12 December 2003 · Planning Committee (Secretary Planning Committee)
Golf Links, Fort Island, Castletown, Isle Of Man, IM9 1tr
The proposal sought approval in principle for erecting a large single dwelling not exceeding 8,500 sq feet externally, including an integral garage, gate lodge and tennis court, replacing an existing tractor shed on golf course land zoned Residential in the 1982 Development Plan.
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The site is located within an area zoned Residential in the 1982 Development Plan Order, making residential development in principle acceptable despite its location on golf course land.
Multiple statutory consultees and local bodies provided responses to planning application 02/02553/A, with Manx National Heritage, DAFF Wildlife, Drainage Division, and Malew Parish Commissioners raising concerns and recommending conditions, while private objections focused on development scale and policy non-compliance.
Key concern: archaeological potential near Ronaldsway and ASSI protection including unique Lesser Mottled Grasshopper habitat
Manx National Heritage
Conditional No Objectionthe area is sufficiently close, and similar, to Ronaldsway, where prehistoric and medieval remains of national significance have been found; we do have misgivings over the size and mass of the proposed building, the footprint of which is of the order of being twice as large as any other dwelling in the immediate vicinity; elevations and the footprint of the building as shown on the submitted drawings are not consistent with each other
Conditions requested: archaeological assessment as condition of approval; environmental assessment considering ecology, archaeology, water run-off, dust and vibration; mitigative strategy acceptable to DAFF and Manx National Heritage
Manx National Heritage
Conditional No Objectionfootprint of the order of being twice as large as any other dwelling; elevations and the footprint of the building as shown on the submitted drawings are not consistent with each other
Conditions requested: consult DAFF over sub-station in ASSI; consult Manx National Heritage on sub-station archaeological impact; careful legal consideration of Section 18/19 Agreements
DAFF Wildlife and Conservation Office
Conditional No ObjectionDAFF do not object to the principle of this development; Lesser Mottled Grasshopper Stenobothrus stigmaticus (protected under the Wildlife Act 1990) is known to occur within 50 metres
Conditions requested: 10m buffer strip of semi-natural vegetation or 2m wall with foundations; no building works/disturbance within ASSI, fenced 10m from boundary prior to construction; control transport/storage of materials to prevent contamination of ASSI; no demolition during bird breeding season April-October; replacement building to include House Martin nesting features; no domestic cats at site; temporary road only on existing vehicle land, no drainage works affecting ASSI
DAFF Wildlife and Conservation Office
Conditional No ObjectionThe voluntary section 18 agreement limiting the development to a single house... is welcomed
Conditions requested: 10m buffer strip or 2m wall; no works within ASSI, fenced 10m from boundary; vegetation removal outside bird breeding season
DAFF Wildlife and Conservation Office
Conditional No Objectionno consideration has been given to the protection of the Area of Special Scientific Interest (ASSI)
Conditions requested: detailed plans include measures to protect ASSI; consult DAFF Wildlife prior to detailed plans; DAFF consent for potentially damaging operations per ASSI Appendix II
Department of Transport Drainage Division
Conditional No ObjectionNO OBJECTION In principle subject to; If no other methods of surface water disposal can be found... request that this application be refused
Conditions requested: connect to public foul sewer with full details in detailed application; no surface water discharge to foul drainage system
Department of Transport Drainage Division
Conditional No ObjectionNO OBJECTION In principle subject to
Conditions requested: connect to public sewer prior to building works per Manx Sewers for Adoption; no surface water to foul systems; notify DOT of sewer connection date
Malew Parish Commissioners
Objectioncommissioners by unanimous agreement wish to object to this Application; proposed size of the house is excessive
Conditions requested: legally enforceable agreement for sole family home use
The original application PA02/02553/A for approval in principle for a single large dwelling (8,500 sq. ft.), integral garage, gate lodge (1,000 sq. ft.), and tennis court was approved but appealed by third party A.B. McFadden against the approval. The appeal documents indicate an inquiry procedure was used, with the inspector considering the 'fall-back' entitlement of two dwellings from the approved scheme. The inspector analysed the site's location in an inaccurately zoned 'existing residential' area under the 1982 Development Plan, strategic policies from the 2007 Isle of Man Strategic Plan emphasising sustainability and settlement character, visual impacts on the Area of High Landscape Value, and effects on Derbyhaven's character. Key findings rejected the larger estate development due to its significant adverse impact on the settlement's form and character compared to the less damaging 'fall-back' of two dwellings, while social impacts were not a planning concern. The appeal outcome upheld the original approval's limited scope, effectively dismissing expansion to 21 dwellings referenced in the analysis.
Precedent Value
This appeal demonstrates that fall-back permissions cap development scale in sensitive locations, requiring new proposals to align with current strategic plans protecting settlement character; future applicants must demonstrate benefits outweigh harm beyond mere replacement of existing entitlements.
