16 July 2008 · Senior Planning Officer (Mrs F Mullen) under delegated authority
Part Of Garden Of, Shan Vallah, The Colony, Port Lewaigue, Ramsey, Isle Of Man, IM7 1al
The proposal sought approval in principle for a new dwelling and garage on a 0.05 hectare overgrown garden plot within an existing residential area designated under the 1982 Development Plan Order.
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The officer concluded the principle of residential development is acceptable as the site is within a predominantly residential area under the 1982 Development Plan Order, following the previous inspec…
General Policy 2
Requires development in zoned areas to respect site/surroundings, provide amenity standards including access/parking, avoid adverse impacts on amenity/traffic/services, and not prejudice adjoining land. Officer assessed principle of residential use as compliant due to zoning, with access/parking/turning conditioned; no adverse amenity or traffic impacts identified.
Environment Policy 22
Prohibits development harming environment/amenity via pollution of water. Previous refusal weighted heavily against mains sewage adding to beach outflow; now satisfied by Klargester biodisc plant treating sewage on-site, avoiding mains addition, per Drainage Division.
Infrastructure Policy 1
Requires development connectable to IRIS system except small-scale plots. Assessed acceptable for individual plot with package treatment plant, not relying on mains foul sewer discharge.
Time limit and 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 as shown on drawing no. 01 rev. A date stamped the 31st March 2008.
Vehicular sight lines
Any reserved matters planning application must include provision for vehicular sight lines of a minimum of 2 metres by 18 metres.
Car parking
Any reserved matters planning application must include provision for the parking of a minimum of 2 cars within the curtilage of the application site.
Forward manoeuvring
Any reserved matters planning application must include provision to allow a car to enter and exit the application site in a forward gear.
Do not oppose subject to conditions on sight lines, parking, and access
No objection subject to conditions on foul sewer connection, no surface water to foul sewer, and details of package plant and grey water system
Interest expressed; noted proposals but requested agency approvals for systems
Interest expressed; requested party status
Drainage Division and Highways Division raised no objections subject to specific conditions on foul/surface water connections and visibility splays; Maughold Parish Commissioners raised concerns about drainage systems requiring agency approval; private objectors opposed due to sewage discharge, surface water issues, density, and character impacts.
Key concern: Foul and surface water disposal requiring detailed submissions and Building Control approval
Department of Transport Drainage Division
Conditional No ObjectionNo Objection subject to the following conditions; The package plant will remain private at all times; The full approval of Building Control is required for the installation of the unit
Conditions requested: The proposed development must be connected to the public foul sewer. Full details of the foul and surface water disposal routes from this dwelling must be submitted as part of any subsequent detailed planning application.; There must be NO discharge of surface water (including that from roofs and paved areas) from this proposed development to any foul drainage system(s); The use of any proposed foul treatment plant and rainwater harvesting unit will not form part of the public drainage system and will remain private at all times. The full approval of Building Control is required for the installation of these units.; No overflow from the proposed unit will be permitted to discharge into the public foul drainage system; the applicant is therefore required to submit full details of any overflow arrangement
Maughold Parish Commissioners
No CommentMembers noted the proposal to install a bio-disc in the foul water system prior to connection with the sewage main; The Commission requests the applicant satisfies the Drainage Division and Building Control that the proposed rainwater harvesting system will be effective
Conditions requested: The responsible government agencies (Drainage Division of DOT & Building Control Directorate) must provide approval of these proposed systems before planning consent is given; The applicant satisfies the Drainage Division and Building Control that the proposed rainwater harvesting system will be effective and will not exacerbate the problem on this road; The four conditions recommended by the Highways Division of DOT in relation to the previous application PA 06/1955/A are considered
Department of Transport Highways Division
Conditional No ObjectionDo not oppose subject to the imposition of the following condition
Conditions requested: Sight lines of 2m x 18m shall be provided; Off street parking shall be provided in accordance with Manx Roads; A reserved matters application shall be submitted to address access, parking and turning arrangements
Manx Electricity Authority
No CommentNOTE 1: There are Underground Cables/Overhead Lines present in the area; Contact the M.E.A. Planning Department to discuss the electricity supply for this application
Conditions requested: The applicant must contact the Authority; Contact the M.E.A. for Electrical Site Safety 5 documents before any work is carried out on site
Isle of Man Water Authority
No CommentSee Note (2): For single connections to a water main (i.e. a single dwelling) the applicant should contact loMWA Customer Services
Conditions requested: The applicant must contact the Authority to ensure that a connection is obtained for water supply purposes
The original application 08/00672/A sought approval in principle for a dwelling and garage on part of the garden of Shan Vallah, The Colony, Port Lewaigue, Maughold, and was permitted by delegated decision on 15/07/2008. A prior similar application 06/01955/A was approved locally but refused on appeal in 2007 due to sewage and surface water disposal issues. This appeal by third parties (occupants of Greycot, Close Foillan, and Maughold Parish Commissioners) against the grant argues the new proposals fail to adequately address prior refusal reasons, particularly drainage via Klargester biodisc and rainwater harvesting/swale systems, lack of tree survey, access/visibility issues, and environmental harm. The Planning Authority's statement defends the grant, claiming drainage issues resolved and compliance with policies like GP2, EP22, IP1. No inspector's report or final appeal decision is provided in the documents.
Precedent Value
Demonstrates challenges overturning local grants via third-party appeals; need robust technical evidence (tree surveys, verified drainage calcs, percolation tests) at AIP stage to counter prior refusals. Appellants succeeded previously by highlighting unresolved drainage gaps.
