24 May 2005 · Planning Committee on Review
Poachers Pocket, Bridge Road, Ballasalla, Isle Of Man, IM9 3da
The proposal involves building one single-storey dwelling each on plots 3 and 5 within an approved 22-plot residential estate layout at the former Poachers Pocket site. Each dwelling features a pitched roof at 35 degrees with three rooflights facing adjacent plots within the estate, finished in render with stone quoins…
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The Planning Committee considered the proposal compliant with condition 12 of parent approval PA 02/0712/B, which requires dwellings to be 'generally of a single storey height' with dormers not causin…
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This permission relates to the erection of a dwelling each on plots 3 and 5 as shown in drawing 0210/PL1005 received on 9th March, 2005.
Sewer connection
The proposed development must be connected to the proposed sewers approved under PA 02/0712 and in a manner acceptable to the Department of Transport's Drainage Division and on terms and conditions which must be agreed with the Division PRIOR to the commencement of any building works...
No surface water to foul sewer
There must be no discharge of surface water to the main foul sewer.
Sewer diversion
The proposed diversion of the existing public sewers which cross the site, must be carried out in terms and conditions which must be agreed with the Drainage Division prior to the commencement of any works...
River designation extension
No development, including site clearance shall take place... until such times as the main river designation of the Silverburn River... has been extended to incorporate the flood alleviation and mitigation measures shown on the URS Drawings...
Flood bund prior to building
Following the clearance of the site and prior to the commencement of any building works, the bund, flood protection and flood alleviation and mitigation measures specified in conditions 2 and 6 (of PA 02/0712) must be constructed on site to the satisfaction of the Planning Authority.
Estate road junction
No other work shall be commenced on site until the estate road junction with the A7 adopted highway, including visibility splays where required, has been set out and established to the satisfaction of the Planning Authority after consultation with the Highway Authority.
Estate road to base course
The dwelling hereby approved may not be occupied until the estate road has been constructed to at least base course level, adequately lit from the junction of the A7 adopted highway up to the access to the dwelling...
Parking provision
Prior to the occupation of the dwelling hereby approved, the proposed parking facilities associated with the dwelling must be provided in accordance with the approved drawing...
Penultimate dwelling road completion
No works may commence upon the penultimate dwelling on the site until the estate road has been completed to the satisfaction of the Planning Authority...
No permitted development
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 1982... no greenhouses, walls, gates, fences, garden sheds, garages or tanks... without prior written permission.
Tree protection
Prior to the commencement of works on site, including site clearance, those existing trees... must be adequately protected... in accordance with BS 5837 (Section 8).
Archaeology notification
The Manx Museum and National Trust must be informed of the date when building work is to commence and be given access...
Landscaping scheme
No development may commence until there has been approved by the Planning Authority a scheme of landscaping...
Planting maintenance
All planting, seeding or turfing... must be carried out in the first planting... Any trees or plants which... die... must be replaced...
Pre-commencement site meeting
Prior to the commencement of any building works, the applicant/developer shall convene a site meeting...
Flood details approval
Prior to the commencement of any building works, further details... of the proposed flood protection bund and wall and surface water attenuation tank must be submitted to and approved...
Site boundaries
No development associated with the proposed dwelling... may be carried out, on, over or under land which is not part of the defined site.
no objection subject to conditions
no objection subject to conditions
no objection, recommends smoke detection
no objection
Statutory consultees from Highways Division and Drainage Division raised no objections subject to specific conditions on access, parking, drainage connections, and flood defence measures; Isle of Man Water Authority requested water connection coordination.
Department of Transport Highways Division
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.
Department of Transport Drainage Division
Conditional No ObjectionNO OBJECTION In principle subject to:
Conditions requested: The proposed dwellings 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.; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Department of Transport Drainage Division and the Sewerage Act 1999.; The conditions relating to the flood alleviation and mitigation measures attached to planning application 02/0712/B be included in any subsequent approval on this planning application.
Isle of Man Water Authority
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, but subject to:
Conditions requested: The 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.; There must be 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 to any subsequent approval, ensuring that no work may commence on these dwellings until such time as the main river designation of the Silverburn River is extended; the conditions relating to the flood alleviation and mitigation measures attached to planning application 02/0710/B be included
The original application for erection of 22 dwellings, roads, sewers, vehicular access and flood alleviation measures on the Poachers Pocket site was refused by the Planning Committee but approved on appeal following a public inquiry. Appellants (Malew Parish Commissioners and local residents) argued procedural defects in advertisement and plan changes, inadequate flood protection, highway safety risks, tree loss, ecology harm, and policy non-compliance. The inspector rejected procedural claims, finding no prejudice, and concluded highway access met standards with perfect visibility per DOT, flood measures adequate for 1:100 year events plus climate change via bund/wall/excavations per modelling, minimal tree loss mitigable, and no significant ecology harm. Policies in 1982 Development Plan (Predominantly Residential Use) supported integration; draft plan policies met via assessments. Appeal dismissed with conditions ensuring implementation; separate appeal statement (AP 2664: PA 05/0455/B) for dwellings on plots 3/5 approved by Committee, defended on prior estate approval basis.
Precedent Value
Demonstrates floodplain development viable with robust 1:100+ modelling, government approvals, and maintenance conditions despite history; future applicants should prioritise DOT/Drainage buy-in early, use unchallenged models, and refine per prior inspector critiques.
Inspector: David G Hollis
