20 March 2007 · Minister for Local Government and the Environment
Level Garage, The Level, Colby, Isle Of Man, IM9 4al
The proposal involved building two identical traditional-style two-storey houses on a prominent 0.3 hectare corner site previously occupied by a garage, with fronts facing the A7 Ballagawne Road, pedestrian access from the A7, and rear vehicular access via a driveway to the B33 Croit-e-Caley Road.
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
The inspector concluded the proposal would not harm the character and appearance of the area, representing a modest density (~6 dwellings/acre) on a 0.3ha brownfield site with footprint smaller than t…
Proposed Park designation
Restricts new development south of A7 in high landscape value area to protect open views to coast (para 5.4) and wildlife corridors (para 5.7); inspector ruled policies apply to greenfield not brownfield/previous garage site, proposal enhances visual objectives via residential redevelopment.
Policy ENC/P/1
Protects landscape character; addressed by traditional design, smaller footprint than garage, compatibility with varied local styles.
Environment and Nature Conservation Policy 3
Protects views to coast; minor obstruction outweighed by improvement over industrial garage.
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 two dwellings together with associated parking and access all as shown in drawings reference K098/P/10-01, -10-02, -10-03, -10-04, -10-05 and -11-01 all received on 8th November 2006 and K098/P/10-02A received on 15th January 2007.
Wildlife corridor access
Prior to the commencement of development details of access arrangements to the wildlife corridors and watercourses on the south and west sides of the site shall be submitted to and agreed in writing with the Planning Authority. The development shall be carried out in accordance with the agreed details.
Visibility splay
Prior to the commencement of development, details of the visibility splay at the vehicular access onto the B33 shall be submitted to and agreed in writing by the Planning Authority in consultation with the Department of Transport Highways Division. The visibility splay shall be provided in accordance with the agreed details and shall thereafter be retained free of any obstruction.
Foul sewer connection
The development must be connected to the main foul sewer and there must be no discharge of surface water to the main foul sewer.
Roof materials
The roofs must be finished in natural slate or a high quality imitation slate, details of which shall be submitted to and agreed in writing with the Planning Authority before development commences.
No permitted development
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval).
Do not oppose subject to visibility splays contained in public highway
No objection subject to connection to foul sewer, no surface water to foul, prior agreement
No objection, note on connections
Multiple neighbour objections and Rushen Parish Commissioners concerns over overdevelopment, visual impact, highway encroachment, drainage, wildlife maintenance, and non-compliance with local plan policies for application 06/01930/B; Highways Division previously supported access arrangements.
Key concern: overdevelopment and high visual impact on prominent corner site conflicting with Arbory and East Rushen Local Plan
Highways Division, Department of Transport
Conditional No ObjectionThe access onto the B33 was selected for the following reasons...; visibility requirements onto the A7 (secondary route) is 2.0 metres by 70 metres. This cannot be achieved onto the A7; The development proposals offer the safest access and egress arrangements
Conditions requested: visibility splay onto B33: 2.0 metres by 36 metres at 30 mph stopping sight distance; 2.75 metre right turning lane on A7; traffic islands and footway facilities on A7/B33 junction
Rushen Parish Commissioners
ObjectionThe Commissioners still maintain that the properties are too large for the site.; Part of the road is being taken as a pavement and this gives the appearance that the site is larger than it is
The original application for two detached dwellings was refused by the Planning Committee on 20 March 2007 despite the case officer's recommendation for approval, citing cramped appearance due to size, siting and limited space, and detrimental impact from similar elevational details in an area of mixed house styles. The appellant argued the proposal addressed prior refusals by reducing density to two dwellings, providing adequate amenity space, and using traditional design compatible with local precedents like Strawberry Fields. The inspector found the density acceptable, the arrangement and design would not harm the character and appearance, previous objections to bulk and orientation were addressed, and the development would improve the derelict brownfield site. Highway, drainage and ecological concerns were satisfied subject to conditions. The appeal was allowed with conditions including removal of permitted development rights.
Precedent Value
This appeal demonstrates persistence with density reductions and design revisions can overturn refusals on brownfield village sites, even against Local Plan restraint policies, if visual improvements and technical consents are achieved. Applicants should prioritise orientation to key roads, traditional detailing, and authority no-objections over matching every local style.
Inspector: N A C Holt
