25 September 2003 · Minister for Local Government and the Environment (following Planning Committee approval on review, upheld on appeal by Inspector R S Hawthorne)
Bluebell Cottage, Patrick Road, St. Johns, Isle Of Man, IM4 3bn
The proposal involved building a conservatory measuring approximately 4.7m x 3.2m (with the section closest to the River Neb excised) to the rear of Bluebell Cottage, a former garage converted to holiday accommodation.
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The Planning Committee approved the amended scheme as it addressed the sole refusal reason from prior application PA 02/1825 by siting the conservatory at least 3m from the riverbank, matching Drainag…
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to the plans submitted on 24th June 2003.
Riverbank notification
The applicant must notify the Land Drainage Engineer of the Department of Transport prior to commencement of works so that the stability of the riverbank can be assessed during construction.
No views, no adverse traffic impacts
No objection in principle subject to notifying Land Drainage Engineer pre-commencement for riverbank stability assessment
Supports garden improvements despite past objections
Drainage Division and Highways Division issued no objection with conditions for riverbank stability assessment; Patrick Parish Commissioners objected citing previous refusals and ministerial orders against further extensions.
Key concern: Ministerial order prohibiting further extensions to the property
Drainage Division, Department of Transport
Conditional No ObjectionNO OBJECTION In principle subject to:; The applicant must notify the Land Drainage Engineer of the Department of Transport prior to commencement of the work so that the stability of the riverbank can be assessed during construction.
Conditions requested: The applicant must notify the Land Drainage Engineer of the Department of Transport prior to commencement of the work so that the stability of the riverbank can be assessed during construction.
Drainage Division, Department of Transport
Conditional No ObjectionNO OBJECTION in principle, but subject to:; The River Neb is classified as a ‘main river’ under the 1934 Land Drainage Act; the Department of Transport is responsible for maintenance on this section of river as defined in the 1934 Act.
Conditions requested: The applicant must notify the Land Drainage Engineer of the Department of Transport prior to commencement of the work so that the stability of the riverbank can be assessed during construction.
Highways Division, Department of Transport
No ObjectionThe Highways Division of the Department of Transport has no views on the following application, the application having been considered and having no adverse traffic impacts.
Patrick Parish Commissioners
ObjectionPrevious decisions have decreed that there should be no further extensions to this property
Patrick Parish Commissioners
ObjectionThe Commissioners have again considered the above application and wish the Committee to reconsider its' decision to approve this application.; It has been stated on many occasions that it was 'ordered' by the Minister of Local Government and the Environment that there should be no further extensions to this property.
The original application 02/1825 included a conservatory to the rear, summerhouse, and potting shed extension at Bluebell Cottage (former garage converted to holiday let); at review, the conservatory was refused due to riverbank stability concerns from Drainage Division, while the others were approved. Patrick Parish Commissioners appealed to reverse both approvals and the refusal. In appeal AP2124, the inspector upheld the refusal of the original conservatory (too close to River Neb), approved the summerhouse and shed extension as screened and ancillary to tourism (with condition against habitable use), and dismissed the appeal. A revised conservatory application 03/0625/B was permitted by the Committee; the Commissioners appealed in AP2244, but the inspector dismissed it, finding the revised design met the 3m riverbank setback per Drainage Division advice and prior notes do not bind future merits-based decisions.
Precedent Value
Appeals set precedent that technical compliance (e.g., Drainage standards) and screening outweigh open space concerns for ancillary tourist facilities; non-enforceable decision notes cannot bind future applications—applicants should revise schemes post-refusal and rely on expert evidence.
Inspector: David G Hollis (AP2124), R S Hawthorne (AP2244), R E Wilson (AP1635 context)
