4 February 2005 · Minister for Local Government and the Environment - Chief Executive (R. A. Hamilton)
Poachers Pocket, Bridge Road, Ballasalla, Isle Of Man, IM9 3da
The documents primarily cover appeal PA 02/0712 for a residential estate layout with roads, plots, and sewers for 22 dwellings at Poachers Pocket, including flood alleviation measures like a bund, wall, excavations for water storage, and surface water tanks.
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The appointed person (Inspector) recommended confirming approval after assessing that flood modeling demonstrated protection for the site up to 1:100 year events plus 23% climate change increase, with…
Planning Circular 7/91 - Island Strategic Plan Southern Sector (c)
Confirms residential zoning; no policies preclude development; previous Inspector accepted principle subject to flood/access resolution, now addressed.
Draft Strategic Plan Policy 21
Requires flood risk assessment/mitigation where risk exists; satisfied by URS modeling, bund/wall/storage protecting to 1:100+climate change.
Draft Strategic Plan Policy 23
Prohibits unacceptable flood risk on/off-site; modeling shows no increase downstream/upstream, slight benefits; DOT confirmed.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this decision.
Approved plans
This approval relates to drawing numbers: [list of specific plans and Flood Risk Assessment excluding Fig. 3.2].
Foul drainage connection
The proposed development must be connected to the public sewer(s) ... PRIOR to commencement of any building works.
No surface water to foul sewers
There must be NO discharge of surface water ... to any foul drainage system(s).
Public sewer diversion
The proposed diversion of the existing public sewers ... PRIOR to commencement of any works.
Main river designation for flood measures
No development ... until ... main river designation ... extended to incorporate the flood alleviation and mitigation measures.
Flood protection prior to building
Following clearance ... bund, flood protection wall and ... measures ... must be constructed PRIOR to commencement of building works.
Estate road junction
No other works ... until the estate road junction ... has been set out and established.
Road construction before occupation
No dwelling ... occupied until the estate road ... constructed to at least base course level.
Vehicle parking
Before each dwelling is occupied the proposed vehicle parking facilities shall be provided.
Full estate road completion
No works on penultimate dwelling until estate road completed.
Single storey/no overlooking
Dwellings generally single storey; dormers not facing existing dwellings causing overlooking.
No permitted development
No greenhouses, walls, gates, fences, sheds, garages or oil tanks.
Tree protection
Existing trees ... protected per BS5837; Protected Area free from excavation/deposit.
Archaeology notification
Manx Museum ... informed of commencement; access for inspection.
Landscaping scheme
Approved scheme including trees/hedges/protection PRIOR to commencement.
Landscaping implementation
Planting in first seasons; 5-year replacement.
Pre-commencement site meeting
Applicant convene site meeting with officers.
Flood details approval
Further details of floor protection bund/wall/surface water tank PRIOR to building works.
No objection subject to conditions on access, roads, parking, lighting
No objection; satisfied with flood scheme, drainage; requests conditions
No objection subject to tree protection conditions
Resolved to approve subject to conditions
Private residents submitted multiple objections concerning flood risk, prematurity, design incompatibility, and procedural issues; Department of Transport Drainage Division submitted two no objection responses subject to drainage and flood conditions.
Department of Transport Drainage Division
Conditional No ObjectionNO OBJECTION in principle, but subject to:; The Division recommends that the appeal hearing for PA 04/1675 is held after any decision is made by Tynwald.
Conditions requested: condition number 6 from PA 02/0712 to be attached ensuring no work commences until main river designation of Silverburn River is extended; proposed dwelling must be connected to sewers approved under PA 02/0712/B in manner acceptable to Department of Transport Drainage Division with conformance to 'Manx Sewers for Adoption' and inspections/surveys including CCTV at developer's expense; Department to be advised in advance of connection date per Sewerage Act 1999; NO discharge of surface water to foul drainage systems; conditions relating to flood alleviation and mitigation measures from PA 02/0712/B to be included
Department of Transport Drainage Division
Conditional No ObjectionNO OBJECTION In principle subject to:
Conditions requested: proposed development must be connected to proposed sewers approved under PA 02/0712/B in manner acceptable to Department of Transport Drainage Division with conformance to 'Manx Sewers for Adoption' and inspections/surveys including CCTV at developer's expense; Department to be advised in advance of connection date per Sewerage Act 1999; NO discharge of surface water to foul drainage systems; conditions relating to flood alleviation and mitigation measures from PA 02/0712/B to be included
PA 02/0712 for 22 dwellings on a floodplain site at Poachers Pocket was refused by the Planning Committee primarily due to flood risk concerns; the appeal (2206) featured extensive arguments on flooding, highways, drainage, trees, and ecology from appellants (Malew Parish Commissioners, residents), Council, and applicant. The inspector found flood protection measures (bund, wall, excavations) adequate for 1:100 year events, highway access safe with perfect visibility, trees and ecology manageable via conditions, and policy compliance, recommending allowance subject to conditions. Prior appeal PA 00/1836/A was dismissed as premature on flood and access issues. PA 04/01660/B for plot 2 dwelling within the approved estate was permitted by Committee despite third-party appeals (2553) on height, rooflights, prematurity, and density; Committee defended as compliant with PA 02/0712 conditions and policies.
Precedent Value
Demonstrates floodplain development viable with robust 1:100yr protection/modelling and authority approval; prioritises technical evidence over local opposition; allows plot-by-plot progression on approved estates despite suspensive conditions.
