for any work carried out on any watercourses throughout the Island. It is strongly recommended that the applicant contacts the Drainage Division before work commences on site to discuss the proposed work on the riverbank.
N 4. For single connections to a water main (i.e. a single dwelling) the applicant should contact Isle of Man Water Authority Customer Services, telephone 695949.
Decision Made : ... Committee Meeting Date : ...
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