RECEIVED ON 13 OCT 2014 DEPARTMENT OF INFRASTRUCTURE
CABINET OFFICE Government Office DOUGLAS Isle of Man IM1 3PN Direct Line (01624) 685280 Fax Number (01624) 685710 Email [email protected]
CHIEF SECRETARY Will Greenhow ACMA
Our Reference: DF14/0016 13th October 2014
Planning Secretary Department Of Infrastructure Planning and Building Control Division Murray House Douglas
Dear Sir/Madam,
TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) (No2) ORDER 2013
PA Ref: 14/00357/A Applicant: Haven Homes Ltd Proposal: Approval in principle for the erection of twenty three dwellings with associated road layout and public open space Address: Former Gas Works Port St Mary Isle Of Man IM9 5LF
I refer to the abovementioned planning application.
In accordance with the Article 9 of the Town and Country Planning (Development Procedure) (No 2) Order 2013, I herewith give notification of the decision as follows.
On 2nd October 2014, the Council of Ministers considered the recommendations of the Planning Inspector and determined to approve the application subject to the prior completion of a legal agreement under Section 13 of the 1999 Act for the inclusion of 6 affordable houses conforming to the requirements of the Department of Social Care and subject also to the condition(s) specified below.
The development hereby permitted shall be begun either before the expiration of 4 years from the date of the approval notice or before the expiration of two years from the date of approval of the last of the reserved matters.
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.
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.
Plans and particulars of the reserved matters referred to in Condition 2 above shall be in general 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.
The garages shall remain available for the parking of a vehicle.
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.
Prior to the commencement of any other work, the visibility sprays 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.
In accordance with article 10(c) of the Order, please be advised that the decision of the Council of Ministers is binding and final (subject to the possibility of judicial review by petition of doleance)
Yours faithfully,
A Johnstone Planning Appeals Administrator
Application by Haven Homes Ltd for: Erection of twenty three dwellings with associated road layout and public open space, Former Gas Works, Port St Mary IM9 5LF.
Site Visit Monday 14th July 2014
Preamble
The application was referred to the Council of Ministers in accordance with Section 10(1)(b) of The Town and Country Planning (Development Procedure) (No 2) Order 2013 because the site includes a small area of public highway.
Site and Development
The site is served by an existing lane leading west off Station Road (A29) immediately south of Port St Mary Railway Station. The main station building is attractively imposing, as in a different way is the Railway Station Hotel on the other side of the lane. Behind the hotel is a modern bungalow, beyond that a gravel surfaced car park together with an area evidently used as a landscape contractor’s yard, and beyond that the now disused gas works. Generally to the south and west is open farmland while to the north, on the other side of the station and railway, is a bowling green together with a pavilion, car parking and open space.
The defined site, some 0.613 ha (1.5 acres), comprises the gas works, car park/contractor’s yard, the lane and a sliver along Station Road. This last is to facilitate a minor adjustment, agreed by The Treasury Strategic Assets Unit, at the station level crossing in order to improve visibility. The application, supported by a Planning Statement, seeks approval in principle to erect 23 houses across the two main areas of the site. An illustrative layout shows 4 irregular terraces, comprising 3-4 bedroom and 4 bedroom houses, together with areas of open space. The development would be served by the existing access upgraded to adoptable Country Lane standard, one spur of which would also serve the existing bungalow. The applicant’s Supplementary Planning Statement, responding to the Planning Officer’s comments, includes comparative photographs and illustrative photomontages of the proposals seen from key viewpoints.
Gist of the Representations
The Applicant: as a then operational gasworks, the location was not subject to the Site Assessment Framework used during preparation of the Area Plan for the South 2013 (APS). Doing so now scores it as highly suitable, more so in fact than sites designated by the Plan for housing. It is previously developed, close to services and on a bus route as well as next to the railway station. The Plan identifies only one other site for residential development in Port St Mary. A specialist report confirms that contamination can be successfully remediated and the relevant public bodies are satisfied regarding access, parking, and wildlife subject only to acceptable planning conditions. Contrary to submissions by the Port St Mary Commissioners, although the surroundings might be prone to flooding the site itself is not. Technical agreement has been reached in principle with the Drainage and Sewerage Authority regarding foul and surface water drainage, which would be subject to further consideration at the detailed stage. The Department of Economic Development advises that there is probably little demand for future industrial use here, and the Planning Officer recognises the site’s suitability in principle for housing. The applicant stands ready to enter into a legal agreement to include 6 (25%) affordable houses, in line with Strategic Plan Housing Policy 5, compliant with detailed requirements of the Department of Social Care.
