Decision Notice

Savage & Chadwick Armitage House Lord Street Douglas Isle Of Man IM1 1LE

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Castletown Commissioners, Ref 23/00823/B, for the Erection of 133 dwellings with associated drainage and access (Amendments to 19/00961/B) at School Hill/Westhill Estate Castletown Isle Of Man .

Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes).

• 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• 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.

Reason: to ensure that the boundary treatment is appropriate for the character and appearance of the estate including pedestrian routes through the development and to align with those conditions satisfied under 19/00961/B.

• 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.

• Reason: to retain a pleasant and open estate as shown in the submitted plans.
• 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.

Reason: to ensure that the proposed tree retention is practicable and implemented that the retained trees are adequately protected throughout the construction period.

• 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. Reason: to support active travel and sustainable transport.
• 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. Reason: to ensure off road parking is available in the interest of highway safety.
• 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.

Reason: in the interests of highway safety and to align with the satisfied conditions of 19/00961/B.

• 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. Reason: to support sustainable travel.
• 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. Reason: in the interest of suitable bin provisions for each dwelling.
• 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. Reason: in the interest of highway safety and access to the bus stop and sustainable travel.
• 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.

Reason: For the avoidance of doubt as the drawing shows other detail which relates to the original 19/00961/B and not to this current application and this drawing is being assessed for the highway alignment and levels only in the interest of highway safety.

• 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.

Reason: For the avoidance of doubt as the drawing shows other detail which relates to the original 19/00961/B and not to this current application and this drawing is being assessed for the highway contours only in the interest of highway safety.

• 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. Reason: To ensure the Public Open Space is provided in the interest of public amenity.

This approval relates to the following information and drawings all date received 07/07/2023 unless otherwise stated below:

• o SC1536/P/00-01 Site Location Plan
• o SC1536/P/00-10 Existing Site Plan
• o SC1536/P/10-01 Rev D Proposed Roof Plan
• o SC1536/P/10-02 Rev D Proposed Site Plan (21.08.2023)
• o SC1536/P/10-03 Wheelie Bin Refuse (21.08.2023)
• o SC1536/P/10-05 Rev B Indicating Planning Conditions
• o SC1536/P/10-06 Rev A EV Charging Points
• o SC1536/P/10-07 Rev B Proposed Site Plan Showing Highlighted Changes
• o SC1536-P 10-08 Proposed Affordable Housing Plan
• o SC1536/P/10-10 Rev B 2 Bed Bungalow
• o SC1536/P/10-112 Rev B 2 Bed House
• o SC1536/P/10-113 Rev B 3 Bed House (sheet 1)
• o SC1536/P/10-113 Rev B 3 Bed House (sheet 2)
• o SC1536/P/B15 10-11 Rev B 3 Bed Disabled Bungalow (11.07.2023)
• o SC1536/P/10-12 Rev B 2 Bed House
• o SC1536/P/10-13 Rev B 3 Bed house (sheet 1)
• o SC1536/P/10-13 Rev B 3 Bed House (sheet 2)
• o SC1536/P/10-14 Rev B 4 Bed House (sheet 1)
• o SC1536/P/10-14 Rev B 4 Bed House (sheet 2)
• o SC1536/P/10-15 Rev B Apartments (sheet 1)
• o SC1536/P/10-15 Rev B Apartments (sheet 2)
• o SC1536/P/10-16 Rev B Garages
• o SC1536/P-12-01 Rev B Proposed Street Elevation

• o SC1536/P/12-04 School Hill Avenue Visualisation
• o SC1536/P/12-05 Junction of Alexandra Road Visualisation
• o SC1536/P/12-06 Malew Street Visualisation
• o SC1536/P/12-07 Alexandra Road Visualisation
• o HMTC Stage 1 Road Safety Audit
• o HMTC Transport Assessment
• o Agent's Covering Letter
• o Design and Access Statement and the following date received 21/12/2023:
• o BB DWG NO. BBC ZZ DR 210 C05
• o BB DWG NO. BBC ZZ DR 211 C06
• o BB DWG NO. BBC ZZ DR 220 C02
• o BB DWG NO. BBC ZZ DR 221 C01
• o BB DWG NO. BBC ZZ DR 230 C03
• o BB DWG NO. BBC ZZ DR 231 C02
• o BB DWG NO. BBC ZZ DR 232 C02
• o BB DWG NO. BBC ZZ DR 310 C02
• o BB DWG NO. BBC ZZ DR 311 C02
• o BB DWG NO. BBC ZZ DR 312 C01
• o BB DWG NO. BBC ZZ DR 313
• o BB DWG NO. BBC ZZ DR 350 C02

NOTE For avoidance of doubt, the conditions supporting planning approval 19/00961/B which required submission of further detail (specifically 2. 4, 6 and 8), whilst all having been satisfied, the obligations are reiterated by this approval and must be further considered.

NOTE The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 12th February 2024- reiterated 13th January 2025. The issue of the decision notice has been triggered by the Section 13 agreement having been concluded. The 21 days for appeal (for those with Interested Person Status) runs from the date of the decision notice.

This decision has been made for the following reasons(s) The physical works relating to site layout changes are all considered to have an acceptable visual, amenity and highway safety impact and not to create any increased or unacceptable harm beyond the works already accepted under 19/00961/B and suitably worded conditions will be added to ensure works are carried out in accordance with the submitted details, and whilst there will be a loss of existing public sector housing from 101 to 94, the overall replacement and upgrading of 94 public sector houses along with redevelopment of the immediate surroundings including upgraded internal road networks and public space provision are circumstances that weight in favour of the scheme, and on an exceptional basis considered to

• outweigh the loss of 7 public sector houses in this specific case. Subject to conditions and a S13 securing the affordable housing the application is considered acceptable in line with Strategic Policies 1, 2 and 12, Spatial Policy 2, General Policy 2, Housing Policy 5, principles of Housing Polkicy 18, principles of Recreation Policies 3 and 4, Transport Policy 2 and principles of Transport Policies 4 and 7 of the Isle of Man Strategic Plan 2016.

Date of Issue: 29th January 2025

J CHANCE Director of Planning and Building Control

Guidance Note This decision was made by the Planning Committee in accordance with the authority delegated to it. This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation. A copy of the Officer’s report and any correspondence which informed the assessment and decision is available to view on the Government’s website (via https://pbc.gov.im/online-applications/)

Implementation The decision does not become final until either Any appeal has been concluded; or 21 days have passed since the date on this notice and no appeal has been submitted

Development must progress in accordance with the plans approved under, and any conditions attached to this approval (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation.

Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action.

Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain: the grounds for making the appeal; payment of the planning appeal fee (currently £355); and

if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £130). Where the appeal is submitted by the applicant they must:

specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and

Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated. An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application (should one have been received) may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice.