29 January 2025 · Committee
1, Westhill Avenue, Castletown, Isle Of Man, IM9 1hu
This application sought permission to erect 133 dwellings with associated drainage and access at the School Hill/Westhill Estate in Castletown, Malew. The proposal represented amendments to an earlier planning permission granted under reference 19/00961/B. The planning committee approved the application on 29 January 2025. The officer had recommended approval subject to a legal agreement. Key issues examined during the assessment included the visual impact of the development, its effect on the amenity of the surrounding area, and highway safety. The decision was made with 13 conditions attached.
The application was approved by committee on 29 January 2025. The officer recommended approval subject to a legal agreement, and the committee determined to permit the development. Key planning issues considered included visual impacts, amenity impacts, and highway safety impacts.
re-use of existing sites
Isle of Man Strategic Plan 2016
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
good design and regeneration of existing sites
Isle of Man Strategic Plan 2016
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:
regeneration
Isle of Man Strategic Plan 2016
Strategic Policy 12: Favourable consideration will generally be given to proposals for improving the quality and condition of the existing housing stock and for the creation of flats by conversion of redundant boarding houses, and vacant or under -used space above commercial premises subject to compliance with detailed standards (see section 8.13). CHAPTER 5 ISLAND SPATIAL STRATEGY 5.1 Implementation of the Government's core purpose "to maintain and build on the high quality of life enjoyed by the Island's community" as set out in Chapter 2 requires many policy measures including, from the Department, a new Development Plan with this Strategic Plan as the over arching policy framework. To guide the physical development of the Island up to 2016 requires an Island Spat ial Strategy (ISS) (1). The ISS provides a framework for strategic choices in relation to development and infrastructure investment. It will also assist private sector investment decisions. It provides a degree of continuity with existing policy but sets new directions to achieve a more sustainable pattern of development in the interests of future generations. It will also assist in the setting of priorities for future investment. 5.2 The starting point of any spatial strategy has to be a review of the e xisting settlement and development pattern of the Island. The very fact that we are an Island nation sets us apart from most of the regions of the British Isles which share physical boundaries with other regions and jurisdictions. The Island comprises a number of distinctive areas which have evolved from the natural landscape and the settlement of the Island. Generally, each area is based on a principal town which supports a range of employment and service provision serving a rural catchment area including smaller villages or hamlets. 5.3 The four areas are: Douglas and the East. Focused on Douglas (population 26,000 (2)) the wider area encompasses Douglas, Onchan, Braddan, Marown, Santon, Laxey and Lonan with a total population of 45,000 comprising over 55% of the Island's population. At the time of the 2001 Census some 23,000 (nearly 60%) of the Island's 39,000 employed population worked in Douglas. A further 2200 (5.7%) worked in Braddan and some 1400 (3.6%) in Onchan. Ramsey and the North. Focused on Ramsey (population 7,300) the rural catchment area encompasses Andreas, Ballaugh, Bride, Jurby, Lezayre and Maughold with a combined population of just under 13,000. In 2001 nearly 2500 (6.4%) of the employed population worked in Ramsey. Peel and the West. Focused on Peel (population 4,200) the rural catchment area encompasses Patrick, German and Michael which, although including the villages of St John's, Kirk Michael, Dalby, Glen Maye and Foxdale, only creates a combined population of some 8,200. In 2001 just over 1000 (2.7%) of the employed population worked in Peel. The South. This is made up of a network of settlements, with Castletown, Port Erin and Port St Mary having populations of between 2,000 and 3,500 and Ballasalla, Colby and Ballabeg, giving a total population of some 14,200. Castletown provides the major business centre and the Ballasalla Industrial Area, the Airport and Freeport is one of the major strategic employment centres for the Island. (1) Island Spatial Strategy is defined in Appendix 1 (2) Isle of Man 2006 Census In 2001 some 2300 (6.1%) of the employ ed population worked in Malew. Some 1400 (2.7%) worked in Castletown. 5.4 This area framework is supported by a strategic transport network which comprises a radial pattern of roads converging on Douglas with links between the main towns and villages around the coast. 