The railway station and the hotel are buildings of interest but they are not Registered and should not be treated as if they were. The application is one in principle only, but photomontages illustrate how a 23 house development could be designed to relate well with the existing buildings and certainly very much better than the derelict former gas works. Trees shown close behind one of the blocks in the illustrative layout are self-sown Sycamores, which may not be worth keeping, and additional planting would be carried out as part of comprehensive landscaping. Assessed against the requirements of Strategic Plan Appendix 6, somewhat more than the required children's play and general amenity open space is illustrated, while formal recreational space is generously available in the locality. A development of a few houses, promoted by the Planning Officer, would not be required to provide any public open space or affordable provision.
The Planning Officer: housing does not accord with the site's industrial zoning in the APS. However, in light of advice from the Department of Economic Development regarding the probable lack of industrial demand here, this previously developed land is suitable in principle for residential development in accordance with the provisions of Strategic Plan General Policy 3(c).
The site is exposed to public view from several locations, currently marred by the large gas containers that would be removed. In other regards the views are characterised by the distinctive, large buildings – the hotel and railway station – and much smaller, lesser buildings such as the bungalow and railway outbuildings. What is not currently seen is a concentration of 4 large building masses – illustrated between 24 m and 48 m long, which from the application description may well be three storey to incorporate integral garages. The density is excessive and would result in an appearance of over-development, eroding the setting of the Port St Mary Station building (proposed for Registration) and the Railway Station Hotel.
Compliance with Strategic Plan Appendix 6 requires 1,242 sq m of formal (recreational) open space, 414 sq m of children's play space and 552 sq m of general amenity space. The illustrative layout provides in all a maximum of 1,186 sq m, about half the total requirement. It is accepted that the lack of on-site recreational space (pitches and the like) does not warrant refusal, bearing in mind the amount of existing provision in the wider locality relative the existing population and the limited provision in the APS for new housing elsewhere at Port St Mary. However, although the applicant claims to provide more on site than the required provision for children and general amenity, the layout does not sufficiently separate the two, and this could lead to nuisance and potential lack of privacy for some residents.
The development would retain most existing trees but those illustrated tight behind plots 10-23 do not appear realistic, so the submitted illustration does not demonstrate how 23 dwellings could be laid out retaining trees of amenity value.
Removal of the gas containers and associated buildings would be beneficial, but the proposed density is too high, having regard to visual impact, layout of open space and retention of trees. The site would be suitable for a significantly lower density, say three large dwellings, well designed to reflect the attractive and important historical and architectural elements of the Railway Station and Railway Station Hotel.
The Port St Mary Commissioners: the application plan is unclear as to which units would be affordable and historically the area is prone to flooding. The Department of Economic Development: there is probably no demand for new
industrial development here. Small scale businesses such as garages are attracted to existing low quality premises and there is no known pressure to develop new premises. The APS identifies existing industrial estates capable of further development. The Department of Social Care (DSC): there is a continued need for affordable housing across the Island, with no potential sites currently under consideration in the Port St Mary locality. The application layout appears compliant with DSC standards to include 6 affordable units (25%) but consideration should be given to some being 2 bedroom rather than 3 or 4. The Highway Authority: the proposals comply with highway and parking standards, subject to suggested conditions. Wildlife Division: there are aspects of potential wildlife interest and a survey should be undertaken prior to development and appropriate mitigation undertaken, but expressly with no suggestion that this should inhibit the development. Manx Utilities (Electricity) provide technical advice.
Inspector’s Assessment
Strategic Plan General Policy 3 generally opposes development outside areas zoned for the purpose, but subject to exceptions including: c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment. There is little dispute that this previously developed windfall site could in principle be beneficially redeveloped by housing, displacing the redundant, unsightly former gasworks. Technical aspects such as access, drainage, soil remediation and the like have been endorsed by the relevant authorities to the extent necessary at this stage, and do not pose an impediment. The Commissioners’ submission regarding flood risk is not borne out by the applicant’s technical assessment and its in-principle acceptance by the Water and Sewerage Authority.
