22 January 2009 · Planning Committee
Kingsley House, Phildraw Road, Ballasalla, Isle Of Man, IM9 3eg
The site is 1.26 ha of land on the western side of Phildraw Road, north-west of Ballasalla, currently accommodating one dwelling with the remainder grazed or unmanaged open space. The proposal involves demolishing the existing dwelling and developing three new dwellings, each in approximately one acre of land, with a n…
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The officer assessed the proposal against Planning Circular 8/89 criteria for Low Density Housing in Parkland, requiring substantial buildings in at least 1 acre of landscaped grounds sitting 'comfort…
Low Density Housing in Parkland
Requires substantial buildings designed to highest quality, sited in at least 1 acre of own grounds to sit comfortably and naturally in landscaped setting acknowledging contours and trees; applications must include full survey of levels and trees. Officer found site insufficient for three dwellings plus landscaping without harming character; density met minimally but full test failed due to rural linear pattern and prominence.
Interest expressed
Highways Division and Malew Parish Commissioners objected to the application primarily due to inadequate visibility splays and over-intensification out of character with Low Density Housing in Parkland zoning, while several private individuals also objected on similar grounds.
Key concern: inadequate highway visibility splays (2m x 90m required)
Malew Parish Commissioners
ObjectionThey object to this Planning Application, as it is an over-intensification of the site and out of keeping with the countryside.
Highways Division
ObjectionThe visibility splays on the drawings do not show the required distance of 90 metres for this location; In this situation visibility of 2m x 90m is required.; This visibility is not shown on the plans and does not appear to be achievable on land within the control of the applicant.
Department of Transport
ObjectionObjection | The visibility splays on the drawings do not show the required distance of 90 metres for this location
The original application PA99/1175B for approval in principle of layout for 7 plots, roads and sewers (with temporary septic tanks pending IRIS connection) on 7.8 acres zoned Low Density Housing in Parkland was approved by Planning Committee despite prior refusals of similar schemes (PA97/1384, PA98/0363) on grounds of estate-like layout failing rural character and drainage issues. Appellants (Malew Commissioners, Mr E Davies, residents) argued the layout created a regimented estate contrary to Circular 8/89, failed to respect rural character near High Landscape Value area, inadequate plot sizes/net grounds, tree impacts, highway safety, and critically, unsuitable septic tanks due to clay soils, high groundwater, slope, risking pollution/nuisance pending uncertain IRIS (post-2004). Applicants Heritage Homes and Committee defended zoning compliance, 1-acre plots, amended layout/landscaping (new hedges/trees), DoT Drainage no-objection to temporary septics with tests/BS6297 compliance, minimal landscape/amenity/highway harm. Inspector's report details Inquiry evidence on all issues but findings/outcome not in excerpts. No decision stated.
Precedent Value
Highlights tension between old zoning and emerging Local Plan/IRIS infrastructure; stresses need for robust site-specific drainage evidence (tests/boreholes) over general objections in low-density parkland zones; temporary septics viable if DoT consents but vulnerable to groundwater/slope critiques.
