28 November 2008 · Planning Committee
Vacant Land At, Bradda View, Ballakillowey, Colby, Isle Of Man, IM9 4be
The application proposed five large two-storey detached executive dwellings on a 1 hectare sloping vacant site zoned for residential development in the Arbory and East Rushen Local Plan, with an estate road accessed from Bradda View, foul drainage via gravity and private pumps connecting to existing sewers, surface wat…
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The officer concluded the proposal complied with the local plan brief estimating 5 dwellings and requiring density/style in keeping with adjoining development, as plot coverages (15-24%) matched or we…
Statutory utilities and drainage consultees raised no objections to application 08/00908/B subject to standard connection conditions; Rushen Parish Commissioners had no objections; individual public representations raised amenity concerns but are not statutory consultees.
Drainage Division, Department of Transport
Conditional No ObjectionNo Objection subject to the following conditions; All drainage works must conform to the requirements of the Department of Transport's "Manx Sewers for Adoption"
Conditions requested: The proposed development must be connected to the public sewer(s) in a manner acceptable to the Department of Transport Drainage Division and on terms and conditions, which must be agreed with the Division prior to the commencement of any building works; 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 the domestic foul pumps from these properties must be to an approved discharge chamber, full details must be supplied and agreed with the Drainage Division before commencing on site; If the developer requires the proposed sewers and associated drainage works to be adopted, the Division recommends that the developer enter into an adoption agreement with the Division prior to work commencing on site
Rushen Parish Commissioners
No ObjectionNo objections
Conditions requested: Developers should contact Rushen Parish Commissioners before installing street lighting as they will ultimately take on the responsibility for the maintenance of the lights. RPC have a policy that only MEA standard street lighting fittings should be installed on any new development
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application
Conditions requested: The applicant must contact the Authority; Contact our Network Operations Department, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application
Isle of Man Water Authority
Conditional No ObjectionFor 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 loMWA Planning and Projects Section, tel. 69 59 58
Conditions requested: The applicant must contact the Authority to ensure that a connection is obtained for water supply purposes
Rushen Parish Commissioners
No ObjectionNo objections
Conditions requested: During the construction period all vehicles and equipment must be retained within the site and not parked in Bradda View
The original application PA05/92421 for 12 detached dwellings on vacant land at Bradda View, Ballakillowey, Colby, Rushen was approved by the Planning Committee on 14th March 2006. Local residents (third-party appellants led by Mr and Mrs Faragher) appealed, arguing excessive density, inappropriate architectural character, overlooking, and drainage issues contrary to the Arbory and East Rushen Local Plan Development Area 5 brief estimating 5 units. The inspector agreed, recommending the appeal succeed due to failure to match adjoining Bradda View's low density and mix of bungalows/houses, unacceptable overlooking to neighbouring properties, and environmental concerns including drainage. The Minister accepted the recommendation on 12th September 2006, refusing the application. A later application 08/00908/B for 5 dwellings addressing prior concerns was permitted by the Committee on 28th November 2008 but faced a new third-party appeal.
Precedent Value
Demonstrates adopted Local Plan site-specific briefs (e.g. density estimates) carry substantial weight over emerging strategic policies; future applicants must strictly match adjoining character/mix and prove no overlooking via setbacks/screening; thorough third-party appeals effective when evidencing plan breaches and amenity harms.
Inspector: John S. Turner
