5 October 2006 · Minister for Local Government and the Environment
Fields 612376 - 612415 - 612416 Adjacent To All Saints Park Off, Lonan Church Road, Laxey, Isle Of Man, IM4 7lg
The proposal involved building 49 houses of varying types (mix of render, full brick and half brick), a small Commissioners Office, open space including kickabout facilities, roads and sewers on 2.53 hectares of sloping fields zoned for residential use in Area 17 of the Laxey and Lonan Area Plan 2005.
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
The Minister refused following the Planning Inspector's report, which found the proposal did not comply with the Laxey and Lonan Area Plan 2005.
Policy L/RES/PR/12 - Land adjacent to Ballacannel - Area 17
Requires mixture of house types/densities decreasing north-eastward to match existing near Langdale; variety in designs/materials avoiding light colours; landscaping to soften western edge; full sewer details; useful children's play space; at least 20m separation from existing rears accounting for extensions; no access from Croit-e-Quill Road. Officer found compliance via decreasing density, spacing (e.g. 10m Plot 40-Langdale acceptable by orientation), landscaping/cul-de-sacs, drainage details, open space post-consultation, no Croit-e-Quill access. Inspector disagreed: total density (92 vs 70) too high; Plot 40 fails 20m test due to levels/domination; small plots inadequate for low-density intent.
Do not oppose subject to condition
No objection subject to condition
Generally supportive of development, layout and design acceptable, office beneficial, but assure infrastructure
General comment, consult on fire precautions
General comment, consider disabled access
Multiple local residents strongly object to the Phase 2 residential development citing overdevelopment, violation of prior planning conditions, inadequate infrastructure, loss of open space, traffic issues, and inappropriate Commissioners Office; Lonan Parish Commissioners offer …
Key concern: existing infrastructure of roads, sewers and other services may not cope with new households
Lonan Parish Commissioners
Conditional No Objectionseek assurances from DoLGE and DoT that the existing infrastructure of roads, sewers and other services can cope satisfactorily; Phase 2 should be provided with generous Public Open Space to make up for the deficiencies which are all too apparent in Phase 1; we have argued for robust, purposeful landscaping with no 'spaces left over' which are difficult to maintain
Conditions requested: assurances from DoLGE and DoT that infrastructure can cope; detailed landscaping scheme with high quality intensive tree planting around perimeter and shelter belts; fenced level pitch and informal play area as public open space, with Commissioners willing to maintain; footpaths satisfactory subject to detailed landscaping
The original application PA 06/01068/B for 49 dwellings, Commissioners Office, roads and sewers on fields in Area 17 (zoned predominantly residential in the Laxey and Lonan Area Plan 2005) was approved by the Planning Committee on 5th October 2006. Local residents (Mr B W Edgerton, Mrs A Oldroyd, Mr J D Corfe and others) appealed, arguing the 92 total dwellings (with prior Phase 1 of 43) exceeded the Plan's 'around 70' indicative yield, failed to meet Policy L/RES/PR/12 criteria (e.g. density decrease, 20m separations), and raised concerns over infrastructure, traffic, sewage, ground conditions and the office use. The applicant (Jackson Homes) and Planning Officer defended compliance with the policy brief, noting 'around 70' was indicative, liaison with authorities, and acceptable impacts. Inspector John S Turner found the proposal breached the Plan's yield and specific criteria (density, spacing for Plot 40 to 'Langdale'), adversely affecting residential amenities due to overbearing impacts and small plots; highways and drainage were acceptable. The appeal was allowed on 28th March 2007, overturning the approval.
Precedent Value
This appeal sets precedent that recently adopted Area Plan indicative yields ('around/likely to yield') and development briefs carry substantial weight, limiting flexibility for overprovision even on zoned land; Inspectors will rigorously assess all brief criteria (e.g. spacing 'at least 20m') and amenity via site visits, rejecting proposals undermining Plan credibility soon after adoption. Future applicants must propose densities strictly within yields, prove full brief compliance, and anticipate third-party challenges succeeding on quantum/amenity.
Inspector: John S Turner
