14 March 2006 · Minister for Local Government and the Environment (following Inspector's report)
Vacant Land At, Bradda View, Ballakillowey, Colby, Isle Of Man, IM9 4be
The application sought full planning approval for 12 detached two-storey dwellings of three types on approximately 1 hectare of vacant sloping land within the Ballakillowey residential estate, accessed via an extension of Bradda View.
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The Minister accepted the Inspector's recommendation to reverse the Planning Committee's approval, concluding the proposal failed the Arbory and East Rushen Local Plan Development Brief for Area 5 req…
Arbory and East Rushen Local Plan Policy BK/P/1
Permits residential development on designated areas per Map 3 and briefs; Area 5 brief requires 'density and style of development shall be in keeping with existing residential development adjoining the site' (Bradda View). Officer found compliant as density low relative to estate variation, footprints smaller, no streetscene harm; Inspector/Minister disagreed, as 12 dph exceeded Local Plan estimate of 5 and Bradda View context, with cramped gable designs unlike hipped bungalow mix.
Housing Policy 6
Requires land zoned for housing developed per relevant area plan brief. Applicant/Committee gave weight as new factor encouraging densities for housing supply; Inspector prioritised adopted Local Plan over emerging plan's density push.
General Policy 2
Sets criteria for allowing development. Applicant claimed compliance; not tested in detail by Inspector, who focused on Local Plan conflict.
No adverse traffic impacts subject to conditions on driveway widths (4.1m for 6m) and Home Zone features
No objection subject to conditions/notes on soakaways (percolation tests), no surface water to foul sewer, private maintenance of pump/station, ditch cleaning
No objection; consult on hydrants/fire access
No objection subject to notes on multiple connections
No objection; licence needed for sewage pump overflow
No objection; notes on dropped kerbs, tactile paving, shared surfaces, Part M build
Multiple private residents submitted objection letters raising concerns over density, style, drainage, wildlife, privacy, and traffic contrary to the Arbory and East Rushen Local Plan; Department of Transport Drainage Division provided conditional no objection with specific drain…
Department of Transport Drainage Division
Conditional No ObjectionThe proposed development must ultimately connect into the public foul system via manhole 5601 situated within Bradda View.; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s)
Conditions requested: Proposed development must ultimately connect into the public foul system via manhole 5601 in manner acceptable to Drainage Division; NO discharge of surface water to any foul drainage system(s); Submit full construction drawings to Drainage Division prior to work commencing; Gravity foul sewer plots 5-12, foul pumping station, rising main and discharge chamber remain private; Permission under section 34 Land Drainage Act 1934 for any pipe or culvert within watercourse with full calculations and drawings; Ditch to be cleaned out by developer during construction
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 that applicant must contact Authority to ensure connection for water supply under Water Supply Byelaws
The original application (05/92421/B) for 12 detached dwellings, estate layout and drainage on vacant land at Bradda View, Ballakilloway, Colby, Rushen was approved by the Planning Committee on 9 March 2006 with conditions. Local residents and Rushen Parish Commissioners appealed, arguing the density (12 dph) exceeded the Local Plan brief for Development Area 5 requiring density and style in keeping with adjoining Bradda View (average 8.2 dph), poor drainage, highway issues, and unneighbourly design. The applicant defended the scheme as compliant with the emerging Strategic Plan and technical requirements. The Inspector found the proposal conflicted with the adopted Arbory and East Rushen Local Plan brief, created a cramped layout unlike Bradda View's spacious mix, caused overlooking to neighbours, and raised drainage concerns, giving more weight to the adopted Local Plan than the emerging Strategic Plan. The Inspector recommended the appeals succeed on 20 July 2006, with the recommendation agreed.
Precedent Value
This appeal demonstrates that adopted Local Plan briefs take precedence over emerging strategic plans, particularly for density/style on infill sites; applicants must match adjoining character precisely, and third parties can successfully challenge approvals via appeals using local evidence.
Inspector: John S Turner
