22 December 2010 · Delegated
Land Adjacent To, Kerrowkeil, Patrick Road, St Johns, Isle Of Man, IM4 3bn
The proposed dwelling was designed to be double-fronted with a central stone-clad porch, with the roof ridge kept as low as possible to reduce impact on views from properties to the rear. The site fronts Patrick Road, with its rear boundary defined by a narrow access lane serving four residential properties to the north, and an Ash tree on the front boundary. The officer assessed the principle of development, amenity impacts on neighbouring properties, character of the surrounding area, and highway safety. The officer's report noted that two off-street parking spaces, a turning area, and 54-metre visibility splays in both directions from Patrick Road met highway standards. The site was considered an infill plot within an existing developed area, to be judged on its individual merits under the St Johns Local Plan. However, the decision notice — issued at a later date — records a refusal on the grounds that the development would cause the loss of an important Ash tree without suitable replacement planting, harming the rural character of the area, and that parking could not be provided behind the frontage, making the scheme an overdevelopment of the site.
The portal records this application as permitted by delegated decision in December 2010, consistent with the officer's recommendation. However, a later decision notice records a refusal, citing loss of an important tree harmful to rural character and inability to provide parking behind the frontage. These two outcomes are directly contradictory and cannot be reconciled from the available data alone.
Refusal Reasons
Policy RES/P/5
St Johns Local Plan
Strategic Policy 1
Isle of Man Strategic Plan 2007
Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under -used land and buildings, and re - using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space (1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services. 4.2.2 In pursuance of (c) abo ve, the Department will, when formulating its programme for the preparation of new Area Plans, have particular regard to: (a) the availability of mains drainage connected to IRIS or other mains systems; (b) securing the future viability of rural primary schools; (c) the public investment in the Island's highway, bus, railway and tramway networks; (d) the provision and availability of water; and (e) community facilities. 4.3 Environment 4.3.1
Strategic Policy 2
Isle of Man Strategic Plan 2007
Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3. (1) Open Space is defined in Appendix 1. (2) Sustainable Urban Extensions are defined in Appendix 1 4.3.2 Appendix 3 to the Plan identifies the towns and villages, and also explains why the Department has rejected the idea of a new settlement, which was mooted in the Consultation Draft published in May 2000. 4.3.3 Each of our towns and villages has an ind ividual character arising not only from its geographical position and existing fabric, but also from its historical, cultural, and social background. This character should be protected and enhanced. Accordingly:
Spatial Policy 3
Isle of Man Strategic Plan 2007
ointment of a development partner for the site. Through their planning and development management functions the Government should encourage and facilitate redevelopment of the site. Long Term SS3 Large scale units and new access created through demolition of selected strand street units (nos. 53-75) and development of new car park on the Market Street site. This long term development project will require acquisition of a number of privately owned retail units to assemble the development site. The project will very likely require use of the Government's CPO powers. As such, the project will bear significant costs for the Government, albeit that these costs should be recovered in time through the sale of the site for retail development and car parking. SS4 New Connection between St Georges & Strand Street, including demolition of Victory House. This is another long term development which is unlikely to proceed until Victory house reaches economic obsolescence (i.e. where the value of the redevelopment of the site is greater than the existing use value). Future redevelopment of Victory House offers potential to provide a new connection between St Georges and Strand Street, which should be a long term objective. The Government should use its planning and development management functions to encourage and protect this objective. Central Douglas Masterplan Site Summary of Proposal Responsibility / Role Quayside Short Term QS1 Infill at the Lord Street site / North Quay, focusing on leisure development. This surface car park site is owned by the Isle of Man Government. There is existing developer interest in acquiring the site for leisure led mixed use development. Such development accords with the objectives of this masterplan and the Government should commence marketing the site. It is recommended that the site is sold subject to a development agreement to ensure that the Government's objectives for the site are realised and that the selected developer meets a pre-agreed development programme. QS2 Support town centre circuit connecting through Wintergarden to new capital town space. A significant new amenity space should be provided on the Quayside and this is likely to be delivered in tandem with the delivery of QS1. The nature and extent of the space should be controlled through the development agreement associated with the selection of a developer for QS1. QS3 Promotion of further leisure (restaurant & bars) to create cluster. The Quayside properties are outside the Government's ownership. Reordering of this area for food and drink clustering will require joint working with landlords to promote the area generally and vacant properties in particular to these operators. Medium Term QS4 Evolution from light industrial uses to residential, with relocation of existing uses. The South Quay includes a diverse mix of employment uses, some of which appear suited to this high value location and other less so. A number of these sites have been optioned by developers and medium - long term development opportunities. Relocation of the existing industrial and trade counter uses will be necessary to facilitate higher Central Douglas Masterplan Site Summary of Proposal Responsibility / Role value residential and office developments. The Government should encourage and facilitate the relocation of the existing industrial uses and redevelopment of the site using its planning and development functions. In the first instance it will be necessary to identify a suitable site (or sites) for relocation. The Fort Short Term TF1 Leisure led uses, including hotel, cinema and winder garden with gallery space, retail and residential opportunities This surface car park site is owned by the Isle of Man Government. There is existing developer interest in acquiring the site for a leisure led mixed use development. Such development accords with the objectives of this masterplan and the Government should commence marketing the site. It is recommended that the site is sold subject to a development agreement to ensure that the Government's objectives for the site are realised and that the selected developer meets a pre-agreed development programme. TF2 Potential for marshalling yard extension and multistorey car park for The Fort development The marshalling yard is owned by the Steam Packet Company. The Government should work with the Steam Packet Company to explore and agree objectives and strategy for the redevelopment of the marshalling yard. In the first instance the Government should engage with the Steam Packet Company to understand their objectives and potential appetite to develop. If the Steam Packet Company shares cannot find common ground with the Government, the two parties could work together to procure a single development partner for the marshalling yard and neighbouring Lord Street site (QS1/TF1). Through their planning and development management functions the Government should encourage and facilitate the redevel
General Policy 2
Isle of Man Strategic Plan 2007
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
Environmental Policy 42
Isle of Man Strategic Plan 2007
pment. 8.13.2 The extent of formal open space with in settlement boundaries in the South is identified on the Proposals Map (Map 3) and Inset Maps (Maps 4-7). The Isle of Man Strategic Plan (Environment Policy 42) seeks to protect these open spaces and indicates that: 8.13.3 "Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a partic ular area will not be permitted.''
Transport Policy 7
Isle of Man Strategic Plan 2007
Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7. 11.5.4 New development can have a significant impact in terms of the traffic generated by it and the impact on the various modes of travel. The Department considers that proposals which are likely to be significant traffic generators should be accompanied by a Transport Assessment(1) which should look at all modes of transport including access by public transport, cycling and on foot.
