2 March 2009 · Planning Committee
Field 314758, Main Road, St Johns, Isle Of Man, IM4 3lx
The proposal sought full approval for laying out six residential plots with internal roads and sewers on fields adjacent to Balladoyne Estate in St Johns, a site zoned for low-density housing in the St Johns Local Plan.
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The St Johns Local Plan (Planning Circular 6/99) requires construction traffic to use a temporary access not through Balladoyne Estate as the narrow roads are unsuitable for large vehicles and would h…
Residential Development within Development Area 1
St Johns Local Plan brief limits to 6 single-storey dwellings (no dormers); requires prior roads/sewers/plots approval including temporary construction access not through Balladoyne Estate (narrow/unsuitable); archaeological investigation; field 9378 only for adjacent existing uses. Officer found layout compliant except access control inadequate to enforce brief's traffic protection, failing amenity test.
Strategic Policy 3 - To respect the character of our towns and villages
Requires protecting village character, avoiding coalescence, using local materials. Site zoning supports low-density housing with minimal neighbour amenity impact per plan para 2.7.
Strategic Policy 4
Protects archaeological sites/setting of monuments (Tynwald Hill). Cairn avoided; watching brief condition proposed.
General Policy 2
Requires accordance with area plan brief, respecting amenity/highways/landscape. Layout provides good separations (e.g. Plot 6: 11m to boundary, 27.5m wall-to-wall); highway improvements satisfy DoT; fails on access enforcement for amenity.
Environment Policy 42
New development to reflect local character; low-density single-storey acceptable without backland feel.
Housing Policy 6
Zoned residential per area plan brief; innovative design encouraged but access brief unmet.
Transport Policy 4
Highways to accommodate development safely; DoT satisfied post-revisions with visibility/road widening.
Fully supportive; low density/large plots enhance estate without privacy/view impact; addresses housing shortage in St Johns
In full support
No objection
No objection after HV cable diversion agreement; note for contact if needed
Multiple Balladoyne residents object to the application citing violations of St John's Local Plan Policy RES/P/1 regarding construction access and dwelling specifications; Manx National Heritage requests archaeological watching brief conditions; Manx Electricity Authority raises potential objection over HV cable diversion.
Key concern: non-compliance with St John's Local Plan Policy RES/P/1 construction access restrictions
Manx National Heritage
Conditional No ObjectionWe therefore strongly recommend the application of a condition to ensure that an archaeological watching brief is undertaken by the applicant during the layout of the site, its plots, roads and sewers, and also that all future approvals for the individual dwellings be similarly conditioned.; MNH believes that it is particularly important... to ensure that only single storey dwellings are built in this location.
Conditions requested: archaeological watching brief during layout of site, plots, roads and sewers; all future approvals for individual dwellings similarly conditioned for archaeological watching brief; condition ensuring only single storey dwellings without dormers
Manx Electricity Authority
Conditional No ObjectionThe MEA may need to object... unless the following condition is met: There is an HV cable in the area... this may need to be diverted before work can commence.
Conditions requested: contact MEA Operations and Maintenance Engineer Steve McGhee (Tel: 687773) to discuss application before work commences; all work in accordance with Health & Safety Guidance Note HS(G)47
The original application PA08/1510/B for layout of six residential plots, roads and sewers was refused by the Planning Committee because it failed to demonstrate sufficient control over temporary access for construction traffic. The appellant argued that a legal right of way existed over Balladoyne Farm land until January 2010, planning permission is not required for temporary access, and alternative routes were available, with a condition to restrict heavy vehicles via the estate road. The Council defended the refusal citing St John's Local Plan requirements for temporary access details and prohibition on construction traffic through Balladoyne estate. The inspector concluded the application was incomplete as it lacked details of a temporary access within the site or proper secure arrangements, confirming it did not meet Local Plan requirements. The Minister concurred and dismissed the appeal, but without prejudice to a resubmission with full temporary access details.
Precedent Value
Demonstrates that Local Plan briefs requiring specific temporary construction access details must be fully addressed within the application boundary/red line; future applicants must submit comprehensive, secure access proposals including planning for formation works, avoiding reliance on external third-party land without firm agreements.
Inspector: Michael Hurley
