3 July 2013 · Minister for Infrastructure (via Chief Executive N J Black) following Planning Committee approval and dismissed appeal
Harmony View, Hill Park, Ballakillowey, Colby, Isle Of Man, IM9 4bf
The proposal was for a detached dormer bungalow with adjoining garage on part of the rear garden of Longmead in the Ballakillowey Estate, a predominantly residential area with bungalows and dormer bungalows. It included pitched roof dormers, smooth painted render, natural slate roof, and uPVC or aluminium windows.
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The site is within 'Predominantly Residential' zoning on the Area Plan for the South, complying with land use principles. Neighbour amenity impacts were assessed as acceptable due to over 20m separati…
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale/design, not adversely affect amenity/character/highways, and provide safe access. Officer assessed bungalow as compliant due to estate-compatible design, 20m+ separations, and approved access.
Environment Policy 42
Prohibits inappropriate backland development harming character/identity or removing green spaces. Site assessed as infill/rounding-off within estate boundaries, not open countryside intrusion, with design fitting local bungalow/dormer mix.
Housing Policy 6
Residential-zoned land to follow area plan briefs or para 6.2 criteria. No specific brief; complied via zoning and design assessment.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this approval.
Approved plans
The development permitted shall not be carried out except in full accordance with Drawing No's 01 Rev P1, 02 Rev P1, 03 Rev P1 and 04 Rev P1, all date-stamped 3 April 2013; and sections received on 25 April 2013.
Close northern access
Within two months of the completion or first use of the approved access, whichever is the soonest, the access at the northern end of the site shall be closed off using hedging to match the existing boundary treatment.
Provide access and splays
The access and its visibility splays shown on Drawing No. 01 Rev P1 shall be provided prior to the commencement of works.
Retain visibility splays
The visibility splays shown on Drawing No. 01 Rev P1 shall be permanently retained.
Obscure glazing
The windows in the two en-suite bathrooms in the rear dormers of the dwelling hereby approved shall be obscure-glazed to Level 5 (as detailed on Pilkington's textured glass range) or its equivalent.
Boundary treatments
Before development commences, details of boundary treatments shall be submitted to and approved in writing by the Planning Authority. The boundary treatments shall be provided and retained in accordance with the approved details.
Do not oppose; access suitable for single dwelling subject to conditions on visibility splays, access provision, and closure of old access
Expressed interest; require contact for electricity supply and safety around cables
Rushen Parish Commissioners object to application 13/00409/B due to highway safety, inappropriate scale and design, and unsustainability; Highways Division has no objection subject to conditions including closing the existing access; Manx Electricity Authority requests contact for supply; multiple residents object on road safety grounds.
Key concern: Failure to close previous access as required by prior approval 12/00663/B and road safety risks from additional traffic on narrow, busy road with speeding and parked vehicles
Rushen Parish Commissioners
ObjectionIt must be pointed out that the previous approval for this site - new access - required that the old small access further up the road be built up. This has not been done; RPC recommend that the Highways Division re-visit this site to reassess it for suitability for a further dwelling on that part of the road; Rushen Commissioners are of the opinion that it is too large for the site and the design is not in keeping with the other properties on this road; According to the Southern Area Plan this area is regarded as 'unsustainable'
Conditions requested: Highways Division to re-visit site to reassess suitability for further dwelling
Department of Infrastructure Highways Division
Conditional No ObjectionDo not oppose subject to the imposition of the following condition; The access approved under PA 12/00663/B is suitable to serve a single dwelling... we would want to see the garden access closed before the new access is used; A condition should be imposed to ensure that the visibility splays remain in perpetuity
Conditions requested: The applicant shall contact the Network Operations Section of the Department of Infrastructure prior to carrying out any works within the highway, telephone 686665; Existing access to be blocked up 12/00663/B; Visibility splays to remain in perpetuity
Hazel Fletcher, Traffic Engineer, Highways Division
Conditional No ObjectionThe access approved under PA 12/00663/B is suitable to serve a single dwelling; Although the visibility splays are currently within the same ownership as the access a condition should be imposed to ensure that the visibility splays remain in perpetuity
Conditions requested: Garden access closed before the new access is used; Condition imposed to ensure visibility splays remain in perpetuity
Manx Electricity Authority
Conditional No ObjectionContact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application
Conditions requested: Applicant must contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application
The original application (13/00409/B) for a detached dormer bungalow was approved by the Planning Committee on 3rd July 2013 despite objections from Rushen Commissioners and residents. Local residents Mrs K M Crawley and Mrs A Maley appealed the approval, citing concerns over privacy, amenity, highway safety, and visual impact. The applicant and Planning Authority argued compliance with zoning and policies, supported by prior access approval (12/00663/B) and Highways Division confirmation. The inspector conducted a site visit and public inquiry on 26 September 2013, finding no material harm to residential amenity, character, or highway safety. The appeal was dismissed on 3 October 2013, upholding approval with refined conditions.
Precedent Value
Demonstrates that in residential zones, technical compliance on amenity distances, highway standards, and contextual design can overcome third-party appeals, even against local opposition; secure prior access approval and Highways support early.
Inspector: Ruth V MacKenzie BA(Hons) MCTPI
