14 July 2010 · Council of Ministers
Land Adjacent To, The Bretney, Jurby, Isle Of Man, IM7 3be
The proposal involves building two pairs of semi-detached single-storey bungalows, each 8.9m wide, 9.3m deep and 6.1m ridge height, with front and rear gardens, a courtyard with 10 parking spaces accessed from Bretney Close, additional parking, and landscaped open space including a timber pergola between the new and ex…
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The site is zoned 'Airfield' in the 1982 Development Plan and outside proposed residential areas, so the proposal does not accord with the development plan per General Policy 3 of the IoM Strategic Pl…
General Policy 1
Requires regard to development plan and all other material considerations. Assessed as satisfied since airfield zoning carries minimal weight due to changed circumstances, outweighed by regeneration strategy, housing need, and site suitability.
General Policy 3
Prohibits development outside zoned areas unless exceptions apply. Site unzoned for residential/airfield; proposal technically non-compliant but distinguished by regeneration role, local need, sustainability, and non-prejudice to Area Plan, so would not undermine policy.
Strategic Policy 3 - To respect the character of our towns and villages
Identifies Jurby as Service Village for housing to meet local needs and broaden choice. Site fits as sustainable infill in regeneration context, providing needed elderly housing near facilities.
Environment Policy 43
Supports regeneration of run-down areas in context of strategies/Area Plans. Jurby explicitly noted for regeneration per Spatial Strategy para 5.10; proposal aligns with Jurby Study/masterplans.
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 erection of four bungalows, access road, parking, landscaping in the submitted documents and drawings 01JY01/0805/01A, 01JY01/0805/02E, 01JY01/0805/03, 01JY01/0805/04A, 01JY01/0805/06, 01JY01/0805/07, 001-NE70418-02, 002-NE70418-02, D003-NE070418-01 and D004-NE070418-01 all received on 3rd February 2010.
Materials approval
Prior to the commencement of any works, there must be submitted to and approved by the Planning Authority, samples of the proposed roof tiles.
Landscaping scheme
No development shall take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the Planning Authority and these works shall be carried out as approved. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of any of the proposed dwellings hereby permitted, so that the required parking spaces can be provided. All planting shall be carried out in accordance the approved details in the first planting and seeding seasons following that first occupation. Any trees or shrub which within 5 years from the completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species unless the planning authority gives written consent to any variation.
Proposal accords with general residential nature of area; improved design; no adverse amenity impact; approve with standard conditions
No objection
No objection subject to conditions on sewer protection, connection, and surface water
No comment; contact for supply and safety
Do not object
Multiple statutory consultees including Drainage Division, Manx Electricity Authority, Highways Division, and Jurby Parish Commissioners raised no objections to the erection of four bungalows at Land Adjacent To St Patrick's View, Bretney Estate, Jurby, with Drainage Division requesting specific conditions related to sewer protection and connections.
Department of Transport Drainage Division
Conditional No ObjectionNo Objection subject to the following conditions; It is noted that the surface water from the property is to be discharged via a soakaway. The use of soakaways are subject to Building Control approval and if this approval is not granted, the Drainage Division would not give permission for the discharge of surface water into the existing foul system and an alternative means of disposal would have to be sought.
Conditions requested: The applicant is required to contact the Drainage Division prior to any work commencing on site to agree the necessary protection to the existing foul sewers and rising main that cross the areas of proposed landscaping. The planting of shallow rooted trees and hedges is recommended in the area by the Division.; The proposed dwellings must be connected to the public foul sewer in a manner acceptable to the Department of Transport Drainage Division. All drainage works must conform to the requirements of the Department of Transport's "Manx Sewers for Adoption" and all necessary inspections/ surveys [including CCTV] are to be carried out at the developer's expense.; If the developer requires the proposed sewers and associated drainage works to be adopted, the Division recommends that the developer enters into an adoption agreement prior to work commencing on site, in accordance with section 8 of the Sewerage Act 1999.; Under section 4(3) of the Sewerage Act 1999 the applicant must give 21 days notice, in writing, to the Drainage Division, prior to making any communication to the public sewer.
Manx Electricity Authority
No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application.; All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6.
Conditions requested: Contact the M.E.A. for Electrical Site Safety 5 documents before any work is carried out on site; Contact the Authority’s Network Operations Department (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
Highways Division
No ObjectionDo Not Oppose
Jurby Parish Commissioners
No Objectionmy Commissioners have now considered the above proposed development, and have no objections thereto.
The original application for four bungalows was refused by the Council of Ministers in April 2009 based on a prior inspector's recommendation under PA08/02216/B, primarily due to conflict with the 1982 Development Plan's airfield zoning and General Policy 3 of the Strategic Plan prohibiting development outside zoned areas. The appellant, the Department of Infrastructure's Estates and Housing Directorate, argued that new evidence including housing needs, Jurby regeneration strategy, and severability from the master plan justified approval, addressing deficiencies in the previous case. The inspector conducted a site visit and informal hearing, concluding that the airfield zoning carries minimal weight due to ceased operations, the site meets local elderly housing needs in a service village, and material considerations like the Jurby Study and Spatial Policy 3 outweigh development plan conflicts without undermining policy consistency. No objections were raised by consultees. The Council of Ministers accepted the recommendation on 14 July 2010, granting approval subject to conditions.
Precedent Value
This appeal demonstrates that airfield zoning from outdated plans carries minimal weight if operations ceased; success hinges on robust evidence of local needs, regeneration alignment, and severability in emerging plans, allowing override of GP3 in unique village contexts without setting broad precedent for open countryside.
Inspector: G Farrington
