5 June 2008 · Senior Planning Officer (Mrs F Mullen) - Delegated under Article 3(13) of the Town and Country (Development Procedure) Order 2005
Land Adjacent To, Allandale Farm, Ballamanagh Road, Sulby, Isle Of Man, IM7 2hb
The proposal was for a substantial dormer bungalow (23m wide, 21m deep, 8m ridge height, 7 bedrooms including ground floor rooms for a disabled child and carer) on a site previously approved in principle (07/00375/A), located in open space/agricultural land near Sulby village bungalows.
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Principle established by prior approval in principle (07/00375/A) despite open space zoning, so assessed only on reserved matters: size/design, amenity, highways, drainage.
Sulby Local Plan Policy RES/P/3
Site in open space (agriculture) per Sulby Local Plan; principle approved exceptionally via prior appeal, so reserved matters assessed for fit in locality with varied dwellings.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to the proposed dwelling and access as proposed in the submitted documents and drawings 08/11/01 and 08/11/02 REV A received on 18th February 2008 and 21st April 2008.
Roof materials
The roof(s) must be finished in dark natural slate.
Brick soldier course samples
Prior to the commencement of any works, there must be submitted to and approved by the Planning Authority, samples of the external brick soldier finish course of the dwelling.
Visibility splay
A visibility splay of 2 metres by 18 metres shall be provided for the access to the site.
Off-street parking
Off street parking must be provided in accordance with Manx Roads 1.
Turning facility
Access arrangements should incorporate a turning facility so a vehicle can turn around and emerge in forward gear.
Access completion
Prior to the occupation of the dwelling, the access onto Ballamanagh Road is to be completed to the required standard of the Department of Transport Highway Division and the hardstanding to the front of the dwelling is to be completed to allow the required parking provisions to be used.
Occupancy restriction
This permission may be taken up, and the dwelling may be first occupied, only by the applicants and their dependants.
Paddock restrictions
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), within the area referred as 'proposed paddock' on drawing 08/11/02 REV A.
Do not oppose subject to visibility splay, parking, turning conditions
No comment on merits; note received
No comment on merits; note on cables/overhead lines
The original approval in principle (07/00375/A) was granted in November 2007 after an appeal for a disabled person's dwelling on open space land, subject to conditions limiting occupation, site extent, and requiring reserved matters approval. The reserved matters application (08/00326/REM) by Mr M Bibby was initially approved, prompting appeals by Lezayre Parish Commissioners and neighbours (Mr and Mrs T Berrington, Mr D A C Doran, Mr and Mrs F Garside) on grounds of amenity loss, over-large scale, drainage issues, and wildlife harm. The planning authority supported the proposal as compliant with the prior permission. The appointed inspector, after an inquiry and site inspection, found the design and layout breached the occupation condition by accommodating a non-dependant carer, the scale excessive with poor external appearance, siting problematic due to retained buildings and boundary issues, and landscaping inadequately detailed. The Minister accepted the recommendation on 1 September 2008, allowing the appeals and refusing reserved matters approval.
Precedent Value
This appeal demonstrates that reserved matters approvals can be overturned via third-party appeals if proposals breach prior conditions (e.g., occupation restrictions) or lack detail (landscaping). Future applicants must ensure designs strictly comply with approval in principle conditions, provide comprehensive landscaping plans, and avoid over-scaling even for sympathetic personal circumstances.
Inspector: Graham F Self MA MSc(Eng) FRTPI
