14 April 2009 · Minister for Local Government and the Environment (confirmed Planning Committee decision after appeal inquiry)
Field 432537, Phildraw Road, Ballasalla, Isle Of Man, IM9 3eg
The proposal involves building a large 3-level detached house (30m x 11m, ridge height 12.3m) with attached triple garage, set back 45m from Phildraw Road on a sloping 0.93ha grassland site adjacent to Ballavoddan house and the Awin Ruy watercourse.
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The site is zoned LDHP under the 1982 Development Plan Order, interpreted by extant Circular 8/89, which permits substantial high-quality dwellings in at least 0.4ha landscaped grounds acknowledging c…
Low Density Housing in Parkland
Requires substantial high-quality dwellings in ≥0.4ha grounds sitting comfortably in landscaped setting acknowledging contours/trees; all trees deemed Registered. Proposal complies: 0.93ha site, high-quality design cut into slope, >3,000 replacement plants create parkland; tree removal justified as poor quality, replanted with semi-mature specimens.
General Policy 2
Permits development in Area Plan zoning subject to criteria on siting/scale/design/landscape (b), character (c,g), wildlife/habitats/watercourses (d), contours/trees/banks (f), access/safety (h,i). Fully met: zoned LDHP, respectful design/materials, no amenity harm (≥30m to Ballavoddan), DOT-approved access, wildlife strategy, enhanced planting.
General Policy 3
No development outside zoned areas (exceptions n/a). Operational development within LDHP boundary (~75m from road per overlay); minor potential Private Woodland encroachment not harmful.
Environment Policy 4
No adverse effect on protected species/habitats. No bat roosts; foraging not critically affected (many other trees, enhanced planting); complies via strategy.
Environment Policy 7
Protect watercourses: identify, risk assessment, pollution measures, ≥8m buffer, phased works. Awin Ruy shown, risk assessment/strategy submitted (bunds, silt traps), no works <8m, DOT Drainage approved.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This permission relates to the construction of a dwelling and associated access, drainage, landscaping and re-definition of the curtilage of Ballavoddan, all as shown in plans reference C101, C103 RevA, C104, C105, C106, C107, C108, 109, C110, C111, C112, C131, C133, 01A, 02, PL301/3, 32618/DR01, 32618/DR02 and the details of the gates all received on 9th January 2009, and plans reference C102A and C8154A each received on 10th November 2009.
Tree protection
Prior to the commencement of works on site the trees to be retained and protected against damage during the course of construction must be protected in accordance with drawing reference C8154-001A.
Access formation
Following the protection of the trees as required above, prior to the commencement of any other works on site the access with visibility splays as shown in drawing C103 Rev A must be set out and available for use and the adjacent existing access closed off as shown in the approved drawings.
Watercourse protection
No development may be undertaken within 8m of the watercourse in order to minimise risk of damage or disturbance to the river banks and river bed. During construction, measures must be taken as set out in The Strategy for the Protection of Wildlife, Habitats and Watercourses submitted with the application to avoid any adverse impact on the watercourse.
Landscaping
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Underground wires
Prior to the commencement of works on the approved dwelling, works shall be undertaken to underground the existing overhead wires directly fronting the application site.
Frontage trees average to poor quality; loss not sufficient justification to oppose
No objection; visibility splays comply with policy for local access road
No objection; recommends minimising tree loss and insect-attracting replacements (provided in scheme)
Highways Division and DAFF Forestry have no objection to the application, while Manx Electricity Authority requests contact for utilities; public objections from Kaz Ryzner Associates and BADRA raise concerns over policy compliance, tree loss, access safety, wildlife survey, and watercourse protection.
Highways Division
No ObjectionThe Highways Division have no objection to the application; The application has satisfied the Department's minimum requirement for visibility splays of 2m x 36m
Manx Electricity Authority
Conditional No ObjectionSee Note 2; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this 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... to discuss working practices around Cables and Overhead Lines; Contact the M.E.A. for Electrical Site Safety 5 documents
DAFF Inland Fisheries
Conditional No ObjectionThere must be no development within 8 metres of the watercourse in order to minimise the risk of disturbance to the river, and to retain a natural wildlife corridor
Conditions requested: There must be no development within 8 metres of the watercourse; Measures must be in place during construction works to safeguard the nearby pond and watercourse from run-off and sedimentation
DAFF Forestry
No Objectionthe loss of these trees would not be sufficient justification to oppose this planning application; replacement planting should, in the fullness of time, make a worthwhile contribution to the visual amenities of the area
Conditions requested: The protective fencing (Heras) referred to in the report is suitable for the purpose provided it is securely erected
The original application 09/00023/B for a large 3-level detached house with garage in LDHP zoning was permitted by the Planning Authority on 2 February 2009. Neighbours Mr E Davies and Miss Sarah Davies appealed, arguing non-compliance with Circular 8/89 due to tree loss, encroachment into Private Woodland/Parkland, inadequate access visibility, bat habitat harm, and Awin Ruy pollution risks. The Planning Authority defended the permission, citing compliance with LDHP policy, poor tree quality, adequate access per DoT, and sufficient mitigation. Applicants (AGC Ltd) supported with expert evidence on design, landscaping, and safety. The Inspector analysed zoning, trees, access, ecology, and policies, finding access unsafe despite DoT approval and recommending reversal of permission.
Precedent Value
Demonstrates inspectors will override DoT SSD acceptance if unsafe per UK standards (90m visibility); LDHP zoning not automatic approval - access/trees decisive. Future applicants must secure safe visibility beyond SSD and provide robust tree mitigation evidence.
