11 February 2025
Field 314758, Main Road, St Johns, Isle Of Man, IM4 3lx
Variation of conditions 19 and 20 of 20/00787/B to allow access and services to plot 6 (vary C19 to allow access to north of cairn and altering C20 wording to provide details)
Appeal against the approval for construction of 3 garages to plots 4 and 5 and foul drainage connection of previously approved and commenced development PA 20/00787/B and PA 19/01324/B
Construction of 3 garages to plots 4 and 5 and foul drainage connection of previously approved and commenced development PA 20/00787/B and PA 19/01324/B
Reserved Matters Application for plots 1 and 3 (in relation to 20/00787/B)
Information in relation to Condition 6 for PA 19/01324/B for soft landscaping
Full approval for three dwellings on plots 2,4 and 6 with drainage, access and landscaping and Approval in principle for two dwellings on plots 1 and 3 addressing siting, landscaping drainage and means of access.
Full approval for three dwellings on plots 2,4 and 6 with drainage, access and landscaping and Approval in principle for two dwellings on plots 1 and 3 addressing siting, landscaping drainage and means of access.
Appeal against the refusal of erection of a detached dwelling
Erection of a detached dwelling
Residential estate layout of six plots, roads and sewers including temporary construction access to site off Station Road
Appeal against refusal for erection of a dwelling
Erection of dwellings to plots 2, 4 and 6
Erection of a dwelling
Residential layout for six dwellings with layout of plots, roads and sewers
Approval in principle for a residential development of six dwellings
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The original application PA 23/00606/B for construction of 3 garages to Plots 4 and 5 and foul drainage connection was approved by delegated powers due to acceptable visual impact, neighbouring amenity, archaeology protection via watching brief, ecology, and drainage accepted by Manx Utilities. Appellants (neighbours at Balladoyne Farm) argued boundary discrepancies prejudicing their approved development PA 24/00276/REM, drainage confusion, non-compliance with previous conditions and Wheatcroft plan from prior appeal 20/00787/B, and access issues to Plot 6 risking the protected Cairn site. The inspector sympathised with appellants' frustration over fragmented development but found boundary/ownership issues non-material to planning, drainage acceptable per Manx Utilities, Cairn protected by conditions, and no prejudice to appellants' site or Plot 6 access given developer control and site progress. Policies including GP2, Strategic Policy 4, and Environment Policies 4, 40, 41 were complied with subject to conditions. The appeal was dismissed on 28 January 2025, with the Minister upholding approval on 11 February 2025 subject to 8 conditions including watching brief, CEZs, and access restrictions.
Precedent Value
Appeals cannot rely on civil boundary disputes or land ownership; technical consultee views (e.g. MU drainage) and protective conditions (watching briefs, CEZs) outweigh neighbour concerns over site history/complexity. Future appellants must demonstrate direct planning harm, not private legal issues.
Inspector: B J Sims