5.5 Thus the current spatial framework is characterised by four areas each with a main centre or, in the case of the south, a series of smaller centres, with the strategic transport network providing the links between all parts of the Island. These form a family of settlements which provide a hierarchy of employment and service centres across the Island. The size of some of these settlements presents challenges in terms of maintaining the current level of services in the future. Over the years this area framework has been supported by Government in terms of public service provision of education, healthcare and leisure. Area Plans for each of the four defined areas will be prepared during the next 4 to 5 years. 5.6 The Consultation Draft ( 2000) introduced the concept of a new settlement as a means of accommodating new housing provision but this idea was rejected by the Department in the Draft Strategic Plan (2001) in favour of a policy of containment around existing urban areas (see Appendix 3 ). The Strategic Aim, Objectives and Policies provide the framework to develop the existing spatial framework into a Spatial Strategy. Spatial Vision 5.7 The Strategic Objectives and Strategic Policies direct that the focus of new development should be within existing towns and villages or in sustainable urban extensions, avoiding coalescence of settlements and maintaining their local identity. This translates into a Spatial Vision that by 2016 the Island's communities will have become more sustai nable, prosperous, safe, healthy and vibrant. People from all sections of society will have been provided with better access to a range and choice of homes, jobs and services. This will have been achieved in ways that reduce the impact of society on the environment, improve the quality of design and the built environment and enhance the Island's natural environment and heritage assets. 5.8 In order to achieve this 'Spatial Vision', a framework is required as part of the Island Spatial Strategy for the future development of the Island based on service CENTRES, key transport LINKS and the main GATEWAYS of ports and Ronaldsway Airport (see Key Diagram). The CENTRES comprise a hierarchy of service provision with Douglas, the capital of the Island, seat of Government and headquarters for most of the Island principal businesses and retail stores, as the MAIN CENTRE. Ramsey, Peel, Onchan, Castletown and Port Erin act as SERVICE CENTRES for their respective hinterlands. Below these are a series of SERVICE VILLAGES made up of Laxey, Jurby, Andreas, Kirk Michael, St Johns, Foxdale, Port St Mary, Ballasalla and Union Mills. Finally, there are a number of smaller settlements with little or no service provision which rely on the other centres for various services. These comprise: Bride Glen Maye Sulby Dalby Ballaugh Ballafesson Glen Mona Colby Baldrine Ballabeg Crosby Newtown Glen Vine Strang The only major employment area outside the CENTRES is that based on the Ronaldsway and Ballasalla Industrial Estates and the Freeport but these are adjacent to Ballasalla and Castletown. The aim of the CENTRES, LINKS and GATEWAY approach is to give a strategic focus to future development and achieve balanced growth on the Island by developing: the key transport links as the skeletal framework for future physical development and the primary links to and between the gateway ports and the airport; a compact and dynamic eastern area centred on Douglas, the major gateway and the focus of the strategic transport network; area service centres in the north and west based on Ramsey and Peel using regeneration opportunities to strengthen their employment and service base; and a network of local centres in the south with new development focused on the regeneration of existing centres but recognising the growth potential around Ballasalla and the Airport Gateway. 5.9 In the Douglas and the East Area the focus of development will continue to be in and around D
directs development to existing key centres including Castletown
Isle of Man Strategic Plan 2016
general standards towards acceptable development
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
affordable housing
Isle of Man Strategic Plan 2016
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.
replacement housing
Isle of Man Strategic Plan 2016
Housing Policy 18: Applications which would involve the loss of existing housing which is fit for habitation or which could be made fit at reasonable cost will not usually be approved unless accompanied by firm proposals for replacement housing. CHAPTER 9 BUSINESS & TOURISM CONTENTS 9.1 Introduction 9.2 Industry, Storage and Distribution 9.3 Commerce 9.4 Retailing 9.5 Tourism CHAPTER 9 BUSINESS AND TOURISM 9.1 Introduction 9.1.1 The Government's central policies include the pursuance of "manageable and sustainable growth based on a diversified economy" and ensuring that "the Island has a population which is sufficient in skills to serve the needs of the community and the economy". These policies have enabled the Department to formulate the Strategic Economic Objectives set out in Chapter 3 (at paragraph 3.4). 9.1.2 Having regard to these Objectives, the Department has proposed Strategic Economic Policies in Chapter 4 (at paragraph 4.4). In terms of their impact on employment, these policies may be combined to produce the following single general policy:-
amenity
Isle of Man Strategic Plan 2016
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 for development
Isle of Man Strategic Plan 2016
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.
