3 February 2005
Poachers Pocket, Bridge Road, Ballasalla, Isle Of Man, IM9 3da
This application concerns a single new dwelling on plot 1 within the approved residential estate layout at the former Poachers Pocket site, which includes roads, plots, and sewers for 22 dwellings approved after appeal in 2004.
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No specific officer reasoning provided for this individual plot approval; it relies on the prior estate approval PA 02/0712/B where the Inspector (David G Hollis) recommended dismissal of appeals agai…
Flood measures prerequisite
No work until main river designation extended to incorporate flood alleviation/mitigation per PA 02/0712/B condition 6
Sewer connection
Connect to approved sewers per Manx Sewers for Adoption; notify DOT Drainage Division in advance; CCTV etc at developer expense
No surface water to foul
No discharge of surface water to foul drainage systems
No objection in principle subject to sewer connections per Manx Sewers for Adoption, no surface water to foul, and condition 6 from PA 02/0712/B re flood measures prior to works
Private residents object strongly to the applications citing flood risks, premature submission, design issues, and breaches of prior conditions; Department of Transport Drainage Division raises no objection subject to drainage conditions; Malew Parish Commissioners object on design and condition compliance grounds.
Key concern: No development until flood protection measures, main river designation, and drainage works approved and completed
Department of Transport Drainage Division
Conditional No ObjectionNO OBJECTION In principle subject to:; The Division recommends that the conditions relating to the flood alleviation and mitigation measures attached to planning application 02/712/B be included in any subsequent approval
Conditions requested: Proposed development must be connected to the proposed sewers approved under PA 02/0712/B and in a manner acceptable to the Department of Transport Drainage Division. All drainage works must conform to the requirements of the Department of Transport’s “Manx Sewers for Adoption” and all necessary inspections/surveys [including CCTV] are to be carried out at the developer’s expense.; Department (as the drainage Authority) be advised, in advance, of the date of the connection of the dwelling to the sewers.; NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s); Conditions relating to the flood alleviation and mitigation measures attached to planning application 02/712/B be included
Department of Transport Drainage Division
Conditional No ObjectionNO OBJECTION in principle, but subject to:; recommend that condition number 6 from PA 02/0712 is attached to any subsequent approval
Conditions requested: Proposed dwelling must be connected to the sewers approved under PA 02/0712/B and in a manner acceptable to the Department of Transport Drainage Division. All drainage works must conform to the requirements of the Department of Transport's "Manx Sewers for Adoption" and all necessary inspections/ surveys [including CCTV] are to be carried out at the developer's expense.; Department be advised, in advance, of the date of the connection of the dwelling to the sewers.; NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s); Condition number 6 from PA 02/0712 is attached ensuring that no work may commence on these dwellings until such time as the main river designation of the Silverburn River is extended; Conditions relating to the flood alleviation and mitigation measures attached to planning application 02/0710/B be included
Malew Parish Commissioners
ObjectionThe Commissioners wish to notify you that they object to these planning applications on the grounds of the size, style and quality of the proposed dwelling, which is out of keeping with the character of neighbouring properties, and is unsympathetic to the village environment.
The original application for 22 dwellings on the Poachers Pocket site (former pub/restaurant) was resolved for approval by the Planning Committee subject to conditions, following previous refusals/appeals citing unresolved flood risk and highway issues. Third parties (Malew Parish Commissioners and local residents) appealed, arguing procedural defects, flood risks, highway safety, tree loss, ecology, and policy conflicts. The inspector conducted a public inquiry, found the refined flood protection scheme (bund, wall, excavations, SUDS) adequate for 1:100 year events plus climate change allowance, highway access safe with DOT approval, and site suitable as previously developed land in a residential area. Policies in the 1982 Development Plan supported residential use; emerging plans given limited weight. Recommended dismissing the appeal, upholding approval with amended conditions for flood maintenance, tree protection, and design.
Precedent Value
Demonstrates that robust technical flood modelling, government department approvals, and conditions for maintenance can overcome floodplain objections on previously developed village sites. Future applicants must refine schemes iteratively and secure expert validation early.
Inspector: David G. Hollis
