31 January 2008 · Secretary to Planning Committee (E J Callow)
Site Within Grounds Of, Rushen Abbey, Ballasalla, Isle Of Man, IM9 3df
Malew Parish Commissioners applied for approval in principle to develop sheltered housing accommodation for Malew Parish residents on land currently used as a public car park north of Rushen Abbey, Abbey Road, Ballasalla.
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The application was withdrawn by the applicant (Malew Parish Commissioners) due to delays and problems obtaining necessary reports, specifically a flood risk assessment required by Drainage Division u…
Environment Policy 10
Requires flood risk assessment for sites near watercourses like Silverburn River. Drainage Division objected due to missing assessment with levels and modeling; existing URS reports do not cover site. Inspector in prior appeal emphasized early flood assessment.
Strategic Policy 1
Supports development on underutilised sites. Jessopp noted superficial conformity but other policies must also be met.
Environment Policy 35
Conservation Area protection. MNH objected to potential visual/mass impacts and tree loss; DAFF noted likely future tree removal pressure.
No objection if satisfies Strategic Policies 1,2,3(b),4,5; Housing Policy 4(a); Transport Policy 1; Environment Policy 35; and demonstrates need
Applicant must contact for water supply connection under Water Supply Byelaws
Applicant must contact regarding underground cables/overhead lines and electricity supply
Ensure door widths, level access, corridor widths per Disability Discrimination Act guidance
Multiple consultees including Manx National Heritage, statutory utilities, DAFF Trees, and Drainage Division provided responses to application 07/01414/A for sheltered housing north of Rushen Abbey; Manx National Heritage objects due to heritage concerns while others request information or conditions without outright objection.
Key concern: inappropriate development within Silverdale Conservation Area and loss of public car parking
Society for the Preservation of the Manx Countryside & Environment
No Comment07/01414/A | Approval in principle for the erection of sheltered housing accommodation, Land North Of Rushen Abbey Abbey Road Ballasalla | MALEW
Manx Electricity Authority
Conditional No ObjectionSee Note 2
Conditions requested: applicant must contact the Authority; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application
IoM Water Authority
Conditional No ObjectionSee Note (1)
Conditions requested: applicant must contact the Authority to ensure that a connection is obtained for water supply purposes
Andrew Jessopp
No Objectionif the application can be shown to satisfy all these policies, and demonstrate a need for the facilities, than I have no objection to the proposal.
Manx National Heritage
Objectionwe would therefore be sorry if this facility were lost.; we would question whether it is a strictly appropriate development given the site’s location within the Silverdale Conservation Area.
DAFF Trees
No Commentthe larger trees will probably be lost or considerably reduced as a result.; It is as a group that their value lies, presenting (as they do when in leaf) a green backdrop to the car-park.
Department of Transport Drainage Division
DeferralIn the event that this information is not supplied the Department of Transports Drainage Division would have to object to this application.
Conditions requested: Flood assessment with anticipated finished floor levels and surrounding ground levels for the properties and the river
Department of Transport Drainage Division
DeferralUntil such time as the required information is supplied to the Drainage Division for assessment, the deferment we have on the application cannot be lifted.
Conditions requested: flood risk assessment; levels taken across the proposed site
The original application (07/01414/A) for approval in principle for sheltered housing was refused, though specific refusal reasons and date are not detailed. Key appeal issues centred on archaeological potential, impact on Rushen Abbey's setting in a Conservation Area of High Landscape Value, unauthorised car park use, and drainage. Appellant argued the site was outside the monastery enclosure, no tree felling needed, and prior approvals recognised sensitivity; Council defended development would harmonise without significant archaeological risk; Manx National Heritage objected due to potential remains and visual harm. Inspector adjourned for archaeological survey, found little significance, accepted applicant's cooperation assurances, dismissed parking concerns as unauthorised, and concluded no material harm to heritage or setting. Appeal dismissed but approval granted for up to 2 dwellings subject to conditions including Manx National Heritage monitoring of ground works.
Precedent Value
Demonstrates value of adjourning appeals for targeted surveys in heritage-sensitive sites; applicants should proactively engage heritage bodies and offer monitoring conditions to mitigate archaeological risks in Conservation Areas near monuments.
