31 January 2006 · Minister for Local Government and the Environment (following independent inspector's report)
Land To Rear Of The Colby Pump, Main Road, Colby, Isle Of Man, IM9 4nr
The proposal involved building a single-storey dormer bungalow (with rooms in the roof), attached sun lounge, and integral garage on a large wooded site allocated in the Arbory and East Rushen Local Plan for one dwelling only, with requirements to retain and protect trees.
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The inspector identified main issues as impact on wooded character (per local plan requiring one dwelling and tree retention/protection) and neighbour amenity.
Proposed Park designation
Requires residential development limited to one dwelling; where appropriate, retain existing deciduous trees with protection measures during/after construction (consult DAFF). Officer/inspector assessed proposal meets one-dwelling limit, retains important trees (DAFF confirmed), removes only poor/ivy-covered specimens, proposes additional planting; conditions enforce protection and management plan. No tension as DAFF satisfied on wildlife (bats).
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 erection of a dwelling and associated access and drainage all as shown in drawings reference 10, 11 and 12, all received on the 21 November 2005.
Tree protection during construction
Prior to the commencement of any works on site, all trees which are shown on the approved drawings as being retained must be adequately protected against damage both during and after the course of construction. The advice of DAFF should be sought in this respect. If any of these retained trees is removed, uprooted or destroyed or dies within one year from the date of first occupation of the building, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Planning Authority.
Planting and management plan
Prior to the commencement of any works on site, there must be approved a planting and management plan which indicates a future programme of planting and reinforcing the existing wooded areas. The advice of DAFF (Forestry and Wildlife Divisions) should be sought in this respect. The plan shall be implemented in accordance with the details and times specified within the plan.
Tree replacement
If within a period of five years from the date of the planting of any tree required by any condition of this permission that tree, or any tree planted in replacement of it, is removed, uprooted or destroyed or dies, another tree of the same species and size as that originally planted shall be planted at the same place, unless the planning authority gives its written consent to any variation.
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 disposal
There must be no discharge of surface water to the main foul sewer.
No further development
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no greenhouses, extensions, walls, gates, fences, garden sheds or summer houses, garages, decking, hardstanding, patios or tanks for the storage of oil for domestic heating shall be erected or constructed (other than those expressly authorised by this approval). NOTE: The reason for this condition is to ensure that, once erected, the property is not extended or altered in such a way as to compromise the woodland which is being protected and reinforced in this application.
No objection/no adverse traffic impacts
No comments
No objection subject to conditions on foul sewer connection and no surface water to foul sewer
No objection (note on contacting for connection)
No objection (recommends smoke detectors)
Complies with local plan, retains trees of nature conservation value (bats), no objection
The Planning Committee granted permission for erection of a dormer bungalow with sun lounge and integral garage on land rear of Colby Pump, Main Road, Colby, despite neighbour objections. Appellants Mr & Mrs Gale argued the siting allowed future development, failed to protect trees adequately, and harmed their amenity due to proximity and outlook loss. The applicant and Committee defended the location as optimal for tree retention, no overlooking, and compliance with the Local Plan for one dwelling with tree protection. Inspector Andrew D Kirby found the proposal met Local Plan requirements for one dwelling and tree protection via conditions, with minimal neighbour amenity harm despite changed outlook. He recommended dismissing the appeal and upholding permission with strengthened conditions on trees, planting, and no further development. The Minister concurred on 6 June 2006.
Precedent Value
Demonstrates that on policy-allocated sites, inspectors prioritise compliance with allocation (e.g. one dwelling, tree protection) over neighbour amenity preferences if harm not 'unacceptable'; detailed conditions can overcome valid criticisms. Applicants should secure technical support (DAFF) and propose restrictive conditions proactively.
Inspector: Andrew D Kirby
