24 May 2005 · Planning Committee (initial and review), confirmed by Planning Inspector (Kirby RIDI, report 13 February 2006)
20, Poachers Pocket, Ballasalla, Isle Of Man, IM9 3dd
The proposal is for a single-storey appearance dormer bungalow with ground floor living areas and roof space bedroom/store accessed by permanent stairs, featuring a rear dormer window and two rooflights, finished in render, timber porch and slate roof, on plot 20 within the centrally approved residential estate layout …
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The Inspector considered the main issues to be prematurity, overlooking/privacy loss, and impact on area character; found no prematurity as flood risks are secured by condition 6 of PA 02/0712/B preve…
Condition 12 of PA 02/0712/B
Requires dwellings generally single storey height; dormers not facing existing dwellings causing overlooking/excessive height; assessed compliant as dormer rear-facing within estate, no overlooking, height not excessive.
Condition 6 of PA 02/0712/B
No development until Silverburn main river designation extended to incorporate flood measures; secures prematurity concerns.
Building height and dormers
The proposed dwellings shall generally be of a single storey height. Any dormer windows constructed shall not be in those elevations facing existing dwellings around the site in a manner that would cause overlooking and loss of privacy or result in the height of the new dwellings to become excessive.
Flood alleviation precondition
No development including site clearance until main river designation of Silverburn River extended to incorporate flood alleviation/mitigation measures.
Landscaping scheme
Prior approval of landscaping scheme including details of existing trees/hedges and protection measures.
Tree protection during works
Trees to be retained protected against damage during construction including site clearance.
no objection subject to conditions
no objection, flood concerns covered by existing consent, same condition required
no objection subject to conditions/notes
no objection subject to conditions
Isle of Man Water Authority requests a standard water connection condition; Department of Transport Drainage Division offers no objection subject to sewer connection and no surface water to foul systems; DOT Highways offers no objection subject to estate road and parking conditio…
Isle of Man Water Authority
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes
Conditions requested: a condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws
Department of Transport Drainage Division
Conditional No ObjectionNO OBJECTION In principle subject to:; It is a legal requirement under the Sewerage Act 1999 that the Department (as the drainage Authority) be advised, in advance, of the date of the connection of this dwelling to the public sewer(s)
Conditions requested: The proposed dwelling 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. A Communication Fee will be payable; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s); the conditions relating to the flood alleviation and mitigation measures attached to planning application 02/712/B be included in any subsequent approval
DOT Highways
Conditional No ObjectionNo adverse traffic impacts, subject to the imposition of the following conditions
Conditions requested: The dwelling shall not be occupied, until the estate road has been constructed to at least base course level and adequately lit from the junction with the Bridge Road up to the access to the dwelling to the satisfaction of the Planning Authority after consultation with the Highway Authority; The dwelling shall not be occupied until the parking facilities and vehicular access have been completed to the satisfaction of the Planning Authority after consultation with the Highway Authority, and such facilities shall thereafter be so retained
The original application 02/0712/B for a residential estate layout of 22 dwellings on previously developed land at Poachers Pocket was approved by the Planning Committee on 20 July 2004 following a public inquiry (Appeal 2206), with conditions addressing flood alleviation, highway access, and single-storey height restrictions. Subsequent detailed applications for specific plots were approved, prompting third-party appeals claiming prematurity pending flood measures, overlooking from roof lights/dormers, excessive height, and inconsistency with prior refusals. The Inspector analyzed highway safety, flood risks (deemed secured by extant conditions), tree protection, ecology, and policy compliance, finding appellant concerns unsubstantiated based on professional evidence from DOT and DOLGE, refined flood modeling to 1:100 year standards plus climate change, and site observations. Appeals against plot approvals were dismissed as consistent with the outline permission, with no unacceptable overlooking or prematurity.
Precedent Value
Demonstrates robust technical flood/highway evidence can overcome floodplain objections on previously developed village land; plot details must align with outline conditions; consistency across similar appeals critical.
Inspector: Andrew D Kirby RD* MA MSc FRTPI (AP05/2671); prior Inspector unnamed (Appeal 2206)
