29 May 2007 · Council of Ministers
Land At Ballacubbon - Fields 424841 & 424842, Main Road, Colby, Isle Of Man, IM9 4pr
The proposal involves building six 3-bedroom first time buyer terrace houses and six 2-bedroom single-storey elderly persons bungalows on the western field of a site zoned for residential use in Colby, including estate roads to Department of Transport standards, a bus lay-by, children's play area, public open space, ca…
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The site is zoned 'Predominantly Residential Use' in the Arbory and East Rushen Local Plan 1999 with development briefs, and previous approvals in principle (PA 01/00757) and full (PA 03/0038) establi…
Approved plans
This permission relates to the residential development shown in drawings reference 42PROP/0503/01A, -02D, -04, -05, -06A, 4602-02, 4602-SK02 and 4603-SK03.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Landscaping scheme
No development may commence until there has been approved by the Planning Authority a scheme of landscaping which includes indications of all existing trees and hedges within the site and details of any to be retained together with measures for their protection during the course of construction.
Landscaping implementation and maintenance
All planting, seeding or turflng comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Bus lay-by
The bus lay-by shall be constructed as shown in drawing 42PROP/0503/02C.
Estate roads
No dwelling shall be occupied until the estate road has been constructed to at least base course level and adequately lit from the junction with the A7 up to the access to the dwelling to the satisfaction of the Planning Authority after consultation with the Highway Authority.
Parking
No dwelling shall be occupied until the parking facilities associated with it have been completed to the satisfaction of the Planning Authority after consultation with the Highway Authority.
Drainage
No dwelling shall be occupied until the sewage and surface water drainage works have been completed in accordance with the approved plans.
Exterior painting scheme
No development shall take place except in accordance with a scheme of exterior painting to be submitted to and approved in writing by the Planning Authority.
Pedestrian access
No direct pedestrian link shall be made to Main Road except alongside the vehicular access.
no objections to the proposed development
no objection subject to connection to public foul sewer, no surface water to foul, adoption agreement, and full drawings
visibility splays already approved, no opposition
no objection, contact for connections
no objection, contact re underground cables and supply
no objection, advice on dropped kerbs and accessible design
acceptable and recommended for approval
Multiple statutory consultees including utilities, drainage, highways, and police provided responses with no objections but requested specific conditions related to services, drainage connections, surveillance, and accessibility; private representations included one objection and one neutral comment.
Key concern: minimal surveillance of children's play area and car parking
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application
Conditions requested: Applicant must contact Anthony Kinrade or Ian Horsey, Operations and Maintenance Dept, Network Services (Tel. 687705) to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site; Contact the M.E.A. for Electrical Site Safety 5 documents (Tel. 687766), before any work is carried out on site; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application
Isle of Man Water Authority
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority
Conditions requested: Applicant must contact the Authority to ensure that a connection is obtained for water supply purposes; For connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, the applicant should contact the IoMWA Planning and Projects Section, tel. 69 59 58
Drainage Division, Department of Transport
Conditional No ObjectionNo Objection in principle, subject to the following conditions
Conditions requested: The proposed development must be connected to the public foul sewer in a manner acceptable to the Department of Transport Drainage Division. 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; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s); If the developer requires the proposed sewers and associated drainage works to be adopted, the Division recommends that the developer enter into an adoption agreement with the Division prior to work commencing on site, in accordance with section 8 of the Sewerage Act 1999; Full construction drawings are required by the Drainage Division prior to any work commencing on site
Department of Transport Highways Division
No ObjectionDo Not Oppose; Visibility splays for this traffic generation was approved under PA 03/0038/B
Architectural Liaison Officer, Isle of Man Constabulary
Conditional No ObjectionI would recommend that such facilities should be located where they can benefit from maximum natural surveillance from surrounding premises
Conditions requested: Consideration be given to the installation of a boundary fence between the two areas to prevent unauthorised access; Such facilities should be located where they can benefit from maximum natural surveillance from surrounding premises; Where possible, car parking areas should have controlled access to reduce opportunities for criminals and/or anti-social behaviour
The original approval in principle for 14 dwellings (8 first time buyer homes and 6 sheltered housing units) was granted on 7 December 2001, followed by a full permission recommendation in 2003 (PA 03/0038) despite minor deviations from local plan development briefs and local objections on layout, parking, amenity, and conservation impacts. The 2006 application (06/01319/B) proposed a similar scheme with improvements like increased parking and better play area location on a site zoned for residential use in the Arbory and East Rushen Local Plan. Appellant (Department of Local Government and the Environment) argued conformity with housing needs, prior approvals, and policy; council supported it with conditions. Inspector in 2007 assessed amenity impacts as acceptable, design fitting the Colby Conservation Area character with conditions for landscaping and painting, and recommended approval addressing objections on overlooking, crime prevention, and design. Outcome was recommendation to grant permission with conditions in both reports.
Precedent Value
Demonstrates that minor layout deviations from local plan briefs are acceptable if total capacity met and prior approval exists; conditions effectively address third-party amenity concerns in village/Conservation Area settings, emphasising housing need and surveillance design.
Inspector: David Ward BSc(Hons) CEng MICE FIHT
