30 July 2007 · Director of Planning and Building Control (M. I. McCauley)
The Beeches, Lezayre Road, Ramsey, Isle Of Man, IM8 2ta
The proposal involved building a pitched roof bungalow measuring 7.2m long, 12.3m deep, and 5m high, plus a detached garage, on vacant land partly former garden and partly former public footpath, adjacent to existing bungalows on Lezayre Road in a residential area.
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The officer assessed impact on neighbouring bungalows The Beeches (applicant's family property) and Lochaber, finding no significant loss of light or overbearing effect due to single-storey height (5m…
Backland Development and Development in the Grounds of Houses
Requires general presumption against backland development and development within grounds of large well-landscaped houses with ample tree coverage. Officer assessed site not as backland (follows front/rear building lines of Lezayre Road dwellings) nor well-landscaped (only three boundary trees licensed for removal by DAFF, no hedgerows/bushes), so policy not engaged.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to the submitted documents and drawing 02 all received on 24th April 2007.
Turning facility
In the interest of road safety an on site turning facility shall be provided within the vicinity of the parking areas.
Materials approval
Prior to the commencement of any works, there must be submitted to and approved by the Planning Authority, samples of the external finishes of the proposed dwelling and garage.
Do not oppose subject to on-site turning facility condition
recommends mains wired smoke detection (informative note)
no comment on merits; note for single dwelling water connection
Multiple consultees responded to application 07/00797/B for a bungalow with detached garage adjacent to The Beeches, Lezayre Road, Ramsey; objections from Andrew Jessopp and Ramsey Town Commissioners on planning policy, overdevelopment, and backland issues, while Highways, Water Authority, Fire Service, and SPMC&E raised no objections with some conditions.
Key concern: over-intensive use of the site resulting in a building with little private amenity space and contravention of Policy R/E/P3 against backland development
Andrew Jessopp
ObjectionI suggest that the application is refused without prejudice to a fresh application that addresses these shortcomings.
Society for the Preservation of the Manx Countryside & Environment
No ObjectionProviding this rather remote ‘Garage’ is not going to morph into a new dwelling in the countryside, the Society will NOT OBJECT. Infill in built up area but we are alarmed at the prospect of losing 5 elm trees.
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
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, Highways Division
Conditional No Objectionfinds your proposal acceptable subject to the following criteria being met
Conditions requested: The access on to Lezayre Road should be widened to 6 metres to facilitate the two way flow of traffic using this access.; The two pillars and walls fronting Lezayre Road should be lowered to no more than 1 metre in height to facilitate adequate visibility.; Parking requirements for the proposed dwelling shall comply with Manx Roads 1.; An on site turning facility should also be provided for each dwelling to ensure vehicles exit the site in a forward gear.; An on site turning facility shall be provided within the vicinity of the parking areas.
Ramsey Town Commissioners
Objectionthe Commissioners ... have resolved to Object to the proposal for the following reasons
Isle of Man Fire and Rescue Service
Conditional No ObjectionConditions 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
The original planning application 07/00797/B for erection of a bungalow with detached garage at Land Adjacent To The Beeches, Lezayre Road, Ramsey was permitted by Ramsey Town Commissioners. The appellant, Philip Morris as Chief Technical Officer for Ramsey Town Commissioners, lodged an appeal under Article 8 of the Town and Country (Development Procedure) Order 2005 on 1 August 2007, agreeing to written procedure with site visit. Administrative notices were sent to parties including Highways Division (interested party) and Fire Service (not interested party). No appeal arguments or inspector's analysis were presented as the appeal was withdrawn on 17 August 2007. The withdrawal notice confirmed the original approval decision stands.
Precedent Value
This case demonstrates that appellants (including local authorities) can withdraw appeals at early stages under the Town and Country Planning (Development Procedure) Order 2005, allowing original decisions to stand without inspector involvement. Future applicants should note administrative timelines and rights of interested parties like highways authorities.