appropriate and safe highway provisions
Isle of Man Strategic Plan 2016
Transport Policy 2: The layout of development should, where appropriate, make provision for new bus, pedestrian and cycle routes, including linking into existing systems. 11.2.5 The Island is fortunate to have an historic vintage rail network, which includes the Isle of Man Steam Railway, the Manx Electric Railway, the Snaefell Mountain Railway, the Groudle Glen Railway and the horse trams which run along Douglas Promenade. Development on or around the rail network should not compromise its attraction as a tourism and leisure facility or the potential for increased use as a public transport system, for examp le as a means of travelling to work. 11.2.6 In addition to the present rail network there exist former railway routes, most notably between Douglas and Peel and from Peel to Ramsey. These trackbeds are predominantly utilised as public footpaths and in som e cases as cycleways as well. A number have been designated utility service corridors which may affect their potential as public transport routes. They should be protected from development which would diminish their attraction or potential as public transport routes.
highway provisions
Isle of Man Strategic Plan 2016
Transport Policy 4: The new and existing highways which serve any n ew development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan. 11.3.2 Notwithstanding policies within this plan which encourage travel by means other than private car it is anticipated that the number of vehicles using the Island's roads will continue to increase. This increase in demand is likely to lead to a greater need for road impro vements in order that travel can take place in a safe, effective, and environmentally acceptable manner. The Department of Transport will continue to assess the need for such improvements to public highways and undertake works where appropriate, with much of the improvement within existing roads carried out under the provisions of the Town and Country Planning (Permitted Development) Order2005. The need for improvements to the Island's highway network must be balanced against the environmental objectives of this plan.
highway provisions
Isle of Man Strategic Plan 2016
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.
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
Fencing and boundary treatment shall be carried out in full accordance with drawing number SC1536/P/10-05 Rev B and SC1536/P/10-02 Rev D and retained as such thereafter.
Condition 3
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012, or any such Order superseding this, no wall or fence may be erected other than those approved in this application, where the fence or wall would sit between any dwelling and a highway including pedestrian routes within the site.
Condition 4
No site clearance, preparatory work or development shall take place until the tree protection measures are installed in accordance with those details shown on drawing SC1536/P/10-05 Rev B and SC1536/P/10-02 Rev D. The protective measures shall remain in place until the development is complete unless otherwise approved in writing by the Department.
Condition 5
Prior to the occupation of the last dwelling, the cycle parking shall be installed and provided in accordance with the details shown on drawing SC1536/P/10-02 Rev D and shall be retained for such purposes thereafter.
Condition 6
Prior to the occupation of any dwelling, the respective car parking for that dwelling must be provided in accordance with SC1536/P/10-02 Rev D and thereafter retained free and available for parking purposes.
Condition 7
Prior to the occupation of the last dwelling the traffic calming measures shall be installed in full accordance with SC1536/P/10-02 Rev D and retained as such thereafter.
Condition 8
Prior to the occupation of the last dwelling, the EV charging shall be installed and provided in accordance with the details shown on drawing SC1536/P/10-06 Rev A and SC1536/P/10-02 Rev D and shall be retained for such purposes thereafter.
Condition 9
Prior to the occupation of any dwelling the respective wheelie bin store for that dwelling shall be provided in full accordance with those details shown on SC1536/P/10-03 and retained thereafter.
Condition 10
The hardstanding connection from Westhill Avenue to the bus stop on the A5 as shown on SC1536/P/10-02 Rev D shall be completed prior to the occupation of the first dwelling in Phase 3 of the site and retained thereafter.
Condition 11
Notwithstanding the wider site detail shown on drawing BBC ZZ DR 311 C02, approval of this drawing relates only to the details given for the highway alignment and highway level details specified. The highway alignment and levels must be carried out in full accordance with the details and retained as such thereafter.
Condition 12
Notwithstanding the wider site detail shown on drawing BBC ZZ DR 312 C01, approval of this drawing relates only to the details given for the highway contours specified and any works relating to highway contours shall be carried out in full accordance with the details provided and retained as such thereafter.
Condition 13
Prior to the commencement of any works relating to dwellings within Phase 2 or Phase 3 (which ever is the sooner), details of the layout of the Public Open Space including any children's play equipment and landscaping, and including a schedule of implementation shall be submitted to the Department for approval. Any works relating to the Public Open Space shall be carried out in full accordance with the approved details and maintained thereafter.