22 June 2011 · Minister for Infrastructure following report by the appointed person
Field 612835, Clay Head Close, Baldrine, Isle Of Man, IM4 6dw
The proposal involves building three modern detached two/three-storey dwellings (with basements, monopitch/flat roofs, extensive glazing and balconies) on a 0.88ha sloping field at the end of Clay Head Close in a residential area of Baldrine, Lonan.
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The site is designated as suitable for low density residential development of individual dwellings at a density similar to adjacent properties under Laxey and Lonan Area Plan Policy L/RES/PR/8, with t…
Residential Policy 1 of Laxey and Lonan Area Plan Order 2005
Permits residential development in designated proposed/existing residential areas if sympathetic to character. Site in designated residential area; principle acceptable.
Policy L/RES/PR/8 (site-specific residential development brief)
Site suitable for low density individual dwellings similar to adjacent properties; proposals must address site as whole with comprehensive landscaping. Three dwellings at low density matching surroundings, full site layout with landscaping provided.
Car parking standards
Requires 3 spaces per unit, one in curtilage behind front of dwelling. Proposal provides adequate on-site parking to standards.
Laxey and Lonan Area Plan Policy L/CP/PR/2
Similar to L/RES/PR/15, requires 3 spaces per unit. Assessed compliant.
Ecological interest policy
Presumption against development adversely impacting ecological areas. Site in wider ecological interest area but no specific adverse effects identified; no DAFF advice sought.
Policy L/S/PR/1
No development if sewage cannot be satisfactorily handled. Percolation tests, soakaways, reed bed and pumped sewerage approved by Water Authority.
Strategic Policy 2 - Priority for new development to identified towns and villages
New development primarily in towns/villages or sustainable extensions; countryside exceptional. Site in approved residential designation.
General Policy 2
Permits development in accordance with Area Plan if respects siting/layout/scale/design/landscaping, no adverse character/amenity/highway impacts, services provided. Officer assessed compliance on visual/amenity/highway/drainage grounds despite some appellant claims of conflict.
Environment Policy 4
No development adversely affecting protected species/habitats. No specific issues raised; site in ecological interest but no adverse impact found.
Housing Policy 4
New housing primarily in towns/villages or plan-identified extensions. Site allocated in Area Plan.
Housing Policy 6
Zoned residential land per Area Plan brief. Complies with low density brief.
Transport Policy 7
Parking per current standards. Provided adequately.
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 Drawing numbers PO26-01, PO26-03, PO26-07, PO26-08, PO26-010, PO26-101 to 106, PO26-201 to 206, PO26-301 to 306, all date stamped 14 April 2011.
Landscaping scheme
Prior to the commencement of development, a detailed scheme of hard and soft landscaping, including details of any gates and boundary treatments, shall be submitted to and agreed in writing by the Planning Authority. The landscaping scheme shall be implemented in accordance with the approved details. All planting, seeding or turfing which forms part of the approved landscaping scheme shall be carried out in the first planting and seeding seasons following the completion of the development or the first occupation of any of the three dwellings, whichever is the sooner. Any trees or plants which die, are removed, or become seriously damaged or diseased within 5 years of being planted shall be replaced in the next planting season with others of a similar size and species.
Surface water attenuation
Prior to the commencement of development, details of the surface water attenuation scheme (reed bed system), including a timetable for its installation, shall be submitted to and agreed in writing by the Planning Authority. The surface water attenuation scheme shall be installed in accordance with the approved details.
Reduction to three houses an improvement but concern over sewerage noise
Takes on board concerns from previous application; requires appropriate landscaping
Do not oppose
No objection
The original planning application for three detached dwellings was approved by the Planning Committee despite third-party objections. Appellants (neighbours and parish commissioners) challenged the approval on grounds of overdevelopment, visual impact, harm to amenities, highway safety, and policy non-compliance. The Planning Authority and applicants defended the scheme as compliant with the Laxey and Lonan Area Plan Order 2005 (Area 11, policy L/RES/PR/8) and Isle of Man Strategic Plan General Policy 2, supported by density analysis, photomontages, and no objections from key consultees. The inspector assessed character/appearance, living conditions, and highways, finding no material harm due to spacing, topography, screening, and lack of evidence of safety risks. Appeals were dismissed, approval upheld with refined conditions on landscaping, drawings, and surface water attenuation.
Precedent Value
Demonstrates that modern designs and low-density schemes (even below local averages) on allocated sites will be upheld against neighbour appeals if separation distances, topography, and landscaping mitigate impacts; future applicants should prioritise objective evidence like photomontages, density calcs, and consultee positions over anecdotal concerns.
Inspector: Ruth V MacKenzie BA(Hons) MRTPI
