31 January 2006 · Committee
The Courtyard Ltd, The Courtyard Office, Arbory Street, Castletown, Isle Of Man, IM9 1dq
Permission was granted for a large mixed-use development in the centre of Castletown, covering Callows Yard and several properties on Malew Street and Arbory Street. The scheme proposed 14 houses, 10 apartments, 3 maisonettes, 9 retail units, a coffee shop, a town square, a public garden, and a stone arch bridge, with a new public thoroughfare linking Arbory Street and Malew Street. The whole site falls within Castletown's Conservation Area and is designated for mixed use under the adopted local plan. The officer's report identified several planning concerns, including the inability to meet on-site car parking demand from the new uses, the demolition and taller replacement of 16 Arbory Street, infilling of arched apertures, dormer installations, potential overlooking from balconies on 24 Arbory Street, and the density of housing proposed in the rear yard. The planning committee approved the application on 7 April 2006, in line with the officer's recommendation, subject to eight conditions.
The planning committee approved the application at its meeting on 7 April 2006, subject to eight conditions. The officer also recommended approval. The site lies within Castletown's Conservation Area and a Mixed Use zone, and the committee considered the proposal acceptable despite identified concerns around car parking, the demolition of 16 Arbory Street, and the density of housing in the rear yard.
Policy 2.3 Douglas Local Plan
potential for development as retail use
9.18 0.67 9.29 1.78 +0.98 Children's 0.03 0.06 0.17 0.07 0.06 0.05 0.07 0.06 -0.54 Outdoor Pitches 0.84 0.55 0.05 0.89 0.00 0.51 0.00 0.61 -1.19 Overall Supply 1.67 4.59 2.59 2.03 9.24 0.94 9.36 2.39 -0.75 The Table above showing open space and recreation figures demonstrate some deficits in provision across the local authority areas and highlights where new provision may need to be provided as part of future development schemes. For example, it shows that the East of the Island has a generally high level of amenity space but has a lower level of sports pitch provision. It is important to note that access to any kind of amenity space crosses Local Authority boundaries and residents living in one area may be regular users of amenities such as open space in neighbouring areas. In addition, these figures do not account for the differing demographics of each area and the population within distinct age groups has not been considered. Table 11 does not assess the usage of facilities or current sporting trends or outdoor pursuits that do not require sports pitches. Isle of Man Sport is conducting their own Island wide study as to existing sports provision and usage. Open Space and Community Proposal 1 Areas for residential growth identified in this Plan must take account of the needs for neighbourhood centres which will protect sufficient space for community health services and other social facilities. These could be provided within existing development, identified sites or on Strategic Reserves as part of an overall master planned approach. Open Space and Community Proposal 2 Land needed for additional education centres including new primary and secondary education schools within the lifetime of the plan will be protected from any other development until such time as full requirements for extended settlements are known . Any need for new schools will take account of the suitability of land on the Strategic Reserves Sites identified in this Plan. Open Space and Community Proposal 3 Any land identified throughout the course of this P lan as being suitable for new community/education facilities must take into account the relationship of the site to the TT Course. This is in order to ensure suitable access arrangements for the public and for emergency vehicle access at times of road closures. Open Space and Community Proposal 4 The row of ten residential properties on the northern side of School Road (adjacent to the southern boundary of the Isle of Man College ) shall remain as predominantly residential use until such time as plans have been approved to redevelop this area for educational purposes as part of the continued development of the Isle of Man College campus site on Greenfield Road. Any planning application will need to set out whether or not the existing public sector properties are to be replaced elsewhere within the town or there will be a net loss to the overall public sector provision as a result of the development scheme to expand the College campus. Open Space and Community Proposal 5 The Park Road Site ( DH039g) would be acceptable as a replacement school site for Scoill Yn Jubilee. This is , however, subject to the two Scoill Yn Jubilee sites remaining for educational/school use until such time as it can be demonstrated that the educational needs of this area can be adequately