24 July 2007 · Planning Committee
Filed 411570 And Access Leading Thereto, Erin Way, Port Erin, Isle Of Man, IM9 6fh
The proposal involves building seven two-storey detached dwellings on a 1.1 acre undeveloped agricultural field between the existing Erin Way residential estate and the Isle of Man Steam Railway line, including a new access road off Erin Way, site levelling with fill material to enable gravity drainage, retaining wall …
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The site is designated Predominantly Residential on the adopted Port Erin Local Plan, creating a presumption in favour of housing as the logical infill/completion of the adjacent estate developed for …
Strix site designation
Designates site as Predominantly Residential; officer applied as presumption in favour, logical completion of estate without breaching limits to countryside.
General Policy 2
Requires amenity standards, efficient site use, landscaping/open space; officer found no overdevelopment, adequate parking/amenity, amendments provide transition without infill harm.
Provision for 6000 additional dwellings
Supports housing in designated areas to meet southern region targets; site uses existing infrastructure efficiently.
Recreation Policy 3
Scheme <10 dwellings so no requirement; existing estate exceeds standards including pond.
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 development of seven dwellings and associated landscaping, roads and sewerage all as shown in drawings 100 Rev A, 101 Rev E, 102 Rev E, 104 Rev B, 103 Rev H, 105, 106, 107, 108, ACND024 and 31549-200 Rev C all received on 27th April, 2007.
No surface water to foul sewer
There must be no discharge of surface water to the main foul sewer.
Connect to foul sewer
The proposed development must be connected to the main foul sewer.
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. All existing trees and hedges within the site to be retained must be adequately protected during the course of construction.
Do not oppose (notes on garage size)
No objection subject to conditions on sewer connections, no surface water to foul, adoption agreement, weir raise
Notes received (contact for water connections)
No objection
Multiple resident objections and Port Erin Commissioners objection citing visual impact, drainage, building line breaches, and landscape issues, countered by no objection responses from utilities (Isle of Man Water Authority, Department of Transport Drainage Division) and Fire Service with conditions.
Key concern: breach of established building line on plot 7 contrary to Planning Inspector's appeal recommendations
Port Erin Commissioners
ObjectionOpposed on the grounds the property on plot 7 breaches the established building line at the rear of the Erin Lane properties contrary to the Planning Inspectors recommendations following the appeal inquiry in respect of PA 05/910.
Isle of Man Water Authority
No ObjectionDo Not Oppose; For single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49
Conditions requested: 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
Department of Transport Drainage Division
Conditional No ObjectionNo Objection in principle, subject to the following conditions
Conditions requested: The proposed development must be connected to the foul and surface water sewers 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”; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s); If the developer requires the proposed sewers and associated drainage works to be adopted, the Division recommends that the developer enters into an adoption agreement with the Division prior to work commencing on site; Full construction drawings must be submitted to the Drainage Division for the proposed drainage works on this development before any work commences on site; Prior to any works commencing on site, the applicant is required to discuss with the Drainage Division the raising of the overflow weir level on the adjacent basin
Isle of Man Fire And Rescue Service
No CommentI RECOMMEND THAT THE APPLICANT CONSULTS THE FIRE SAFETY DEPARTMENT TO DISCUSS AND AGREE THE FIRE FIGHTING WATER SUPPLIES AND PROVISION OF FIRE HYDRAUTS TO THIS PROPOSED DEVELOPMENT.
Conditions requested: THE APPLICANT CONSULTS THE FIRE SAFETY DEPARTMENT TO DISCUSS AND AGREE THE FIRE FIGHTING WATER SUPPLIES AND PROVISION OF FIRE HYDRAUTS
The original application PA 05/00910/B for 8 dwellings was approved by the Planning Committee but refused on appeal (05/2709) due to inadequate landscaping along boundaries with open countryside and the intrusive house on plot 8. A revised scheme for 7 dwellings (PA 07/00836/B) addressed these by removing plot 8, repositioning houses, narrowing the access road for additional planting strip, and increasing south-eastern planting, leading to Planning Committee approval on 19 July 2007. Appellant Mr W Kelly argues the revisions are insufficient, with plot 7 still protruding, inadequate planting depth, inappropriate materials, missing Energy Impact Assessment, and light pollution risks. The applicant Heritage Homes contends the scheme fully resolves prior concerns, complies with Port Erin Local Plan residential zoning and IoM Strategic Plan, and previous Inspector accepted principle of development and drainage. Inspector's prior analysis found drainage acceptable but landscaping decisive against approval. Current appeal documents present arguments without final decision.
Precedent Value
Demonstrates need for substantial boundary planting (e.g. 10m+ strips) at rural estate edges adjoining High Landscape Value; minor layout tweaks insufficient if protrusion/visual harshness persists; technical authority (DOT) decisive on drainage over objector assertions. Future applicants should submit revised schemes via new applications for major layout changes like road shifts.
Inspector: David G Hollis (prior appeal)
