15 September 2008 · Delegated - Director of Planning and Building Control (M. I. McCauley)
Field 612835, Clay Head Close, Baldrine, Isle Of Man, IM4 6dw
The proposal involved building four detached, split-level dwellings (arranged over three floors due to site topography) on a vacant field at the eastern end of Clay Head Close in a predominantly residential area designated for low-density housing under the Laxey and Lonan Area Plan.
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The officer accepted the principle of residential development as the site is designated under Policy L/RES/PR/8 of the Laxey and Lonan Area Plan for low density individual dwellings similar to adjacen…
Policy L/RES/PR/8 (site-specific residential development brief)
Requires low density individual dwellings at density similar to adjacent properties, addressing site as a whole with comprehensive landscaping scheme per property. Officer found principle and density acceptable but specific siting of Plot 4 failed amenity tests; accurate landscaping not submitted.
General Policy 2
Requires development respecting site/surroundings in siting/layout/scale/form/design/landscaping, no adverse amenity impact on residents/locality. Failed due to overbearing effect on The Lhergy from Plot 4's design/position/height despite zoning compliance.
Residential Policy 1 of Laxey and Lonan Area Plan Order 2005
Limits residential approval to designated proposed/existing residential areas. Site within designated area, so principle acceptable.
Ecological interest policy
Presumption against development adversely impacting ecological interest areas. Site in wider ecological interest area but no specific adverse impacts identified; not a blocking issue.
Policy L/S/PR/1
No development if sewage cannot be satisfactorily handled. Acceptable subject to conditions per Drainage Division.
Do not oppose
No objection subject to conditions (08.04.08)
Multiple private residents submitted detailed objections to planning application 07/01836/B citing privacy loss, traffic hazards on single-track roads, landscape impacts, inadequate drainage, and non-compliance with local plan policies; Isle of Man Water Authority requested applicant contact for water supply connection without objection.
Key concern: traffic hazards and inadequate single-track road infrastructure
Isle of Man Water Authority
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 to ensure that a connection is obtained for water supply purposes
Conditions requested: condition of planning that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws; 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
The original application 07/01836/B for four detached dwellings was refused by the Director of Planning and Building Control under delegated powers for harming residential amenity contrary to General Policy 2. The appellant argued the site is designated for low-density residential development, distances exceed 20m, drainage is acceptable, and impacts are minimal. The council accepted the principle but objected to Plot 4's proximity and overbearing effect on The Lhergy. The inspector found the principle acceptable per Policy L/RES/PR/8 but concluded Plot 4 only 6m from the boundary would be overpowering with overlooking windows, rejecting a split decision and recommending dismissal. The appeal was dismissed.
Precedent Value
Even on allocated low-density residential sites, precise dwelling locations must respect neighbour amenity with adequate separation; comprehensive, accurate landscaping plans essential per policy; split decisions unlikely if site reconfiguration needed for proper spacing.
Inspector: David G Hollis
