24 October 2025 · Delegated
43, Scarlett Road, Castletown, Isle Of Man, IM9 1nx
This application sought to enlarge the vehicular hardstanding and widen the access at 43 Scarlett Road, a bungalow in Castletown. The property currently has a front garden behind a low wall, with off-road parking between the garden and the road. Neighbouring properties have similar frontages with varying levels of vegetation. During the process, amendments were made to retain an existing flower bed and include a 1.7m area of grass, intended to preserve a garden boundary within the street scene. Despite these changes, the application was refused. The deciding authority found that the proposal would result in the loss of the front garden and an insufficient area of soft landscaping, both of which would unacceptably disrupt the character of the street scene and harm the amenity of existing and future occupants.
The application was refused on 24 October 2025. The decision found that enlarging the hardstanding would result in the loss of the front garden, disrupting the rhythm of the street scene and harming residential amenity. The lack of retained soft landscaped garden area was also cited as a reason for refusal, with both grounds judged contrary to the Residential Design Guide (2021).
Refusal Reasons
General Policy 2
does not adequately take account of General Policy 2 (b) (c) and (g) in.the Isle of Man Strategic Plan (2016)
General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Residential Design Guide (2021)
contrary to section 6.3 of the Residential Design Guide (2021)
of facilities and an environment that has been designed to provide opportunities for outdoor play, Casual or informal playing space within housing areas. Playing space that is excluded A.6.3 The following areas are excluded from the definition of playing space, however, they may still make a valuable contribution to the total recreational provision of communities, particularly those that are deficient in recreational space. Verges, woodlands, the seashore, nature conservation areas, allotments, Golf courses, Water used for recreation, except where it forms an interactive feature of an outdoor play area, Commercial entertainment complexes Sports halls (indoor provision may make a contribution to certain sports, such as badminton, tennis or bowls, and such facilities may be taken into account when assessing whether there is demand for these activities, however with regard to outdoor playing space, such area must be seen as complementary.) Car parks for non-recreational use. A.6.3.1 It has been argued that access to large gardens and transport reduces the importance of the children's playing space standard in certain areas. Gardens of private dwellings need to be of a sufficient size to accommodate the day to day needs of very young children; however, as children grow older, the role of the private garden, irrespective of its size becomes less important as play space. Children need access to play ar eas, where they can meet others of their own age and learn the important art of socialisation, which private gardens do not facilitate. Private gardens perform a multitude of other functions and are specifically excluded from the standard. The Open Space Requirement A.6.4 The open space standard is based on the adopted Department standard of a minimum of 3.2ha of open space per 1000 population (32 sq metres per person). This standard is further broken down into a requirement per person of: Formal (e.g. football pitches) 18sq. metres Children's (e.g. play grounds) 6sq. metres Amenity (e.g. Nature conservation areas/Glens) 8sq. metres A.6.4.1 In order that the open space requirement is related in scale and kind to the proposed development the open space needed is based on: - 1) The potential occupancy of the dwelling; and 2) Who the dwelling is likely to be occupied by A.6.4.2 Table 1 is used to judge the occupancy of dwellings and the subsequent open space requirement in square metres. Table 1 No. of Bedrooms Occupancy Level Formal Open Space Children's Play Space Amenity Space Total (sq.m.) 1 1.5 27 9 12 48 2 2 36 12 16 64 3 or more 3 54 18 24 96 Where numbers and type of dwellings are unknown e.g. applications for approval in principle, the requirement for open space provision will be reserved so that it can be resolved when a detailed application is made. A.6.4.3 The following are two examples of the method of provision in line with the Department's standards: Example 1 Development of 25 houses all 3 bedrooms A.6.5 Total occupancy = 25 x 3 = 75 (No. of houses x occupancy level) Open space requirement = 2400sq m. (1 No. 3 bed house would result in a requirement for 96sq.m of open space therefore 25 x 96 =2400sq.m) Formal open space required = 75 x 18sq.m = 1350 Children's Play Space Required = 75 x 6sq.m =450 Amenity Space Required =75 x 8sq.m =600 Total space required =2400sq.m Example 2 Development of 14 houses: 8 houses all 2 bedrooms, 6 apartments all 1 bedroom Part 1 Total occupancy = 8 x 2 = 16 (No. of houses x occupancy level) Open space requirement = 512 sq m (1 No. 2 bed house would result in a requirement for 64 sq m of open space therefore 8 x 64 = 512 sq m) Formal open space required = 16x 18 sq m = 288 Children's Play Space Required = 16 x 6 = 96 Amenity Space Required = 16 x 8 sq m = 128 Total space required = 512 sq m Part 2 Total occupancy = 6 x 1.5 = 9 (No. of apartments x occupancy level) Open space requirement = 288 sq m (1 No. 1 bed apartment would result in a requirement for 48 sq m of open space therefore 6 x 48 = 288 sq m) Formal open space required = 9x 18 sq m = 102 Children's Play Space Required = 9 x 6 = 54 Amenity Space Required = 9 x 8 sq m = 72 Total space required = 288 sq m Overall Total (Part 1 + Part 2) = 800 sq m How should the open space be provided? A.6.6 Once the open space requirement has been established it is then necessary to determine how the open space will be provided. There are three possibilities: - 1) Provided on site 2) Provide off site but adjacent or close to the development 3) Provided by payment of a commuted sum to enable the Local Authority to provide the open space on behalf of the developer. A.6.6.1 Where possible, open space should be provided in the first instance on-site or off-site where this would improve the quality of the development and the open space provided. Where the first two options are not practical then commuted sums will be considered. A.6.6.2 Commuted sum
