1 August 2008 · Minister for Local Government and the Environment following appeal Inspector's report
Garthcote, Ballakillowey Road, Colby, Isle Of Man, IM9 4bd
The proposal involved a single-storey rear extension (9.8m wide x 4.8m deep) to form an entrance hall, vestibule and toilet with matching slate roof and rendered walls, a side conservatory (4.2m x 4.5m) with pitched slate roof and low rendered walls, and a new vehicular access and driveway along the northern boundary o…
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The officer's report assessed the proposal against RES/P/1 (extensions in residential areas not generally opposed if appearance and impact acceptable) and General Policy 2 (development respecting site…
Residential Development within Development Area 1
Within residential areas, alterations/extensions to dwellings not generally opposed if judged on merits re appearance and impact on surroundings. Officer found extensions acceptable in design, scale and location; no adverse townscape impact.
General Policy 2
Permits development in zoning if respects site/surroundings (siting/layout/scale/design), no adverse amenity/highway effects, safe access/parking. Assessed compliant: extensions fit context, access safe with DoT approval, amendments mitigate neighbour amenity concerns near busy roads.
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 alterations and extensions to the dwelling and the creation of new access and parking area, all as shown in drawings AWT-02, -/03 and -/04 all received on 15th April, 2008 and AWT-01 received on 27th June, 2008.
Screen fence and driveway levels
Prior to the commencement of any development, details of the location and height of a screen fence along the boundary adjoining Cronk Glass, as well as the levels of the proposed driveway, shall be submitted to and approved in writing by the Planning Authority. The fence shall be erected prior to any use of the access and parking area as such.
no objections
do not oppose subject to visibility splay of 2m x 36m and contact for highway works
note received (smoke detection via Building Regs, not planning)
Rushen Parish Commissioners and Highways Division raised no objections with conditions on visibility splay and highway works coordination; Fire Safety Department recommended smoke detection; neighbour objections on noise and disturbance ignored as not statutory consultees.
Rushen Parish Commissioners
No ObjectionNo objections.
Highways Division
Conditional No ObjectionDo not oppose subject to the imposition of the following conditions
Conditions requested: A visibility splay of 2 metres by 36 metres shall be provided.; The applicant shall contact the Network Operations Section of the Department of Transport prior to carrying out any works within the highway, including the installation of dropped kerbs. Telephone 686665.
Fire Safety Department
Conditional No ObjectionThe installation of mains wired, interconnected domestic smoke detection conforming to BS 5466 : Part 1 : 2000, and installed to conform with BS 5839 : Part 6 : 1995, is recommended
Conditions requested: The installation of mains wired, interconnected domestic smoke detection conforming to BS 5466 : 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 application for extensions to the dwelling with new driveway and access onto the highway at Garthcote, Ballakillowey Road, Colby was permitted by the Planning Committee on 01.08.2008. Neighbour Mr R B Christian appealed, arguing the new driveway adjacent to his boundary would cause noise, disturbance, and affect his bedroom window. The Planning Committee defended the approval citing compliance with RES/P/1 and General Policy 2, no highway objections, and minimal additional disturbance near a busy road. The inspector found no significant harm to amenities, noting the site could be used similarly without permission, and recommended dismissal with an extra condition for a boundary fence and driveway levels. The appeal process used written representations with a site visit on 6 October 2008.
Precedent Value
This appeal shows neighbours challenging permissions (not refusals) face high bar; inspectors prioritise policy compliance and existing site potentials over speculative disturbance near highways. Applicants should proactively offer mitigations like screening to strengthen cases.
Inspector: David G Hollis
