1 February 2008 · Minister for Local Government and the Environment
Field 311788 Adjacent To Brickworks Entrance, Glenfaba Road, Peel, Isle Of Man, IM5 1dw
The proposal sought full approval for 21 houses - six semi-detached affordable units on plots 1-6 and 15 detached dwellings on a site designated as industrial but with established residential principle from prior approvals.
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The application was for reserved matters following prior approval in principle (PA 06/00394/A) for 21 dwellings despite industrial zoning; officer assessed against prior conditions and GP2 criteria li…
General Policy 2
Requires development according with area plan zoning (site industrial but residential principle approved), respecting site/surroundings in siting/layout/scale/form/design/landscaping, no adverse landscape/townscape impact, satisfactory amenity/access/parking, no road safety effect, services provision. Officer found mostly compliant except plot 17 'fair face' failure and plot 1 turning; appeal Inspector found compliant with conditions.
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 21 dwellings and associated roads, landscaping and sewerage all as shown in drawings 0700/PL12D received on 4 December 2007, 0700/PLO2, 03, 05, 06, 07, 10, 11 all received on 19 July 2007 and 0700/PL04B, 08B, 09B received on 23 October 2007, and the amended southern elevation of the house on Plot 17 as shown in the drawing attached as Appendix E to the Applicant's appeal statement submitted by MP Associates, Architects and Interior Designers.
Affordable housing scheme
No development may commence until such time as there is approved by the Planning Authority a scheme for the provision of six of the dwellings as affordable units.
Fencing and gating scheme
No development may commence until such time as there is approved by the Planning Authority a scheme for fencing and gating within the estate such that there is no fencing forward of the front building line to the estate road but so there is no unrestricted access from the front of each dwelling to the rear garden. The scheme shall be implemented as approved.
Traditional sod banking
All hedging/banking must be in the form of traditional sod banking in accordance with Planning Circular 1/92.
Site entrance visibility splays
No other development may commence until such time as the site entrance, complete with visibility splays, as shown in the approved drawings, where there shall be no obstruction to vision over 1m tall, is in place in accordance with the approved plans.
Access spur alignment plots 18-21
No development may commence until details of the precise alignment of the spur of the site access road serving Plots 18 to 21 have been agreed in writing by the Planning Authority in conjunction with the Highways Department and the works shall be undertaken as agreed.
Estate road construction
No dwelling shall be occupied until such time as there is in place a roadway which is fully made up and adequately lit from the junction with the A27 Glenfaba Road to the dwelling concerned.
Turning space plot 1
No development may commence on the dwellings on Plots 1 and 2 until such time as there is approved by the Planning Authority a scheme showing adequate space for the turning of vehicles within Plot 1 such that vehicles may enter and leave the site in a forward gear without having to encroach onto other private property and the scheme shall be implemented as approved prior to the occupation of the dwellings in question.
Plot 17 garage relocation
No development may commence on Plot 17 until such time as there is approved by the Planning Authority a scheme showing the relocation of the garage further from the southern boundary hedge and further planting introduced in the space between the boundary hedge and the garage and the scheme shall be implemented as approved.
Landscaping implementation
All planting, seeding and turflng comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following 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.
Materials approval
Prior to their use the Applicant shall submit samples or illustrations of the roof tiles, including details of their colour, to the Planning Authority for their approval and the work shall be undertaken using the approved materials.
properties on plots 1-6 appropriate for affordable housing under House Purchase Assistance Scheme
interest expressed; owns land alongside, concerned boundary integrity and waste/water disposal
recommend consultation on fire precautions
notes on water supply
notes on electricity supply and existing supplies
Isle of Man Water Authority requests standard water connection conditions and protection of water main; Police Architectural Liaison recommends security fencing conditions; Peel Town Commissioners offer no comment; public representations object on highways, boundary, lighting, landscape and policy grounds.
Key concern: water main susceptible to damage from construction vehicles
Isle of Man Water Authority
Conditional No ObjectionNote (5) A water main runs along the frontage of the property which may be susceptible to damage due to vehicles passing over it. The Applicant should contact the Water Authority to discuss protecting the main before construction work commences.
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; The Applicant should contact the Water Authority to discuss protecting the main before construction work commences; 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
Police Architectural Liaison Officer, Isle of Man Constabulary
Conditional No ObjectionSecured by Design recommends that boundaries between rear gardens and public areas within new developments are defined by the use of 1.8m tall fencing, and that gating between front and rear gardens should be to a similar height.
Conditions requested: boundaries between rear gardens and public areas within new developments are defined by the use of 1.8m tall fencing; gating between front and rear gardens should be to a similar height; fencing and gating should be to a minimum height of 1.5m to afford a suitable level of security and privacy; rear boundaries of plots 18–21 should also be to a similar height and this could be achieved through the use of a combination of fencing and trellising
Police Architectural Liaison Officer, Isle of Man Constabulary
Conditional No ObjectionI would therefore suggest that the recommendations made in my original letter are still pertinent and request that they be brought to the attention of the planning committee.
Conditions requested: recommendations made in my original letter are still pertinent
Peel Town Commissioners
No CommentNo comment on this application.
The original application 07/01465/B for reserved matters following outline approval 06/0394 was refused for two reasons: unacceptable appearance of house and garage on Plot 17, and inadequate turning space on Plot 1. The appellant argued that revised elevations addressed design issues, turning could be achieved within the plot or via adjacent land agreement, and impacts were minor compared to nearby nursing home. The council accepted revisions but sought conditions for garage relocation and turning provision. The inspector agreed all concerns could be resolved by conditions, found the principle established by prior permissions, dismissed third-party objections as not overriding, and recommended allowing the appeal with 12 detailed conditions including affordable housing, fencing, sod banking, access improvements, garage relocation, and landscaping.
Precedent Value
Demonstrates reserved matters appeals succeed where amendments address specific refusal reasons via conditions, even on non-conforming sites with prior outlines. Future applicants should proactively offer mitigations and secure off-site agreements early.
Inspector: Neil A C Holt
