7 September 2007 · Applicant (Mr & Mrs Morris) via letter/fax to Secretary, Planning Committee
Field 434035, Malew Road, Castletown, Isle Of Man, IM9 4ea
The site is a field between an access lane from Malew Road to Malew Football Club and bordering the steam railway, adjacent to Gardenfield dwelling and properties on Malew Road. The proposal was for three identical dormer bungalows with 5 bedrooms each, brick finish, integral garages, positioned outside the Airport Pub…
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No formal decision was made as the application was withdrawn by the applicant on 5 September 2007 after reviewing the officer's report recommending refusal.
Development of the Gardenfield site (Area L)
Draft Castletown Area Plan brief limits to maximum two single-storey dwellings outside PSZ, in generous gardens reflecting Gardenfield character, with access improvements. Officer assessed proposal fails as three dormer bungalows are cramped, not single-storey, exceed number, identical design not reflecting character.
Environment Policy 42
Strategic Plan requires new development in settlements to reflect locality character/identity in buildings/landscape. Proposal's identical dwellings, cramped layout, poor orientation (living rooms facing adjacent properties ~6m away) fail to reflect spacious Gardenfield character.
General Policy 2
Strategic Plan permits development per Area Plan zoning/briefs. Officer applied to require accordance with draft brief; three dwellings breach maximum two, tipped to refusal.
Do not oppose subject to condition on access lane widening to 4.1m minimum
No objection subject to conditions on public sewer connection, no surface water to foul sewer
No objection; recommend smoke detection per Building Regs
Note on water supply connection required
Note on working practices around existing supplies
No objection if satisfies caveats, outside PSZ, efficient land use per Strategic Policy 1(b)
No objections; designed outside revised PSZ
Multiple consultees including utilities, fire service, drainage, and individuals provided responses to application 07/01251/B for erection of three dwellings, with most raising no objection subject to conditions on drainage, water, electricity, fire safety, and site-specific assurances.
Key concern: The area is not zoned for development
Andrew Jessopp
ObjectionThe area is not zoned for development.; I would suggest this application is premature.
Isle of Man Water Authority
Conditional No ObjectionSee Note (1)
Conditions requested: 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, tel. 69 59 58
Andrew Jessopp
No Objectionprovided that the proposals within this application satisfy those caveats and none of the dwellings lie within the PSZ then I have no objection to the application.
Alex Fairbairn
Conditional No ObjectionI have no objection to the erection of the houses but would request assurances from the applicant on the following
Conditions requested: After removal of the wall to improve access to Malew Road the walls of Irwell garden to be correctly finished and any damage to be reinstated; the surface level and drainage/kerbing etc will ensure that water does not flood into the garage and/or the rear access to Irwell
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 public sewer in a manner acceptable to the Department of Transport Drainage Division and on terms and conditions, which must be agreed with the Division prior to the commencement of any building works; There must be NO discharge of surface water (including that from roofs and paved areas) from this proposed development to any foul drainage system(s); The applicant is to contact the Drainage Division to discuss the point of connection to the Public Foul Sewer for each of these proposed dwelling before commencing any work on site
Manx Electricity Authority
Conditional No ObjectionSee Note 1
Conditions requested: the applicant must contact the Authority; Contact our Network Operations Department, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site; Contact the M.E.A. for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site
Isle of Man Fire and Rescue Service
Conditional No ObjectionApplicant to consult with Fire Safety Department
Conditions requested: Applicant to consult with Fire Safety Department with regard to type and number of fire hydrants and access for fire appliances; 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
The first appeal concerned PA 05/92421 for erection of three dwellings on a site designated as Development Area 5 in the Arbory and East Rushen Local Plan, initially approved by the Planning Committee on 14th March 2006 subject to conditions addressing drainage, access, and utilities. Appellants (local residents) argued the density exceeded the local plan's estimated 5 dwellings and was not in keeping with adjoining Bradda View development, citing narrow plots, inappropriate house designs, drainage issues, and highway concerns. The inspector found the proposed density and architectural character contrary to the local plan brief, with cramped layouts, overlooking, and environmental issues, recommending reversal of the approval. The second appeal (PA06/1068/B) against approval for 49 dwellings plus a Commissioners Office in Laxey was allowed by the Minister on 14th May 2007, agreeing with the inspector's findings of excessive density beyond the Area Plan's 'around 70 dwellings' yield and adverse impacts on neighbouring living conditions.
Precedent Value
Appeals demonstrate inspectors give substantial weight to adopted local plan density estimates and development briefs, even against emerging strategic plans or technical consents; exceeding yields by 2x+ undermines plan credibility, especially post-public inquiry. Future applicants must strictly align with site-specific briefs on density/style, using immediate context like adjoining estates.
Inspector: John S Turner
