24 July 2006 · Minister (via Chief Executive, accepting Inspector's recommendation after appeal dismissal)
Field 314758, Main Road, St Johns, Isle Of Man, IM4 3lx
The proposal sought approval in principle for plots, roads, and sewers for six low-density single-storey dwellings on three small fields to the west and south of the existing Balladoyne housing estate, south of the A1 Peel Road in St Johns.
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The site has been zoned for residential development since the 1982 Development Plan and specifically under Policy RES/P/1 of the St John's Local Plan 1999, with a development brief limiting it to six …
Residential Development within Development Area 1
Zones site for predominantly residential use; development brief limits to max 6 single-storey dwellings (no dormers); requires prior approval of plots/roads/sewers; temporary construction access off Peel Road (not estate); permanent access via Balladoyne; archaeological programme; low-density minimises amenity/visual impact on Tynwald. Officer/Inspector assessed proposal complies fully, with zoning established 1982/1999; temporary access shown; density/layout matches; conditions enforce brief.
Time limit for reserved matters
This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application.
Foul sewer connection
The proposed development must be connected to the main foul sewer. NOTE: A Drainage Connection Fee will be payable to the Drainage Authority on this development.
No surface water to foul sewer
There must be no discharge of surface water to the main foul sewer.
Archaeological layout and watching brief
Any subsequent application for detailed approval must indicate a layout which avoids the archaeological remains and include details of the archaeological watching brief to be undertaken.
Tree and hedge retention details
Any subsequent detailed application must contain details of the existing trees and hedges to be retained on site.
Construction traffic via temporary access
Construction traffic must use only the temporary access indicated on drawing no. 4043/2; this temporary access must be removed and the land over which it passes must be restored to its current condition within one month of the completion of building operations; details of this access and the arrangement must be included in the application for Reserved Matters.
Visibility and road widening improvements
The application for Reserved Matters must include details of the proposed improvements to the visibility at the junction of the Balladoyne Estate Road and Peel Road, and of the proposed estate road widening; these works must be completed prior to the occupation of any of the dwellings.
Single storey dwellings only
NOTE For the avoidance of doubt, any application for approval of Reserved Matters must indicate single storey dwellings with no dormer accommodation, in accordance with Policy RES/P/1 part (b) Development Brief.
Supports development; enhances estate/value; no privacy/view loss; low traffic; in keeping with bungalows; zoned land loss if refused
No particular objection; defer until full approval
No objection in principle; geophysical survey identifies prehistoric mound not keeill; layout avoids remains; require watching brief condition
No objection subject to public sewer connection, no surface water to foul, percolation tests for soakaways
No objection; completes zoned development; improves eyesore
SPMCE and Andrew Jessopp have no objection to application 06/00371/A as the site is zoned residential subject to archaeological protection; Manx National Heritage has no objection subject to conditions for archaeological watching brief; Department of Transport objects due to inadequate visibility splays; IoMWA requests water connection conditions.
Key concern: inadequate visibility splays on A1 Peel Road
SPMCE
No ObjectionSite zoned 'Residential' on St John's Local Plan subject to protection of Site of Archaeological Interest. Proposals appear to do this but it will be up to Manx Heritage to say whether this is adequate and to lay down Conditions. That apart, we see NO OBJECTIONS.
Conditions requested: Manx Heritage to lay down Conditions
Manx National Heritage
Conditional No ObjectionMNH wishes to inform the Committee that it has no objection to an approval in principle being granted, on the understanding that a detailed application would be for a similar density of development on a layout which similarly avoided the archaeological remains located by survey; We are also of the view that the applicant should retain an archaeologist to fulfil a watching brief during topsoil stripping
Conditions requested: Applicant should retain an archaeologist to fulfil a watching brief during topsoil stripping of those areas in which other archaeological features have been identified; Detailed application for similar density of development on a layout which similarly avoided the archaeological remains
Department of Transport Highways Division
ObjectionThe visibility splays proposed are inadequate to serve the needs of the proposed development. Department of Transport standards prescribe 2.0 metres by 90 metres are the minimum requirements.; The proposed widening of Balladoyne is a requirement of the Department of Transport to ensure a 4.8 metre wide road is provided
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: Condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes; For connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, the applicant should contact the IoMWA Planning and Projects Section
The original application (06/00371/A) for approval in principle for layout of roads, sewers and plots for six dwellings was permitted by the Planning Committee on 20 July 2006 despite objections. Local residents, led by appellant Mrs P Long, appealed citing highway safety, residential amenity, archaeology, flooding, and conflict with historic field patterns near Tynwald. The applicant and Committee defended the proposal based on long-established residential zoning under St John's Local Plan 1999 Policy RES/P/1 and compliance with the development brief. The inspector, after a public inquiry on 2 October 2006, upheld the zoning, found highway safety concerns mitigable via conditions including visibility improvements, and dismissed other issues as resolvable at detailed stage. The appeal was dismissed on 8 December 2006, confirming the conditional approval.
Precedent Value
This appeal confirms landowners' strong reliance on adopted local plan zoning, especially with site-specific briefs and prior consultations; future applicants should demonstrate full brief compliance and provide surveys/mitigations proactively, as conditions can address detailed concerns without derailing principle approvals.
Inspector: G Farrington
