24 June 2005 · Planning Committee (confirmed on review)
Burnside, Pound Road, Santon, Isle Of Man, IM4 1ew
The proposal sought approval in principle to erect a new dwelling with garage behind the existing 'Fernlea' bungalow on a site with frontage to Pound Road, a narrow unmade lane off the main A5 Castletown Road. The site is designated 'white' land within an Area of High Landscape Value and Scenic Significance.
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The Planning Committee distinguished this proposal from prior approvals (PA 02/1278, 00/0912) which permitted a replacement dwelling for 'Fernlea' assuming its demolition and removal of its unsafe A5 …
no adverse traffic impacts; no more traffic than already approved in PA 02/1278
no objections
no objections
Santon Parish Commissioners object to the application due to crowding, traffic concerns, and prior approval conditions; IoMWA requests a standard water connection condition; SPMC provides no comment; Highways Division previously objected but makes no further representation.
Key concern: original approval entailed demolition of existing dwelling, not permitting a second new dwelling
SPMC
No Comment05/00755/A | Approval in principle for the erection of a dwelling with garage, Land Adjacent To And To The North East Of Burnside Pound Road | SANTON
IoMWA
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; For single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49
Santon Parish Commissioners
ObjectionThe Commissioners have considered this application at their recent meeting and I am directed to object as follows:; The Commissioners seem to remember that the original approval for a new dwelling on this land entailed the demolition of an existing dwelling and it is not thought acceptable to now permit a second dwelling in the vicinity.; An extra dwelling here would be seen as 'crowding' the dwellings Fairways and Fernlea by the main road with a 'presence' above and would be undesirable infill.; It is not suitable that there should be increased traffic movements from Pound Road into the A5 and by northbound vehicles from A5 into Pound Road.; In view of the nature of Pound Road, should approval be granted, parking should be always be within the curtilege of the dwelling.
Conditions requested: should approval be granted, parking should be always be within the curtilege of the dwelling
Department of Highways, Ports and Properties
ObjectionObjection: The proposal would lead to a potential danger for all road users from the creation of a new access point.
Department of Transport Highways Division
No CommentThe Highways Division does not wish to make further representation to the forthcoming review, beyond the response in the letter dated 18 May 2005.
The original application PA 05/00755/A for approval in principle for a dwelling with garage was refused by the Planning Committee on 17 June 2005 and confirmed on review on 11 August 2005, primarily due to policy conflict in an Area of High Landscape Value, amenity issues with neighbouring properties, and highway concerns. The appellant argued the site qualified as infill within a cluster of 8 dwellings, drainage was resolved without needing Fernlea's land, previous approvals set precedent, and amenity impacts were minimal with no objections from neighbours. The inspector identified main issues as rural policy, living conditions, and traffic; found the proposal conflicted with current 'white land' policy prohibiting new dwellings (distinguishing it from prior replacement approval PA 02/1278/A), adversely affected living conditions due to close proximity and overlooking despite possible design mitigations, and accepted no overwhelming highway objections given Department of Transport's lack of objection. The appeal was recommended to fail on 5 January 2006 following a public inquiry on 8 December 2005.
Precedent Value
Appeals for additional dwellings in rural white land/AHLVSS will fail even in existing clusters if conflicting with strict no-new-dwellings policy, regardless of prior replacement approvals or housing need; distinguish clearly between replacement and additional proposals, as inspectors prioritise adopted policy over emerging/draft provisions or past officer comments.
Inspector: John S Turner