2 March 2009 · Planning Committee
Land Adjacent To, Allandale Farm, Ballamanagh Road, Sulby, Isle Of Man, IM7 2hb
The proposal is for a large detached bungalow-style dwelling (20.8m wide x 19m deep x 6.2m ridge height) with roof accommodation including dormers, on a site in open space/agricultural land near Sulby village, justified by the applicants' family needs including a disabled daughter.
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Principle of development established by prior approval 07/00375/A despite open space zoning, due to applicants' personal family circumstances (disabled daughter Molly requiring adapted accommodation; …
Sulby Local Plan Policy RES/P/3
Site in open space (including agriculture); normally exceptions only for replacements (<=50% footprint) or agricultural workers' dwellings. Principle approved exceptionally via prior appeal due to family disability needs; reserved matters assessed only against this established permission, not re-testing principle.
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 01 rev PI, 02 rev PI, 03 rev PI, 04 rev PI and 05 rev PI received on 12th November 2008.
Roof materials
The roof(s) must be finished in dark natural slate.
Materials approval
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 splays
A visibility splay of 2 metres by 18 metres shall be provided at each side of the site access prior to first occupation of the dwelling. No obstruction to visibility above 1 metre in height shall take place within the splays so provided.
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, their dependants and carers.
No permitted development
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 application site.
Demolition of existing buildings
All existing buildings on the site, including those that are annotated in the approved drawing 02 Site Plan rev P1 as being demolished and the tholtan that is not indicated on that drawing as being demolished, shall be demolished prior to first occupation of the approved dwelling. The material arising from their demolition shall either be removed from the site within one month of demolition or, if expressly approved in writing in advance by the Planning Authority, shall be utilised in the construction of the approved dwelling.
Paddock fencing
Prior to first occupation of the dwelling hereby approved a fence shall be erected along the line and in accordance with the specifications shown on approved drawing 02 Site Plan rev P1 to subdivide the area of the site indicated as 'paddock' from the land on which the approved dwelling is to be constructed. At no point following occupation of the dwelling hereby approved shall the land indicated as 'paddock' be used for any domestic purposes.
Do not oppose subject to conditions: two off-street parking spaces, turning facility, visibility splays 2x18m
No objection in principle subject to condition; surface water separate/accessible joining existing system; complies with requirements
The original application (08/02096/REM) was for reserved matters approval following outline permission for a detached dwelling on agricultural land adjacent to Allandale Farm, Sulby, Lezayre; the Planning Committee granted approval subject to conditions including demolition of existing buildings. Mr and Mrs Berrington (third parties) appealed against the approval, arguing poor siting and design; applicants M Bibby and J Christian appealed against Condition 11 requiring demolition of a tholtan. The inspector (Graham Self) found flaws in siting (cramped rear amenity space), inadequate landscaping details, and over-scale access layout, but recommended dismissing the third-party appeal with revised conditions and allowing the applicants' appeal to permit tholtan retention with restoration. The Minister concurred on flaws but refused approval outright to avoid risks with conditional approval and ensure third-party input on revised plans, reversing the Committee's decision.
Precedent Value
Highlights Minister's preference for outright refusal over complex conditional approvals when details flawed, prioritising third-party consultation rights; future applicants must submit precise, enforceable reserved matters details especially on siting (min 8m rear amenity), landscaping and domestic-scale access in rural exception sites.
Inspector: Graham Self
