11 November 2002 · Planning Committee
Ballaclucas Cottage, Top Road, Crosby, Isle Of Man, IM4 4hn
The proposal involved demolishing two existing non-traditional bungalows (one prefabricated single-storey, one dormer bungalow) and replacing them with two larger two-storey detached dwellings each of about 210 sqm with garages, on a site including agricultural land within an Area of High Landscape Value.
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The Planning Committee judged the new traditional-style dwellings an improvement over the existing 'ugly', non-traditional bungalows that made no positive contribution to the area.
Approved drawings
This approval relates to drawing numbers: 208/07 Rev A, 208/08, 208/06 Rev A, 208/05 Rev A, 252/01
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Residential use only
The building may only be used as a private residence.
Roof materials
The roof(s) must be finished in natural slate or a high quality imitation slate which must be approved by the Planning Authority PRIOR to the commencement of works.
Window type
The windows on the front and side elevations including the garage must be vertical sliding sash. This opening method must be retained in perpetuity unless planning permission is granted for an alternative opening method.
Glazing bars
All glazing bars must be externally fitted on installation.
Exterior stonework
The exterior stonework must be of a traditional nature. NOTE: Split stone on a backing render is not acceptable as an external finish.
Landscaping scheme
Landscaping must be carried out in accordance with drawing number 208/08.
Landscaping implementation/maintenance
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.
Access arrangements
Prior to the commencement of works on the houses, the access arrangements must be altered in accordance with the approved plans.
no objection to this application
No adverse traffic impacts, subject to condition on vehicular access layout
recommends installation of mains wired interconnected domestic smoke detection
DOT Highways has no adverse comments subject to a condition on vehicular access layout; Marown Parish Commissioners consistently have no objection; Isle of Man Fire and Rescue Service recommends smoke detection; a third-party representation objects due to privacy intrusion.
Key concern: privacy intrusion and overbearing impact from two-storey dwellings relocated closer to adjacent property
Department of Transport Highways and Traffic Division
Conditional No ObjectionNo adverse traffic impacts, subject to the imposition of the following conditions; To ensure the provision of satisfactory vehicle parking arrangements for occupied dwellings.
Conditions requested: The layout of the vehicular access shall be completed to the satisfaction of the Planning Authority after consultation with the Highway Authority before being brought into use, and shall thereafter be so retained.
Marown Parish Commissioners
No ObjectionMy Commissioners have no objection to this application.
Isle of Man Fire and Rescue Service
No ObjectionThe installation of mains wired, interconnected domestic smoke detection to BS 5446: Part 1: 1990 is recommended
Conditions requested: The installation of mains wired, interconnected domestic smoke detection to BS 5446: Part 1: 1990 is recommended in accordance with section 1.5 of The Building Regulations 1991 - Approved Document B
Ray Corkhill Services on behalf of Linda Baxter
ObjectionFor those reasons the Committee is asked to refuse the application.
The original application (02/00451/B) was a reserved matters submission following approval in principle (01/1005) for demolishing two existing non-traditional dwellings and replacing them with two larger traditional dwellings and garages at Top Road, Crosby, Marown. The Planning Committee approved it after review despite neighbour objections from Miss Baxter regarding proximity, height, levels, privacy, light, and visual impact. The appellant argued the two-storey dwelling on plot 1 was too close (reduced distance from approved plan), causing intrusion, overlooking into her lower-level garden/patio, and inadequate screening. The applicant and Committee countered with distances (10m to boundary, 26m to gable), dense existing vegetation proven by winter photos, additional planting, and no material light loss at 25m separation. The Inspector found minor footprint changes not a material departure from the approval in principle, confirmed via site visit that proposed landscaping would mitigate impacts sufficiently with no significant overlooking, overbearing effect, or light loss, noted a drawing anomaly for clarification, and recommended dismissing the appeal while granting approval with conditions.
Precedent Value
Reserved matters appeals cannot re-challenge elements approved in principle unless material departures; neighbour amenity objections require site-specific evidence like levels/vegetation photos, as inspector site visit confirmed mitigation outweighs impacts despite acknowledged increased visibility.