The main issue is whether 23 dwellings, rather than some smaller number, could be laid out on the site in a visually satisfactory way while providing adequate open space and landscaping. I can understand the Planning Officer’s reservations, based on the illustrative plan submitted at the outset with the application. This could be interpreted as implying four rather homogenous terraced blocks, which would certainly look distinctly odd as an adjunct to this rural village and in general proximity with the station and hotel buildings. However, this is an application in principle only, and the architect’s subsequent supplementary statement illustrates one way in which the terraces could be visually modulated, in height and roof orientation for example, so as to create linked clusters comprising a variety of dwellings. Something along these lines could, in my view, be in character with the location. The development would be little seen from Station Road. In more distant, though very open views, looking down principally from Truggan Road/St Mary’s Road or from Plantation Road/Howe Road, the houses would appear clearly subordinate, somewhat separate from the hotel and station buildings. The settings of these attractive large buildings need not be compromised, rather their stature could be enhanced by comparison with the new development and certainly when compared with the existing appearance of the former gas works.
The illustrative layout includes rather more open space than sought by the Strategic Plan to provide for children’s play and general amenity. As with most residential developments, a balance has to be struck between the benefits of such open space and the risk that it might be misused in ways that cause unreasonable disturbance. However, it seems to me that within the constraints of the site that balance has
3
been well struck in the illustrative layout, with two distinct areas either flanked by houses or faced by them across the access road. On undisputed evidence there is ample public open space in the wider locality to serve the more active recreational needs of the existing population and incoming residents at this development. Any future application for development at the one site allocated for housing at Port St Mary (at the Bay Queen Hotel) would need to be considered on its merits, however I see nothing in the open space figures to suggest that this current scheme need compromise options there.
I am sceptical about the practically of retaining trees illustrated for retention in the back gardens of units 20 to 23, but these are not the finest specimens and the layout would facilitate retaining others, on the intended public open space, and there are also mature trees outside the boundary within the railway land. Subject to the submission and implementation of a landscaping and planting scheme, I see no significant objection stemming from the probable loss of a few of the existing trees.
Considered on its own merits, I consider that the application demonstrates in principle that a satisfactory development of 23 houses could be located on the site. Having reached this conclusion, I see no purpose in a general comparison exercise with a potential development of, say, 3 houses on the site. If such an application ever arose it would need to be considered on its merits.
Importantly, however, a development of 23 dwellings would be likely better to meet housing needs for modest sized family accommodation. Strategic Plan Housing Policy 5 normally requires 25% affordable provision for developments of 8 dwellings or more “... on land zoned for residential development or in predominantly residential areas ...”. Strictly speaking this site is neither zoned for residential development nor directly and closely within a predominantly residential area. However, the appellant’s case is that had closure of the gasworks been foreseen, the APS would in all probability have led to the site’s zoning, and it seems to me that acceptance of this argument is akin to treating the site now as if it were zoned. Also, the appellant’s reliance on the proximity of services and facilities in Port St Mary (and towards the edge of Port Erin) means that the development should be treated as forming part of the village and in that sense within a predominantly residential area. In short, I see no reason not to require 25% (six) affordable houses within the development, and this is accepted by the applicant.
I have modified the standard conditions suggested by the Planning Officer in order to clarify that a detailed application should generally reflect the approved in-principle layout. In the interests of adequate parking provision and highway safety I have added the conditions requested by the Highway Authority and in the interest of nature conservation I include a condition along the lines sought by Wildlife Division.
Recommendations
I recommend that the application be approved subject to the prior completion of a legal agreement under Section 13 of the 1999 Act for the inclusion of 6 affordable houses conforming to the requirements of the Department of Social Care, and subject also to the following conditions.
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.
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.
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.
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.
The garages shall remain available for the parking of a vehicle.
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.
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.
Alan Langton Inspector
5
Town & Country Planning Act 1999
1. Application no.
14/00357/A
2. Description of the development.
Approval in principle for the erection of twenty three dwellings with associated road layout and public open space
3. Site Address: And title deeds or Land Registry Office Copy Entries and filed plan
Former Gas Works Port St Mary Isle Of Man IM9 5LF
4. Date of Committee/COMIN resolution.
13th October 2014
5. Name and address of applicant.
Haven Homes Ltd Breagle View St Mary's Road Port Erin IM9 6JJ
6. Name and address of developer or agent if applicable
7. Name and address of owner
Rowan Tree Limited Ballaghreiney Bungalow Station Road Port St Mary
8. Name and address of Mortgagee (if any)
Section 13 Agreement
INSTRUCTION to ATTOURNEY GENERAL’S OFFICE
Information From
Department of Infrastructure, Planning and Building Control / Department of Social Care.
