2 June 2014 · Minister for Infrastructure (Hon P A Gawne MHK) on appeal, concurring with appointed inspector's report
Land Adjacent To, Ginger Hall Hotel, Ballamanagh Road, Sulby, Isle Of Man, IM7 2hb
The application sought full approval for erecting five identical single-storey 2-bedroom detached bungalows with detached garages on an overgrown 0.55ha site on the eastern edge of Sulby village, accessed via an existing gated entrance from River Meadowland requiring hedging removal and tree clearance for visibility sp…
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Appeal inspector found principle of residential development acceptable as site allocated for housing in sustainable village location, outweighing Sulby Local Plan's 2-dwelling limit given 2011 approva…
General Policy 2
Requires development to respect site/surroundings in layout/scale/form (b), provide safe/convenient access (h), avoid unacceptable road safety effects (i). Failed on cramped layout harming character (b), inadequate visibility on rural lane (h/i); inspector paraphrased: 'materially harmful effect on character/appearance'; 'inadequacy of visibility endangers users'.
Strategic Policy 1
Requires efficient site use accounting for access/landscaping/amenity. Supported principle as good use of under-used village land but tension with layout/access failings.
Strategic Policy 2 - Priority for new development to identified towns and villages
Locates development in towns/villages. Site in sustainable Sulby supported principle.
Housing Policy 4
New housing primarily in villages. Acceptable in principle.
Transport Policy 7
Parking per standards. On-site parking/turning met but access visibility failed.
no objection subject to surface water drainage scheme condition
advisory note; contact for supply
Highway Services objects to the application due to substandard access visibility splays inadequate for five dwellings, recommending refusal or restriction to four dwellings. Manx Electricity Authority requests standard consultation conditions; Lezayre Parish Commissioners object citing overdevelopment and drainage concerns.
Key concern: substandard highway access visibility splays of 2.4m x 12.5m instead of required 2.4m x 36m
Highway Services
ObjectionIt is recommended that this application is refused on the grounds that safe and convenient access cannot be provided in contravention of GP 2 (h) of the Strategic Plan; in order to ensure that neither the existing nor proposed highway users are put at any greater risk the number of dwellings should be restricted to four as per the previous approvals in 2009 and 2011
Conditions requested: Prior to any works on site the access shown on drawing no 09 0513/4 Rev A date stamped 02/09/2013 should be constructed and the visibility splays should remain free from obstruction in perpetuity; Prior to any works on site a traffic mirror should be erected opposite the access to assist visibility of traffic approaching from the south-west. This mirror should be maintained to assist visibility in perpetuity
Highway Services Division
ObjectionIt is recommended that this application is refused on the grounds that safe and convenient access cannot be provided in contravention of GP 2 (h) of the Strategic Plan
Conditions requested: Prior to any works on site the access shown on drawing no 09 0513/4 Rev A date stamped 02/09/2013 should be constructed and the visibility splays should remain free from obstruction in perpetuity; Prior to any works on site a traffic mirror should be erected opposite the access to assist visibility of traffic approaching from the south-west. This mirror should be maintained to assist visibility in perpetuity
Manx Electricity Authority
Conditional No ObjectionSee Note 2
Conditions requested: Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application
Lezayre Parish Commissioners
ObjectionRefused 3-2 majority. My Commissioners feel that the proposed 5 dwellings will be an over development of the site, too dense
The original application for five detached bungalows was refused by the planning authority for substandard access visibility and contrived layout contrary to GP2(i) and GP2(b) of the IoMSP. The appellant argued that one additional dwelling over the previously approved four would not significantly impact highway safety, drainage could be resolved, and the Sulby Local Plan's limit of two dwellings should be outweighed by strategic policies on efficient land use, citing a precedent. The inspector found the principle of development acceptable due to prior approval for four dwellings and sustainable location outweighing the local plan brief, and no unacceptable harm to neighbours' amenity, but concluded the layout was cramped and monotonous harming character and appearance, and access visibility inadequate for five units endangering highway users. Balancing these, the harmful effects on character and highway safety outweighed benefits, leading to the recommendation to dismiss. The Minister accepted this and upheld the refusal.
Precedent Value
This appeal shows that prior approvals and strategic policies can overcome local plan dwelling limits on principle, but applicants must rigorously address layout quality and highway safety incrementally; substandard access tolerable for fewer units may fail for more.
Inspector: Ruth V MacKenzie BA (Hon) MRTPI
