29 January 2013 · Planning Committee
Land Adjacent To, Ginger Hall Hotel, Ballamanagh Road, Sulby, Isle Of Man, IM7 2hb
The proposal sought full planning approval for six identical detached dwellings each with an integral garage on a site designated for residential development in Sulby, accessed from Ballamanagh Road (B8). The site lies between Ginger Hall Hotel and Carrick Park, falling away to a rear drainage ditch.
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The officer concluded the six dwellings constituted over-intensive development, creating an 'awkward and cramped layout' with reduced plot sizes and amenity space compared to the prior four-dwelling a…
General Policy 2
Requires development to respect site/surroundings in layout/scale/landscaping, provide satisfactory amenity/access/parking, and avoid unacceptable road safety effects. Officer found proposal failed on cramped layout, poor private amenity (narrow gardens), no landscape buffer, and substandard visibility splays for six units, despite zoning acceptance; prior four-dwelling approval set limit as Strategic Plan efficiency did not extend further.
Strategic Policy 1
Seeks efficient site use accounting for access/landscaping/amenity. Allowed superseding local brief for four dwellings but six tipped into overdevelopment with amenity/layout failures.
St Johns Local Plan Policy for Area 6
Requires residential development in proposed areas 2-5 per local plan briefs. Sulby brief limits site to two single-storey dwellings with hotel parking, landscape buffer, B8 access; breached by six units.
Housing Policy 6
Zoned residential development per area plan brief or GP2 criteria. Brief not followed; GP2 tests failed on amenity/highways.
Transport Policy 7
Requires parking per standards (2 spaces/unit). Proposal provided but access visibility inadequate for six units per Highways.
No objection subject to conditions on surface water attenuation, no discharge to foul sewers, and compliance with Manx Sewers for Adoption
Advise developer to contact prior to works; no objection stated
Multiple objections from local residents and Lezayre Parish Commissioners primarily concerning inadequate drainage arrangements and use of private pipes, with Highways Traffic Engineer objecting to substandard visibility splays for the increased number of dwellings, while Water A…
Key concern: substandard visibility splays and drainage using private pipes without permission
Highways Division Traffic Engineer
ObjectionThe improved visibility, while acceptable to ameliorate the increased traffic from 2 to 4 dwellings, is not sufficient to outweigh the increased road safety implications for an increase from 2 to 6 dwellings.; This application does not meet the minimum visibility standards to provide safe access onto the highway as required by GP 2(h) of the Strategic Plan.
Conditions requested: no construction work shall be started on site until the access approved under PA 11/00155/B as shown on approved drawing 09 0513/4 rev A dated February 10 is constructed and a traffic mirror is installed opposite the access to facilitate visibility to the south-west; a traffic mirror shall be installed opposite the access to facilitate visibility to the south-west and maintained in perpetuity
Isle of Man Water and Sewerage Authority
Conditional No ObjectionNo Objection: - subject to the following conditions:-
Conditions requested: There must be NO discharge of surface water from this proposed development to any foul drainage systems so as to comply with the requirements of the Isle of Man Water & Sewerage Authority and the Sewerage Act 1999. Surface water flows from the development must be attenuated to a figure agreed with the Authority.; All drainage works must conform to the requirements of “Manx Sewers for Adoption” and all necessary inspections/ surveys [including CCTV] are to be carried out at the developer’s expense.; under section 35 of the Land Drainage Act 1934, written consent is required from the Isle of Man Water & Sewerage Authority for any work carried out on or adjacent to any watercourses throughout the Island.; If the developer requires the proposed sewers and associated drainage works to be adopted, it is recommend that the developer enter into an adoption agreement with the Authority prior to work commencing on site, in accordance with section 8 of the Sewerage Act 1999.
Manx Electricity Authority
No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application.
Conditions requested: Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.; Contact our Network Operations Department, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site.; Contact the M.E.A. for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site.
Lezayre Parish Commissioners
ObjectionThe Commissioners have concerns regarding the drainage for this site.; If in the inspectors opinion there was insufficient room for 4 properties, how can there now be room for 6? To allow 6 properties, would be an overdevelopment of the site.
Kenneth R Grattan
Objectionno approach has been made to him by Mr Frank Sweeney or his representatives to permit the drainage from the proposed development going into his system.; The only real solution is for the developer to install a new pipe directly to the river or to approach Mr Cottier
Conditions requested: developer to install a new pipe directly to the river or approach Mr Cottier to connect into his private arrangement with works and materials paid for by developer
John Cottier
Objectionthe culvert as Private I Interpret that as not for public use; should permission not be granted and or a closing error occur I will strongly object to any discharge into the field ditch as an alternative.
W E Teare ACIB MHK for Ayre
ObjectionMy reservations are still focused on the drainage issues
The original application (implied from planning history) sought approval for subdividing the site into four residential plots, which the Planning Authority granted despite the Sulby Local Plan brief limiting the site to two single-storey dwellings, citing overriding Strategic Plan policies for optimal land use. The appellants (Lezayre Parish Commissioners and third parties) argued against the increase from two to four dwellings due to drainage/flooding risks, highway safety, loss of roadside trees, and non-compliance with the Local Plan brief. The Planning Authority defended the approval, asserting that four plots could accommodate acceptable standards and that highway and drainage issues could be resolved. The inspector assessed drainage, access, and design/amenity issues, finding that while drainage and access concerns could be managed, the site could not satisfactorily accommodate four dwellings without disregarding the Local Plan brief, leading to incompatibility with surrounding bungalows and inadequate amenity space. The inspector recommended allowing the appeal to refuse the four-plot approval.
Precedent Value
This appeal demonstrates that Local Plan development briefs retain significant weight on small sites even against strategic policies for land optimisation, particularly where amenity, landscaping, and compatibility with surroundings are concerned. Future applicants should submit detailed designs at outline stage and propose comprehensive conditions to address access, drainage, and planting.
Inspector: John S Turner
