28 December 2007 · Planning Committee
Land At Ballacollister, Ballacollister Road, Laxey, Isle Of Man, IM4 7jw
The proposal sought approval in principle for six residential plots on fields 614589, 612008 and 612011 at Ballacollister Road, Laxey, including an access road, parking and services, with indicative single-storey dwellings following site contours.
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The officer assessed the proposal against the Laxey and Lonan Area Plan 2005, where the site is designated as proposed predominantly residential (Area 1) with a specific brief in Policy L/RES/PR/2 all…
Residential Policy 1 of Laxey and Lonan Area Plan Order 2005
Requires residential development only in proposed/existing residential areas. Officer noted site part-designated proposed residential, so principle acceptable.
Policy L/RES/PR/2 - Land at Ballacollister: Area 1
Permits max six dwellings if site-wide with landscaping to minimise valley views/maximise privacy, retain hedgerows, predominantly single storey following contours. Conditions enforce brief; indicative layout complies.
Policy L/OSNC/PR/1
Presumption against development in open space. No built development proposed in designated open space/woodland parts.
Policy L/S/PR/1
No development if sewage cannot be satisfactorily handled. Mains connection feasible per Drainage Division.
General Policy 2
Permits development per area plan zoning if respects site/surroundings, no adverse landscape/amenity/highway impacts, services provided. Assessed compliant via designation, highway/drainage solutions.
Environment Policy 3
No unacceptable loss/damage to woodland. No built dev in woodland; thinning/replanting proposed, minor effect.
Housing Policy 6
Residential zoning per area plan brief. Conforms with brief for good design.
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.
Approved plans
This approval relates to the land defined by the red line on drawing no. 301 rev. A date stamped the 22nd August 2007.
Landscaping scheme
Any reserved matters planning application must include a landscaping scheme that is designed to minimise the impact of the development, particularly as viewed from the other side of the valley and to maximise the privacy of adjacent property.
Retain hedgerows
Any reserved matters planning application must retain and incorporate the existing hedgerows that are contained within the application site.
Dwelling design
The dwellings proposed within any reserved matters planning application must be predominantly single storey and must be designed as individual units with a variety of house styles that take account of the natural contours of the site.
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.
Highway improvements
Any reserved matters planning application must include full details of the highway improvements to Ballacollister Road within the land defined by the red line on drawing no. 301 rev. A date stamped the 22nd August 2007.
Dark bush-cricket assessment
Any reserved matters planning application must include an assessment of the application for the presence of dark bush-crickets. In the event of their presence, a method statement or scheme for their protection must be submitted as part of any reserved matters planning application.
Interest expressed, no objection, in general conformity with relevant planning policy
No objection, in general conformity with policy L/RES/PR/2 in Laxey & Lonan plan
No objection
Do not oppose
No objection
Note received
Note received, recommend contact for water supply
Multiple local residents submitted detailed objection letters primarily concerning highway safety, access, drainage, wildlife impacts, and policy non-compliance; the sole statutory consultee, Isle of Man Water Authority, raised no objection subject to a condition on visibility splays.
Isle of Man Water Authority
Conditional No ObjectionDo not oppose subject to the imposition of the following condition: The visibility splays to the development and road widening works are completed prior to the construction of the dwellings within the development.
Conditions requested: The visibility splays to the development and road widening works are completed prior to the construction of the dwellings within the development.
The original application PA 07/01587/A for approval in principle for six residential building plots with access road, parking and services on allocated land was approved by the Planning Committee on 20 December 2007 despite prior refusals and dismissed appeals in 2004-5 due to traffic and drainage issues. Local residents (Mr P E Chamberlin, Mr G M Churcher, Mrs S M Freeman, Ms M Turner) appealed the grant, raising concerns over road safety, drainage, visual impact, and services. The applicant argued compliance with Laxey and Lonan Local Plan Policy L/RES/PR/2 and addressed previous refusal reasons via highway improvements and detailed drainage proposals. The inspector conducted a site visit and public inquiry on 30 April 2008, finding drainage now acceptable, visual impact acceptable given local plan allocation, and traffic concerns outweighed by plan-led system despite reservations about road widths near A2. Appeals were recommended dismissed with approval upheld subject to conditions including reserved matters, landscaping, highway works, and bush-cricket survey.
Precedent Value
Demonstrates that local plan allocations carry significant weight in plan-led system, overriding residual highway concerns if DoT does not object and previous technical refusal reasons are evidenced as resolved; future applicants should provide site-specific highway/drainage solutions addressing prior inspector findings.
Inspector: Graham F Self MA MSc(Eng) FRTPI
