2 July 2007 · Planning Committee
Land Abutting Peel Road Opposite The Braddan Church Junction, Peel Road, Braddan, Douglas, Isle Of Man, IM4 4lb
The proposal was for approval in principle to erect three dwellings on the northern part of a site zoned as open space, with associated roads and sewers, accessed from a new vehicular entrance created by recent Department of Transport highway works including a mini-roundabout.
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The Planning Committee declined the officer's recommendation for approval, refusing on grounds that the Draft Braddan Plan had been withdrawn, the land is not zoned for development under the adopted B…
Planning Circular 6/91 (Braddan Parish District Local Plan Written Statement)
Zoned site as Open Space; development contrary to adopted policies protecting open space from residential development. Officer noted changed circumstances (highway works, access creation) warranted reconsideration but Committee upheld strict zoning adherence.
Do not oppose (post-amended plans with turning head)
No objection, subject to Part M Building Regs, dropped kerbs, tactile paving
Comments received (no objection stated)
Comments received (no objection stated)
Minimum 8m from watercourse to development; comments received
Important to retain trees along road/riverside, protect bat area and planned planting; recommend tree protection conditions; note Japanese knotweed
Braddan Parish Commissioners objected due to lack of zoning and access issues on the TT course; several other consultees and objectors raised concerns about site constraints, zoning, ecology, heritage, and utilities, while utilities and some statutory bodies requested standard conditions.
Key concern: area was not zoned for the erection of buildings and access onto main road inside TT course
Braddan Parish Commissioners
ObjectionThe Commissioners would recommend to the Planning Committee that there are material planning reasons to object to the principle and detail of the application as submitted as the area was not zoned for the erection of buildings and the only access to the proposed dwellings was onto the main Douglas to Peel road and on the inside of the TT course.
Isle of Man Water Authority
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 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
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application.
Conditions requested: condition of planning be that the applicant must contact the Authority; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application; Contact our Network Operations Department, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines
DAFF Inland Fisheries
Conditional No ObjectionDevelopment must be a minimum distance of 8 metres from the watercourse in order to minimise the risk of damage or disturbance to the river banks and river bed.
Conditions requested: Development must be a minimum distance of 8 metres from the watercourse; full protection measures are in place at all times during construction works to safeguard the River Dhoo from run-off and sedimentation; contact the Inland Fisheries Section to discuss method statements prior to commencing work
DAFF Wildlife Conservation
Conditional No ObjectionThis site lies across the road from a bat roost and many species of bat use this area. The trees are very important and there have been numerous trees removed in recent years.
Conditions requested: conditions covering tree protection; trees are retained where possible, along the road and the riverside; account is taken to protect the planned tree planting agreed to mitigate the loss of trees required by the building of the roundabout; Japanese knotweed... should not be disturbed unless it is to remove it following the DAFF guidelines
Disability Access Office
No CommentThe dwelling should be built under the Part M Building Regulations, which means built to be accessible for everyone including disabled people.
Conditions requested: dwelling should be built under the Part M Building Regulations; appropriate dropped kerbs at all road junctions and that appropriate tactile paving is provided; Dropped kerb crossing places should also be provided at various points along any road; clear delineation line between pavement and road to assist people with sight impairment if ‘shared surface’ option is used; 5% should be designated disabled parking where common parking is to be provided
Society for the Preservation of the Manx Countryside & Environment
ObjectionThe Society STRONGLY OBJECTS on the grounds of lack of information.; Development here seems to be supported by the Braddan Local Plan, which was prepared in draft, and is now formally withdrawn. The Society's view that such an incomplete and discredited document should have no status whatsoever in Development Control issues.
The original application (07/00486/A) for approval in principle for three dwellings with access and services on land at Braddan Bridge, part of Ballafletcher Cottage, Braddan, was refused by the Planning Committee despite officer recommendation for approval, citing non-zoning for development and prematurity pending a new local plan. Appellant argued changed circumstances from highway works, compliance with Strategic Plan housing policies, and validity of draft Braddan Plan allocations. The inspector found the site contributes significantly to local amenity, particularly views from Kirk Braddan and Heritage Trail, and development would harm character and conflict with General Policy 3 and open space policies despite restoration planting. Prematurity reason was dismissed as unnecessary. The appeal was dismissed on 10 October 2007.
Precedent Value
This appeal reinforces strict adherence to adopted zoning, particularly open space on settlement edges with visual amenity value; changed circumstances like infrastructure works or outdated plans insufficient without overriding benefits; future applicants must demonstrate no actual harm beyond policy conflict.
Inspector: Andrew D Kirby RD* MA MSc FRTPI