Background:
This planning application was received 24th March 2014
The planning officer, Sarah Corlett has drafted report on the proposal for the benefit of Council of Ministers (The application is one in which the Department has a vested interest). Council has determined to approve the application subject to the prior completion of a legal agreement to secure affordable housing/open space.
I have today spoken to the applicant’s agent in order that they may obtain the required details in order that I may provide you with instruction AND that their advocates are aware to raise the initial draft. Also that it would be hoped that any resolution of the agreement can be reached within four months of the letter dated 13th October 2014
Should you require any further information, please contact Jo Callow
9. Detailed description of obligation, including triggers.
None as yet, as this approval is in principle and a reserved matters application will need to be approved.
10. Number of Affordable Housing Units and prices – onsite or off site
6
11. Any commuted sums – terms
None
12. Any provisions for public open space or play areas – on site or off site (plan) and commuted sum
Town & Country Planning Act 1999 Section 13 Agreement
1. Application no.
14/00357/A
2. Description of the development.
Approval in principle for the erection of twenty three dwellings with associated road layout and public open space
3. Site Address: And title deeds or Land Registry Office Copy Entries and filed plan
Former Gas Works Port St Mary Isle Of Man IM9 5LF
4. Date of Committee/COMIN resolution.
13th October 2014
5. Name and address of applicant.
Haven Homes Ltd Breagle View St Mary's Road Port Erin IM9 6JJ
6. Name and address of developer or agent if applicable
7. Name and address of owner
Rowan Tree Limited Ballaghreiney Bungalow Station Road Port St Mary
8. Name and address of Mortgagee (if any)
INSTRUCTION to ATTOURNEY GENERAL'S OFFICE
Information From
Department of Infrastructure, Planning and Building Control / Department of Social Care.
Background:
This planning application was received 24th March 2014
The planning officer, Sarah Corlett has drafted report on the proposal for the benefit of Council of Ministers (The application is one in which the Department has a vested interest). Council has determined to approve the application subject to the prior completion of a legal agreement to secure affordable housing/open space.
I have today spoken to the applicant’s agent in order that they may obtain the required details in order that I may provide you with instruction AND that their advocates are aware to raise the initial draft. Also that it would be hoped that any resolution of the agreement can be reached within four months of the letter dated 13th October 2014
Should you require any further information, please contact Jo Callow
9. Detailed description of obligation, including triggers.
None as yet, as this approval is in principle and a reserved matters application will need to be approved.
10. Number of Affordable Housing Units and prices – onsite or off site
6
11. Any commuted sums – terms
None
12. Any provisions for public open space or play areas – on site or off site (plan) and commuted sum
Planning Secretary Department Of Infrastructure Planning And Building Control Division Murray House Douglas
Dear Sir/Madam,
TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) (No2) ORDER 2013
Further to my previous correspondence concerning the above application. I now enclose copies of additional submissions received. The Inspector has visited the site and will now produce a report and recommendation for determination by the Council of Ministers. In due course this office will advise you of the Council of Ministers decision based on that recommendation. Yours faithfully,
A Johnstone Planning Appeals Administrator On behalf of the Chief Secretary
PA Ref:
14/00357/A
Applicant:
Haven Homes Ltd
Proposal:
Approval in principle for the erection of twenty three dwellings with associated road layout and public open space
Address:
Former Gas Works Port St Mary Isle Of Man IM9 5LF
Highway Services
PA 14/00357/A Approval in principle for the erection of twenty three dwellings with associated road layout and public open space, Former Gas Works, Port St Mary, Isle of Man
This application includes a small area of public highway and as such Highway Services will not provide an opinion on the merits of the application but restrict comments to factual statements regarding the adherence of the application to the relevant highway policies and standards.
The proposed visibility splay onto Station Road meets the standard of 2.4m x 90m as required by the Policy Regarding Access to the Highway 2004.
The width of the existing access road is 4.8m and meets the standard of an urban lane as set out in paragraphs 4.8 – 4.33 of Manx Roads and can serve up to 25 dwellings. The proposal also provides for a footway along most of the length of this road, a short section bordering the existing dwelling has only a very narrow footway. This is in excess of the requirements of an urban lane.
The design of the remaining road layout and car parking spaces are in accordance with the standards set out in Manx Roads with the exception of the garages where no dimensions have been provided.