accommodated on the Park Road site over the lifetime of the Plan. Open Space and Community Proposal 6 In view of the capacity problem in primary schools in parts of the East, land in Baldrine identified as Site GM001g on Map 9 Baldrine (field numbers 614733 and 614729) shall be allocated for educational purposes. No part of this site shall be used for residential development. Development Brief 1. The site shall be reserved for Educational use. 2. Any planning application for the development of any part of the site must be accompanied by a Masterplan for the whole of that site. This must show all spatial elements, including areas intended for education buildings, open spaces, sports pitches, landscape areas, parking and circulation arrangements. 3. The northerly field, 614729 is more visible and prominent than the lower field. Buildings should be concentrated in field 614733 and field 614729 should remain free from buildings with playing fields and public open space included on this part of the site. 4. Development of a new school on this site must provide suitable access points to the Main Road. 5. A Travel Plan must be submitted as part of any planning application which sets out a strategy for the delivery of sustainable transport objectives, and demonstrates how these are to be achieved and updated over time. 6. Development of a new school on this site should ensure incorporation of adequate drainage measures. 7. There must be no net loss of biodiversity as a result of the development of this site. 8. An Environmental Impact Assessment will be needed for any development proposed on this site. Open Space and
The section between Arbory Street and Malew Street is seen as having potential for the creation of a mall between the two streets
potential for the creation of a mall
ites are areas of open land, in a rural area, on either side of the A25 at Oak Hill. They are both owned by Mr and Mrs C Atkinson. Site BH016, on the south side of the road, has an area of about 2.4ha. Its allocation was sought for development with a single dwelling. Site BH017, on the north side of the road, has an area of about 15ha. Its allocation was sought for the development of five dwellings. 444 My attention was drawn to Section 8.8 of the Strategic Plan, which concerns the possibility of adding to existing groups of houses in the countryside. I deal with that matter in paragraphs 237 to 240 above. 445 Strategic Policy 2 of the Strategic Plan states that new development will be located primarily within existing towns or villages, or, where appropriate, in sustainable extensions to those settlements. Development in the countryside will be permitted only in defined exceptional circumstances, none of which appear to apply in either of the present cases. In my view, the proposed allocation of Sites BH016 and BH017 would be contrary to this Strategic Plan policy, as they are neither in an existing settlement, nor in a sustainable extension to such a settlement. Development on either of these sites would detract from the rural character of this area. Prospective residents would have to travel some distance for a range of everyday activities, and would probably be heavily reliant on car transport, contrary to Strategic Policy 10 of the Strategic Plan. Accordingly, I recommend that no action be taken in response to these objections. Site BH021 - Ballaveare Farm, Old Castletown Road, Port Soderick 446 This undeveloped site of about 1.15ha is zoned as open space (agricultural) in the Braddan Local Plan 1991. It is not within, or close to, any of the settlements listed in Spatial Policies 1 to 4 of the Strategic Plan. However, it is within a loose knit scatter of sporadic residential development along Old Castletown Road. I note that in the past, planning approvals have been granted for the replacement of dwellings in this area with larger residential buildings. The objector, Mrs G Kingston, sought the allocation of Site BH021 for residential development, citing Section 8.8 of the Strategic Plan, which deals with 'Groups of Houses in the Countryside'. 447 The draft Area Plan identifies no 'Groups of Houses in the Countryside' in which additional housing is proposed, and I set out my general conclusions and recommendation with regard to this matter in paragraphs 237 to 240 above. Strategic Policy 2, Spatial Policy 5 and Housing Policy 4 of the Strategic Plan each state that new housing will be permitted in the countryside only in specified exceptional circumstances, none of which apply to Site BH021. I consider this site to be in the countryside. Accordingly, I do not support its allocation for residential development. I recommend that no action be taken in response to this objection. Site BH022 - Colooney's Road, Braddan 448 Site BH022 is an undeveloped area of about 1.7ha, lying to the west of the junction between Cooil Road and Colooney's Road. There is an existing dwelling, 'Glebe