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
Drainage Division and IoMWA have conditional no objections related to sewer and water connections; Highways and Wildlife have no objections; Fire recommends smoke detection; private residents object on privacy grounds.
Key concern: significant impact on privacy and visual impact from proximity to neighbouring property
Drainage Division, Department of Transport
Conditional No ObjectionNO OBJECTION In principle subject to:; There must be NO discharge of surface water (including that from roofs and paved areas) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Department of Transport Drainage Division and the Sewerage Act 1999.
Conditions requested: The proposed dwelling must be connected to the public sewer(s) in a manner acceptable to the Department of Transport Drainage Division and on terms and conditions, which must be agreed with the Division prior to the commencement of any building works. All drainage works must conform to the requirements of the Department of Transport’s “Manx Sewers for Adoption” and all necessary inspections/ surveys [including CCTV] are to be carried out at the developer’s expense. A communication fee will be payable to the Department of Transport in respect of this drainage connection.; If soakaway approval not granted by Building Control, no permission for surface water discharge to foul system and alternative disposal required
IoMWA
Conditional No Objectionrequest 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: 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. For single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49
D S & MRS L GALE
ObjectionWe strongly object to this application on the grounds that it makes a significant impact on the privacy of our property; The proposed dwelling is unnecessarily and unacceptably close to existing property and would be unneighbourly thereto.
Wildlife and Conservation Division
No ObjectionI am therefore content that if this site is to be developed, this plan would retain the aspects of importance, from the Wildlife and Conservation point of view.; it appears to retain those aspects of the site that I consider to be most beneficial for wildlife, and in particular the bats feeding there
Highways Division, Department of Transport
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.
Isle of Man Fire and Rescue Service
Conditional No ObjectionThe installation of mains wired, interconnected domestic smoke detection conforming to BS 5446 : Part 1 : 2000, and installed to conform with BS 5839 : Part 6 : 1995, is recommended
Conditions requested: The installation of mains wired, interconnected domestic smoke detection conforming to BS 5446 : Part 1 : 2000, and installed to conform with BS 5839 : Part 6 : 1995, is recommended in accordance with Section 1 of the Building Regulations 2000 – Approved Document B
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
