4 May 2007 · Delegated - Director of Planning & Building Control (M. I. McCauley)
Part Of Garden Of, Shan Vallah, The Colony, Port Lewaigue, Ramsey, Isle Of Man, IM7 1al
The proposal sought approval in principle for a single dwelling and garage on a 0.05 hectare overgrown garden plot forming part of Shan Vallah in the residential Colony area of Port Lewaigue. The site was assessed as suitable in size, with immature trees of limited worth and adequate drainage solutions via public foul …
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The officer concluded the principle of a dwelling is acceptable as the site is in a predominantly residential area under the 1982 Development Plan.
Approval in principle only - 2 year time limit for reserved matters
This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application.
Site defined by red line plan
This approval relates to the land defined by the red line as shown on the 1:500 location plan date stamped the 13th November 2006.
Vehicular sight lines
Any reserved matters planning application must include provision for vehicular sight lines of a minimum of 2 metres by 18 metres.
Car parking
Any reserved matters planning application must include provision for the parking of a minimum of 2 cars within the curtilage of the application site.
Turning facility
Any reserved matters planning application must include provision to allow a car to enter and exit the application site in a forward gear.
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.
No surface water to foul sewer
There must be no discharge of surface water to the main foul sewer.
no objection subject to conditions on foul sewer connection, no surface water to foul, details at reserved matters, grey water system
do not oppose subject to sight lines, parking and turning conditions
no objection if cable diverted, contact required
no objection to principle but query junction and trees
Multiple responses including from Maughold Parish Commissioners, Environmental Protection Unit, Drainage Division, and Isle of Man Water Authority; primary concerns focus on inadequate sewage outfall capacity and environmental pollution, with parish objecting and others offering conditional no objection.
Key concern: inadequate capacity of foul sewage system and sea outfall leading to beach pollution and health risks
Maughold Parish Commissioners
ObjectionThe Commission is firmly opposed to the proposed development on the grounds that the main foul sewer in the area is inadequate; More information on the size and character of the proposed dwelling and garage needs to be submitted before further comment can be made; The Colony has previously been proposed as an area worthy of scheduling as a Conservation Area
Conditions requested: any new dwelling and garage should be constructed in sympathy with the unique character of the Colony; expertise and advice of the Department’s Conservation Officer be sought; condition of approval of the development must be that separate facilities for treatment of raw sewage are arranged
Environmental Protection Unit
Conditional No ObjectionIf there is not a breach of the population limit I would not object; population limit on the licence to discharge for Port Lewaigue outfall which is set at 156 persons; I am compiling a list of new planning applications...and will consider objecting when the planning approvals cause the potential population limits to increase more than 10% of the licence limits
Drainage Division, Department of Transport
Conditional No ObjectionNo Objection in principle, subject to...; A Communication Fee will be payable to the Department of Transport in respect of this drainage connection
Conditions requested: The proposed development must be connected to the public foul sewer. Full details of the foul and surface water disposal routes from this dwelling must be submitted as part of any subsequent detailed planning application; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s)
Isle of Man Water Authority
No ObjectionFor single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49
Conditions requested: condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes; the Applicant should contact the Water Authority to discuss protecting the main before construction work commences
The original application (06/01955/A) for approval in principle for a dwelling and garage on part of the garden of Shan Vallah was permitted by the Planning Committee despite third-party objections on sewage discharge and character impacts. Appeals were lodged by Maughold Parish Commissioners and Mr & Mrs MacOwan, arguing against additional strain on the inadequate sewage system discharging raw sewage onto Port Lewaigue beach and incompatibility with The Colony's unique semi-detached character. The applicant defended the proposal citing prior approvals, drainage solutions, and minimal amenity impacts. The inspector, after a public inquiry and site visits, found no issue with residential principle or overlooking but gave great weight to Isle of Man Strategic Plan Environmental Policy 22, concluding that adding to the beach sewage outfall and unresolved surface water disposal made the development unacceptable. The appeals were allowed, not confirming the planning approval.
Precedent Value
This appeal demonstrates that third parties can successfully overturn approvals where environmental infrastructure is inadequate, even in residential areas; future applicants must provide robust, evidenced drainage solutions compliant with technical authority requirements and recent policies like SP EP22 to avoid reversal on appeal.
Inspector: John S Turner