Cottage', immediately to the west of this crossroads. On its south-eastern side, the site has a frontage to Colooney's Road. On the opposite side of Colooney's Road, there are two or three residential properties, and then open fields. To the south-west and north-west the site abuts open countryside. To the north-east, it has a frontage to the A24, beyond which is open countryside. The site is outside the Existing Settlement Boundary of Douglas as shown in the draft Area Plan. 449 The promoters of this site, Ellis Brown, revised their original proposal and sought the allocation of plots for three dwellings, along part of the site's frontage to Colooney's Road, adjacent to 'Glebe Cottage'; and the extension of the settlement boundary to include these plots. They pointed out that residential development here would be close to public transport services; and would benefit from easy access, on foot of by bicycle, to the neighbouring employment areas in the Cooil Road and Nunnery corridors. It would also offer good access to Douglas, without the need to negotiate the congested Quarterbridge junction. It would be on the fringes of the existing Active Travel Zone, and would be within any future such zone, based on the Cooil Road employment area. Allocation of this site would provide an opportunity for the development of three individual, one-off houses, thereby adding to the choice of housing available. 450 These are cogent arguments. However, Site BH022 is in a rural area, and is not contiguous with the existing boundary of any settlement. Its development would consolidate a cluster of isolated buildings, rather than constitute the extension of an existing urban area. Strategic Policy 2 of the Strategic Plan states that new development will be located primarily within existing settlements, or in sustainable urban extensions to towns and villages; and that development in the countrys
The area between Arbory Street and Malew Street should be developed for retail purposes at ground level with the option of hotel/tourism development on upper levels and a pedestrian link between the two streets should be established.
should be developed for retail purposes
12.2.10 In addition to alternative sources of energy supply, the Strategic Objectives in Chapter 3 refer to the promotion of efficiency and economy in the use of resources and the reduction of energy consumption by more efficient use of energ y through energy conservation, recycling and waste reduction. There are numerous ways of increasing energy efficiency and reducing energy consumption both in the design and construction of new development and its subsequent operation, management and maint enance. The Building Regulations set standards for energy efficiency in new construction including, walls, windows, roofs and heating appliances. But the design and layout of new development can in themselves reduce energy consumption through for example Passive Solar Estate Layouts (1). Added to this are the various solar panel, photovoltaic cell, solar energy and heat pump technologies.
the introduction of housing into the town itself will be encouraged but will require to be to a suitably high standard of design in line with the Conservation Area policy.
introduction of housing into the town itself will be encouraged
on must be accompanied by suitable supporting environmental information. Site Number Site Name/Description Site Size See Maps Land Use Allocation DH008s Land adjacent to Ellenbrook, Douglas 5.41 ha 3, 4 Strategic Reserve - Predominantly Residential Inquiry Report comment (paragraph 466) "Development of this site would undoubtedly result in a loss of countryside, and have a visual impact which some local residents may find regrettable. However, in my view, it would have considerable advantages in terms of sustainability. I recommend that Site DH008 should be shown in the Area Plan as strategic reserve land for possible future residential development." Development Brief 1. The site shall be used for predominantly residential uses. 2. There are no other specific development brief requirements associated with this site as adequate guidance is set out by the Isle of Man Strategic Plan Policies and the Proposals set out in this Plan. Land north of Ballachrink, Onchan Site Number Site Name/Description Site Size See Maps Land Use Allocation OH011s Land at Ballachrink, Onchan 9.9 ha 3, 4 and 6 Strategic Reserve - Predominantly Residential Inquiry Report comment (paragraph 330) "I do not consider that this extension to the urban area of Onchan would be immediately necessary. However, in my view, Site OH011 could contribute to the provision of additional housing, if required in future, subject to there being an adequate supply of primary school places; subject to the introduction of measures to mitigate peak hour traffic congestion; and subject to the resolution of local drainage problems." Development Brief 1. The Site Assessment Framework Report identified potential for landscape and environment impact which would require mitigation. Given this Report and the scale of potential development on this site, an Environmental Impact Assessment will be required as part of any detailed application. 