20 July 2016 · Delegated
Gas Works, Access To Gas Works From Four Roads, Port St Mary, Isle Of Man, IM9 5lf
The application sought approval in principle for the erection of 23 dwellings at the former gas works site, with associated road layout and public open space. The site includes the former gasworks, a former car park and an access lane on the western side of Station Road, with the lane described as almost 4m wide and currently unmade. The application was approved. The Council of Ministers determined to approve it on 2 October 2014, subject to prior completion of a legal agreement for the inclusion of 6 affordable houses and subject also to the conditions specified in the decision. The decision was based on consideration of key issues including whether the site is suitable for residential development, whether it should be reserved for industrial use, whether the density was acceptable, visual impact, and requirements for parking, access and open space, alongside relevant plan provisions and highway safety and convenience standards.
Permission in principle was approved for the erection of 23 dwellings, with associated road layout and public open space. The Council of Ministers approved the application subject to a legal agreement for the inclusion of 6 affordable houses and the conditions set out in the decision. The approval consideration included issues such as whether the site is suitable for residential development, development density, visual impact, and parking/access and open space requirements.
In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing
Housing Policy 5: In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more. The term affordable housing is defined by the Department as housing which is either: directly provided by the Department; or directly provided by Local Authorities; or meets the criteria for the Department's House Purchase Assistance Scheme 2004 (and any successor schemes approved by Tynwald). 8.7 New Housing in Existing Settlements 8.7.1 Recent Local Plans and Area Plans have included development briefs guiding the design and layout of land which is zoned for residential use. Such briefs should not needlessly prescribe design, but should indicate site-specific constraints, the need for provision of public facilities or amenities (such as play areas, neighbourhood shops, or land for schooling, open space, or road improvements), and, if appropriate, the maximum or minimum density and the need for the inclusion of an element of affordable housing. Where these briefs state that an optimum density should be achieved this should not be used as an argument for higher density development which has an adverse effect on the residential amenity of adjoining properties or the character of the area.
Development will not be permitted on or close to contaminated land unless it can be demonstrated that there is no unacceptable risk to health, property or adjacent watercourses
loped land is an important element in achieving regeneration and sustainable development objectives and to improve both the built and living environment. This is supported by paragraph 7.20.2 and Environment Policy 26 of the Strategic Plan. Development proposals on contaminated and/or unstable land, or where previous land use may indicate some level of contamination, must include an assessment of the extent of contamination and/or instability and any possible risks. Transport and Utilities Introduction This Chapter focuses on Transport (roads, public transport, cycleways, footpaths) and Utilities (energy, telecommunications, water supply, sewerage drainage and electricity). This Plan addresses infrastructure issues within distinct C hapters but it is impossible to plan for different kinds of infrastructure in isolation. The work undertaken to support this plan has included comprehensive site assessments looking at all aspects of development and needs in terms of supporting infrastructure, as well as scenario testing work which looked at broad development patterns and the implications on infrastructure as a whole. Issues relating to roads and utilities are often referred to as grey infrastructure and were discussed in the scenario testing work in these terms. Ahead of sections on ' area plan objectives' and 'area plan desired outcomes' in this Chapter, there is a brief discussion of two important long term infrastructure strategies which set the broad context for the preparation of the Area Plan for the East. This Plan incorporates the objectives of both the National Infrastructure Strategy and the Harbour Strategy and is in support of their desired aims. Strategic Plan Implementation - Transport and Utilities The Isle of Man Strategic Plan contains specific strategic policy in respect of transport and other grey infrastructure. The Chapters on Strategic Objectives and Strategic Policies state that development needs to: • optimise the use of previously developed land; • use sites efficiently; • utilise existing and planned infrastructure, facilities and services; • minimise journeys by private car, make best use of public transport, not adversely affect highway safety for all users, encourage pedestrian movement; • be located and designed to promote a more integrated transport network; • encourage the efficient use of energy; • safeguard the efficient operation of the Island's ports for fishing, commercial