29 November 2007 · Delegated - Director of Planning and Building Control (M. I. McCauley)
Silverbeech, Glen Road, Colby, Isle Of Man, IM9 4hw
The site at Silver Beech, Glen Road, Colby, currently holds a dilapidated hipped-roof bungalow with outbuildings, located in a residential area between two-storey Glen Arm to the east and modern Ballachrink estate bungalows to the southwest.
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The officer noted the proposal was more modest in appearance and massing than the previously refused scheme (PA 06/0941), reduced by 1.5m in height with gable-ended rather than hipped roof, making it …
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 construction of a replacement dwelling and new garage as shown in the front and rear elevations and floor plans for the main house and garage plans all received on 11th September, 2007 and the side elevations of the main house as received on 24th October, 2007.
Roof materials
The roof must be finished in dark grey slate-coloured tiles.
No permitted development
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval).
Surface water drainage
There must be no discharge of surface water to the main foul sewer.
Foul sewer connection
The proposed development must be connected to the main foul sewer.
Frosted glass (appeal addition)
The first-floor windows in the Eastern gable must be glazed with frosted glass, which must be retained as such thereafter.
no objection subject to conditions
do not oppose, subject to condition (visibility splay not attachable)
note received on water supply connection
see notes (fire precautions)
no further comments on amended plans
Statutory utilities consultees (Isle of Man Water Authority and Department of Transport Drainage Division) raised no objections subject to standard drainage and water connection conditions; Arbory Parish Commissioners objected due to the over-bearing size and mass of the proposed building.
Key concern: size and mass of proposed building over-bearing in relation to nearby dwellings
Isle of Man Water Authority
Conditional No ObjectionFor single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49
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
Department of Transport Drainage Division
Conditional No ObjectionNo Objection in principle, subject to the following conditions; a communication fee will be payable to the Department of Transport in respect of this property being connected (directly or indirectly) to the public drainage system
Conditions requested: The proposed dwelling must be connected to the public sewer(s) 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' and all necessary inspections/surveys [including CCTV] are to be carried out at the developer’s expense; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Department of Transport Drainage Division and the Sewerage Act 1999; Under section 4(3) of the Sewerage Act 1999 the applicant must give 21 days notice, in writing, to the Drainage Division, prior to making any communication to the public sewer
Arbory Parish Commissioners
ObjectionIt is felt that the size and mass of this proposed building on this site would make it over-bearing in relation to existing nearby dwellings.
The original application 07/01687/B for demolition of the existing bungalow and erection of a replacement dwelling and garage was permitted by the Planning Committee despite neighbour objections. Neighbours (Dr Jill Bunyan & Mr Gary Kelly of Glen Arm, plus others from Ballachrink) appealed, citing loss of light, overbearing impact, overlooking, tree removal, and out-of-character design. The applicant responded with evidence of light not being primarily from the west, tree retention plans, comparable neighbouring properties, and modifications addressing prior refusal. The Planning Committee defended the approval, noting a more modest design than the previously refused scheme (PA 06/0941), reduced height acting as a 'stepping stone', and no overlooking via frosted glass. The Inspector assessed residential amenity and character, finding the proposal acceptable due to modifications, adequate separation, and compatibility with local variety; recommended appeal failure with an additional frosted glass condition. The recommendation was agreed, upholding permission.
Precedent Value
This appeal shows that amendments addressing prior refusals (e.g. reduced scale, privacy glazing) can overturn neighbour objections even in sensitive residential edges. Future applicants should provide photographic/light analysis evidence and leverage approved comparables to prove context compatibility.
Inspector: G Farrington