If the application is to be approved the following conditions are recommended:
a. The garages are to measure at least 3m x 5m internal dimensions in accordance with paragraph 11.18 of Manx Roads. Reason – to ensure that the garages are sufficient to park a car b. The garages shall remain available for the parking of a vehicle.
Reason – to ensure that the car parking standards are met and to reduce the requirement for on road car parking
c. Prior to the occupation of any dwelling the carriageway, footway and street lighting between the public highway and the dwelling shall be constructed to at least base course level and the car parking associated with the dwelling shall be provided and available for use.
Reason – to ensure safe access to the dwelling for vehicles and pedestrians and to ensure car parking is provided to the required standard
d. Prior to the commencement of any other work the visibility splays shown on drawing no 1274-000A shall be provided at a height of no more than 1.05m and shall be maintained thereafter.
Reason – to ensure safe access to the site for all road users
Prepared by H Fletcher, Traffic Engineer 27/05/2014
Department of Environment, Food and Agriculture
Rheynn Chymmyltaght, Bee as Eirinys
Secretary to the Planning Committee Planning and Building Control Division Department of Infrastructure Murray House Mount Havelock Douglas IM1 2SF By Email
Director of Fisheries Karen McHarg Fisheries Division Thie Sileau Whallian, Foxdale Road, St. Johns, Isle of Man, IM4 3AS Tel no (01624) 685857 Fax no (01624 685851 Email: [email protected]
Quoting Ref: IF62/14/00357/A Your Ref:
Date: 16th May 2014
Planning Application 14/00357/A Approval in principle for the erection of twenty three dwellings with associated road layout and public open space, Former Gas Works, Port St Mary
Please be informed that the completed Development within 9m of the Watercourse form has been received and checked by Fisheries Officers.
There are no concerns on the proposed development, provided there is no impact on the watercourse alongside the property. The applicant is however advised to contact DEFA when works are due to commence, this can be done by email or telephone.
In the meantime please contact Inland Fisheries on 685857 with any further queries.
Planning Secretary Department Of Infrastructure Planning And Building Control Division Murray House Douglas
Dear Sir/Madam,
15th May 2014
RECEIVED ON 19 MAY 2014 DEPARTMENT OF INFRASTRUCTURE
TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) (No2) ORDER 2013
PA Ref: 14/00357/A Applicant: Haven Homes Ltd Proposal: Approval in principle for the erection of twenty three dwellings with associated road layout and public open space Address: Former Gas Works Port St Mary Isle Of Man IM9 5LF
Thank you for your letter concerning the above captioned application which will be passed to the Inspector appointed to consider the matter.
If you have anything further that you wish to add to your previous submission I should be grateful if you send it to me by 5 p.m. on 29th May 2014. A copy of your statement will be made available to the other parties involved in this application and, therefore, it would be appreciate dif you could supply 6 COLLATED SETS of your submission of case.
This matter is scheduled to be dealt with by way of written submissions only without appearing before the Inspector at an inquiry. Please advise me in writing if you are in agreement for this procedure to be followed, but if no reply is received by the date stated above it will be considered as agreement with this procedure.
Yours faithfully,
A Johnstone Planning Appeals Administrator On behalf of the Chief Secretary
infrastructure
CABINET OFFICE
12 MAY 2014
READ BY C.S.
FILE AWAY
TO RELEVANT OFFICER ON FILE
SCANNED
planning and building control bun-troggalys -plannal as gurneil troggal Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF.
email: [email protected] Tel: (01624) 685906 Fax: (01624) 686443 Director of Planning & Building Control Michael Gallagher, M.R.T.P.I.
8th May, 2014
Mr. A. Johnstone, Planning Appeals Secretary, Chief Secretary's Office, Government Offices, Buck's Road, Douglas, IM1 3PN.
Dear Mr. Johnstone,
Re: PA 14/00357 - approval in principle for the erection of 23 dwellings with associated road layout and public open space, former gas works, Port St. Mary
I refer to the above application which is due to be considered by an inspector, in accordance with Article 10(1) of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as there is a perceived interest in the proposal due to a small area of public highway being included within the development unit. However, as this "interest" relates to so small an area and which does not relate to any direct interest in or impact from the proposed development on the Department's behalf, it is considered appropriate to provide a recommendation as well as setting out the appropriate policies and matters to be considered.
Yours sincerely,
Miss Sarah Corlett Senior Planning Officer
Copyright in submitted documents remains with their authors. Request removal
Source & Provenance
Official reference
14/00357/A
Source authority
Isle of Man Government Planning & Building Control
