4 July 2008 · Planning Committee
Land Adjacent To, Knock Rushen House, Scarlett Road, Scarlett, Castletown, Isle Of Man, IM9 1ta
The proposal sought approval in principle to erect a detached two-storey dwelling in the garden of Knock Rushen House, a substantial property at the end of Queen Street in Castletown, for the owners' retirement needs as the existing house was too large.
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The Planning Committee refused against officer advice, finding the further dwelling would reduce amenity space and the landscaped setting of Knock Rushen House, causing detrimental impact on its appea…
General Policy 2
General development management policy cited by supporter. Officer weighed against site-specific impacts on house setting despite zoning support.
Energy Policy 2
Environment policy on landscape/coastline cited by objectors and supporter. Officer found site lacks woodland character; Conservation officer emphasized prominence and setting outside Conservation Area.
Environment Policy 42
Coastal protection policy cited by objectors. Officer distinguished single retirement dwelling from prior multi-unit refusals but Committee prioritized setting harm.
raise no objection subject to off street parking spaces provided
raise no objections subject to conditions regarding drainage
suspects site is Residential zoning with presumption in favour; questions compliance with STP3(b), GP2(b), ENP2(a), ENP42
Public representations object to the application citing policy breaches, visual impact, and access issues; DOT Drainage has no objection subject to drainage conditions; DOT Highways does not oppose subject to off-street parking provision.
Department of Transport Drainage Division
Conditional No ObjectionNo Objection subject to the following conditions; It is noted that the surface water from the property is to be discharged via a soakaway. The use of soakaways are subject to Building Control approval
Conditions requested: The proposed development must be connected to the public sewer(s). Full details of the foul and surface water disposal routes from this dwelling must be submitted as part of any subsequent detailed planning application.; 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) so as to comply with the requirements of the Department of Transport Drainage Division and the Sewerage Act 1999.; Written permission must be obtained from any third party property / land owners for permission to enter upon land outside the control of the applicant, before any connection is made into the existing foul sewer, full details to be supplied with any reserve matter application.
Department of Transport Highways
Conditional No ObjectionDo not oppose subject to the imposition of the following conditions
Conditions requested: Off street parking spaces are required to serve this proposal as set out in The Isle of Man Strategic Plan
The original application PA08/706/A for approval in principle to erect a detached dwelling within the grounds of Knock Rushen House, Scarlett, Castletown, was refused by the Planning Committee. The appeal was heard at a hearing by an appointed person whose report recommended allowing the appeal. The Minister considered the report, concurred with the conclusions, and accepted the recommendation to allow the appeal. The Planning Committee's refusal decision was reversed, and approval was granted subject to conditions set out in Annex A to the Inspector's report. Formal notice of approval was issued.
Precedent Value
This appeal demonstrates that a hearing process can successfully overturn a Planning Committee refusal when supported by the appointed person's report and Minister's concurrence, providing a pathway for approval in principle for new dwellings in existing grounds.