and leisure use without compromising environmental objectives; and be well served by modern telecommunications without compromising the protection of the landscape. The overall objective for these may be summed up as being to protect pub lic-benefiting utilities and other assets and enable the orderly provision and co -ordination of these and other facilities for the benefit of the community. Since the Strategic Plan 2016 was adopted, some changes have occurred relevant to the services and utilities - changes to titles of service authorities and suppliers and changes to strategies and service types and terms used to describe those types. None of these changes alter the intention of the policies in the Strategic Plan and are thus taken into account in this Area Plan as natural evolutions of business operations. All-Island Strategies National Infrastructure Strategy15 While the Area Plan for the East is a short to medium term document, the National Infrastructure Strategy (NIS) aims to ensure there is an integrated, reliable, secure and resilient provision of Island-wide infrastructure that meets the social and economic needs of the Island up to 2050. The document presents an audit of the Island's current infrastructure, sets out the available capacities for each key asset and identifies any known issues with supply. It then examines a number of factors which could impact on the future provision of the Island's infrastructure: the Island's population and age structure, the spatial distr ibution of development, the economic situation of the Island, climate change, technological change and the need to meet national and international obligations and regulations. Finally, consideration is given to the obsolescence of each of the Island's key assets. Key assets in the East identified in the document are: • Douglas and Laxey harbours • Combined Cycle Gas Turbine (CCGT) facility at Pulrose and the Energy-from-Waste Facility at Richmond Hill • Gas pipeline for Glen Mooar to Pulrose Power Station • LPG stores in Douglas • The Douglas Water Treatment Works • West Baldwin, Clypse and Kerrowdhoo Reservoirs • Meary Veg sludge treatment facility The NIS Strategy identifies the following issues faced by specific assets: • Flood risk to the National Sports Centre, D ouglas Fire Station, Banks Circus bus depot, Douglas Railway Station, Pulrose Power Station and Pulrose Bridge after major flooding occurred in 2015; and • traffic congestion at Quarterbridge and Governor's Hill roundabouts. The Strategy concludes that the Island's key assets are currently ma
Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space
Recreation Policy 3: Where appropriate, new development should include the provision of landscaped amenity areas as an integra l part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan. 10.3.9 Open Space in new developments should be provid ed within the site, but where it is impractical to provide the recreational space within the site, consideration may be given either to (a) provision off-site, but conveniently close thereto; or to (b) the use of commuted sums, which, under the terms of a section 13 Agreement, would be paid to the Local Authority as a contribution towards the provision of community recreational open space. Further details of these requirements are included in Appendix 6.
Open Space must be provided on site or conveniently close to the development which it is intended to serve
Recreation Policy 4: Open Space must be provided on site or conveniently close to the development which it is intended to serve, and should be easily accessible by foot and public transport.
Condition 1
1. The development hereby permitted shall be begun either before the expiration of 4 years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters.
Condition 2
2. Details of the access, appearance, landscaping, layout, and scale, (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Planning Authority before any development is commenced and thereafter the development shall only be carried out in accordance with the details as approved.
Condition 3
3. Application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission and thereafter the development shall only be carried out in accordance with the details as approved.
Condition 4
4. Plans and particulars of the reserved matters referred to in condition 2. above shall be in generally conformity with the layout shown in the approved drawing 1274-007D date stamped 24 March 2014 and shall include details of: i) Garages at least 3.0 m by 5.0 m internal dimensions in accordance with paragraph 11.18 of Manx Roads. ii) The results of surveys of lizards and frogs undertaken by a competent person and details of any resulting mitigation measures.
Condition 5
5. The garages shall remain available for the parking of a vehicle.
Condition 6
6. Prior to the occupation of any dwelling hereby approved, the carriageway, footway and street lighting between the existing public highway and the dwelling shall be constructed at least to base course level and car parking associated with that dwelling shall be provided and available for use.
Condition 7
7. Prior to the commencement of any other work, the visibility splays shown on the approved Drawing 1274-000A date stamped 24th March 2014 shall be provided at a height of no more than 1.05 m and shall be retained thereafter.