6 February 2006 · Delegated - Director of Planning and Building Control (M. I. McCauley)
21, Poachers Pocket, Ballasalla, Isle Of Man, IM9 3dd
The proposal is for a bungalow on an undeveloped plot within a larger residential estate approved under PA 02/0712 after appeal. The design matches the previously approved footprint with rooflights in the roof pitches but no dormer windows, positioned on the northwestern edge looking towards woodland to avoid overlooki…
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The officer assessed the proposal against the outline permission PA 02/0712 approved on appeal, noting the bungalow matches the approved footprint (drawing 0210/PL1021) and is single-storey with roofl…
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 as shown in drawing reference 0210/PL1021 received on 11th November, 2005.
Sewer connections
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. (In particular the Drainage Division must be advised of the commencement of work on site. All drainage works must conform to the requirements of the WRc's "Sewers for Adoption" [5th Edition] and all necessary inspections/surveys [including CCTV] are to be carried out at the developer's expense. It is also a legal requirement under the Sewerage Act 1999 that the Department of Transport (as the Drainage Authority) be advised in advance, of the date of connections of each dwelling to the public sewer. Note: Communication fees will be payable to the Department of Transport in respect of these drainage connection(s). Note: The Drainage Division requires "as built" drawings of the development once it has been completed.
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. All drainage works must conform to the requirements of the WRc's "Sewers for Adoption" [5th Edition] and all necessary inspections/surveys [including CCTV] are to be carried out at the developer's expense. The Drainage Division must be given three days' notice before such inspection is required.
Silverburn River designation
No development, including site clearance shall take place in pursuance of the consent hereby granted until such times as the main river designation of the Silverburn River pursuant to the provisions of the Land Drainage Acts has been extended to incorporate the flood alleviation and mitigation measures shown on URS Drawings 47445-006-787 Figures 5, 6, 7, 8 and 11 (submitted in respect of PA 02/0712) to the satisfaction of the Planning Authority in consultation with the Department of Transport.
Flood protection measures
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 for occupation
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 to the satisfaction of the Planning Authority after consultation with the Highway Authority.
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 to the satisfaction of the Planning Authority and so shall thereafter be retained.
Penultimate dwelling restriction
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 after consultation with the Highway Authority.
No permitted development
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval.)
Tree protection
Prior to the commencement of works on site, including site clearance, those existing trees on site whose removal was not authorised by the approval granted in respect of PA 02/0712, must be adequately protected against damage during the course of construction, in accordance with the recommendations contained in BS 5837 (Section 8). The area between the trunk of each tree and the fencing shall thereafter be referred to as the Protected Area. After the completion of the development works the Protected Area must remain free from excavation or the deposit of materials.
Landscaping scheme
No development may commence until there has been approved by the Planning Authority a scheme of landscaping which includes an indication of all existing trees and hedges within the site and details of any to be retained together with measures for their protection during the course of construction.
Landscaping implementation
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Archaeology notification
The Manx Museum and National Trust must be informed of the date when building work is to commence and be given access at all reasonable times, and reasonable opportunity to inspect the site, observe all excavations and investigate any archaeological features exposed.
Pre-commencement site meeting
Prior to the commencement of development the applicant/developer shall convene a site meeting with the contractor and relevant officers of the DLGE and other Government Departments to agree how the works are to be undertaken in accordance with the approved plans and conditions.
Flood details approval
Prior to the commencement of any building works, further details including where appropriate, the precise location, construction, elevation and cross sectional details of the proposed flood protection bund and wall and surface water attenuation tank must be submitted to and approved by the Planning Authority.
Site boundaries
No development associated with the proposed dwelling (including guttering and foundations) may be carried out on, over or under land which is not part of the defined site.
no adverse traffic impacts
no objection subject to conditions on sewer connections, no surface water to foul sewer, and inclusion of flood measures from PA 02/0712
recommends smoke detectors
no objection subject to standard water supply note
Mixed responses with no objections from utilities, highways, and drainage (with conditions), but objections from Malew Parish Commissioners on design grounds and fire service recommending smoke detection.
Key concern: size, style and quality of the proposed dwelling out of keeping with neighbouring properties
IoMWA Water Supply
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: 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
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; 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 Division
No ObjectionNo adverse traffic impacts.; The access and traffic generation previously approved for planning application 02/00712/B.
Isle of Man Fire and Rescue Service
No CommentThe installation of mains wired, interconnected domestic smoke detection conforming to BS 5446 : Part 1 : 2000, and installed to conform with BS 5839 : Part 6 : 1995, is recommended
Conditions requested: The installation of mains wired, interconnected domestic smoke detection conforming to BS 5446 : Part 1 : 2000, and installed to conform with BS 5839 : Part 6 : 1995, is recommended in accordance with Section 1 of the Building Regulations 2000 – Approved Document B
Malew Parish Commissioners
ObjectionThe Commissioners wish to notify you that they object to this Planning Application 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 05/92163/B for erection of a dwelling on plot 21 of an approved residential development at Poachers Pocket, Bridge Road, Ballasalla was permitted by the Planning Committee on 02.02.2006. Malew Parish Commissioners lodged appeal AP06/0027 against this approval. The appeal process involved notification to parties and a request for written statements, with potential for an inquiry. No reasons for the parish's appeal are stated in the documents. The appeal was withdrawn on 26th April 2006, so the Planning Committee's approval decision stands.
Precedent Value
This appeal sets no substantive precedent as it was withdrawn early; future applicants can note that parish objections to approvals can be lodged but may not proceed if withdrawn.