12 May 2010 · Planning Committee
Land Adjacent To, Ginger Hall Hotel, Ballamanagh Road, Sulby, Isle Of Man, IM7 2hb
The proposal sought approval in principle for laying out four residential building plots on unused land zoned for predominantly residential use and woodland next to the Ginger Hall Hotel in Sulby village.
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The officer recognised conflict between Sulby Local Plan Brief limiting to two dwellings (no rationale given) and Isle of Man Strategic Plan's Strategic Policies 1 & 2 prioritising best use of under-u…
Strategic Policy 1
Requires optimising under-used land, efficient site use with access/amenity, utilising infrastructure. Officer found 4 plots better optimise last Sulby site vs brief's 2, with services available, prevailing over local brief.
Strategic Policy 2 - Priority for new development to identified towns and villages
Locates new development in villages. Site in Sulby village zoning supports residential, efficient infill extension.
General Policy 2
Permits zoned development if respects brief, amenity, highways, services. Partial as exceeds brief para1 but complies with access/trees/drainage/amenity tests; Strategic Plan overrides.
Housing Policy 1
Provides for 6000 dwellings to 2016. Contributes to housing supply on zoned village land.
Housing Policy 6
Zoned residential must follow area plan brief unless needlessly prescriptive. Brief's 2-dwelling limit overridden by Strategic Plan inconsistency rule and appeal precedent.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved drawings
This approval relates to the residential layout for four building plots as proposed in the submitted documents and drawings 090513/1, 090513/2.100 REV 0, 09 0513/1 REV B, 09 0513/3 and 09 0513/4 REV A all received on 20th March 2009, 2nd July 2009, 29th September 2009 and 22nd March 2010.
Traffic mirror
Prior to the commencement of construction of any dwellings on the site a traffic mirror shall have been erected in accordance with details which will have been first agreed in writing with the Planning Authority. The mirror shall be retained and maintained in good order thereafter.
no objection subject to conditions
no comment on merits, requests informative note
Multiple residents and Lezayre Parish Commissioners objected to the residential layout for four building plots due to drainage/flooding risks, access/visibility issues, overdevelopment, and market demand; Manx Electricity Authority requested standard conditions; Highways Division indicated objection based on inadequate visibility splays.
Key concern: drainage and flooding risks
Lezayre Parish Commissioners
ObjectionThe Commissioners respectfully request that this appeal be allowed and that any further planning applications for this site be submitted once the outcome of the drainage report from Messrs Hyder is known.
Conditions requested: defer approval until outcome of Hyder drainage report known
Lezayre Parish Commissioners
ObjectionThe Commissioners respectfully request that this appeal be allowed and that any further planning applications for this site be submitted/approved once the outcome of the drainage report from Messrs Hyder is known.
Conditions requested: defer approval until outcome of Hyder drainage report known
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application.
Conditions requested: applicant must contact Authority's Network Operations Department (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may be required to be diverted; Contact the M.E.A. for Electrical Site Safety 5 documents (Tel. 687766) before any work; Contact the M.E.A. Planning Department (Tel. 687781) to discuss electricity supply; MEA requires 24 hours unrestricted access to the cables in the Public Highway
Highway Division
ObjectionThe proposal is for 4 dwellings and therefore we cannot use 'Shortest Stopping Sight' distance to determine the visibility splays, which would have been 2 x 18 metres. Therefore, we have to use PPG13 standards, which require the splays to be 2.4 x 45 metres, however taking into account the road and we have lowered the standard to 36 metres.
W E Teare
ObjectionI feel that it is premature for DoLGE to consider this planning application. It would, to my mind, incur a substantial risk and only exacerbate an identified problem.
The original application (09/00504/B) for a residential layout subdividing the site into four plots was approved by the Planning Committee on 29 April 2010 despite the Sulby Local Plan brief limiting the site to two single-storey dwellings. The Parish Commissioners appealed, arguing non-compliance with the Local Plan brief, drainage issues, highway safety, and visual impacts from tree removal. The applicant and Planning Authority defended the approval citing the overriding Strategic Plan policies for efficient land use, a precedent appeal allowing more dwellings, and resolutions to drainage and access concerns. The inspector assessed drainage, access, and design/amenity issues, finding that while technical concerns could be addressed, the Local Plan brief for two single-storey dwellings should not be disregarded given site constraints and compatibility with surroundings. The inspector recommended allowing the appeal to refuse four plots, a recommendation accepted by the Minister on 20 September 2010.
Precedent Value
This appeal shows Local Plan development briefs retain significant weight on small sites even against Strategic Plan intensification policies, particularly where single-storey limits ensure amenity compatibility. Future applicants must submit detailed designs at layout stage and prove feasibility of higher density with all required infrastructure/landscaping.
Inspector: John S Turner