2. Given the sloping topography of the site, any proposals must demonstrate that this has been taken into account and any detailed applications must include section drawings across the site. 3. Landscaping plans must accompany any detailed planning application . These will form an important part of the approach to softening the visual impact of any development as seen from the Creg Ny Baa and Ballacottier Road. Plans must demonstrate clearly how siting and layout has taken into account the existing development to the south of the site so as not to have an unacceptable impact on residential amenity. Landscaping and sensitive siting will be particularly important along this boundary. 4. Access into and through the site to the must be fully explored ahead of any planning application. This includes pedestrian/cycling/bus links and advice should be taken from the Highways Division of DOI on these matters. Surface Water 5. The developer's proposals for disposal of surface water from any development on this site would be reviewed in detail to ensure it complies with Manx Utilities requirements. Surface water will be required to be attenuated onsite with discharge flows restricted to not more than greenfield runoff before discharging into a suitable watercourse. Land at Camlork (Field 521518) Site Number Site Name/Description Site Size See Maps Land Allocation BH031s (Field 521518 only) Camlork, Braddan 5.73 ha 3, 4 and 8 Strategic Reserve - Predominantly Residential Inquiry Report comment (paragraph 283 and 288) 283 "In my view, a smaller residential development on the westernmost of the four fields at Camlork, would be reasonably well contained between the built -up area of Union Mills to the south and the existing ribbon of development along Trollaby Lane to the west, and would have a limited visual impact." 288 "… I consider that the westernmost of the four fields at Camlork should be shown as a Strategic Reserve Site with a capacity for about 50 dwellings. This would allow for a 6. It is known that the existing properties on the adjacent Ballachrink residential development currently drain to soakaways. Manx Utilities does not consider that the use of soakaways on any new development (OH011) to be suitable and as such all flows must be attenuated and discharged to a watercourse as stated above. 7. The use of Sustainable Urban Drainage Systems (SuDS) is a work stream that is being considered by the Government's Environmental Climate Change group. The outcome of this study may require the use of SUDS to be applied on all development sites. Foul Sewage 8. Context - Unless specifically designed, it is uncommon for the existing foul and surface water sewers around the peripher y of drainage catchments to have been sized to receive flows from additional developments. Historically, developments have been connected to existing foul sewerage system without fully considering / understanding the impact on the downstream system network; this has occasionally resulted in surcharging of sections of the combined s
discretion in the provision and location of parking may therefore need to be exercised
discretion in the provision and location of parking
A.7.6 Parking Standards Type of Development Car Parking Standard Typical Residential 2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling. Residential Terraces 2 spaces per unit, if not within curtilage then located as close to units as possible without compromising residential amenity. Parking spaces should not be provided in front of the dwellings where this would result in a poor outlook for residents and would detract from the amenity of the area. Apartments 1 space for 1 bedroom; 2 spaces for 2 or more bedrooms Sheltered Housing 1 space per 3 units. Town centre and brownfield residential development Typical residential standard may be relaxed in accordance with paragraph A.7.1 above. Nursing, rest, and care homes 1 space per 3 residents in addition to spaces for staff and deliveries. Offices 1 space for every 50 square metres of nett floor space. Out of town offices 1 space for every 15 square metres of nett floor space. Town centre shops Space for service vehicle use. Neighbourhood shops Spaces for staff, customers, and service vehicles will be required. Light industrial, research and development 1 space per 30 square metres nett floor space. General industrial 1 space per 50 square metres gross floor space. Storage and distribution 1 space per 100 square metres gross floor space. Medical / health services 3 spaces per consulting room plus staff parking. Hotels, motels, guest houses 1 space per guest bedroom. In rural and suburban l ocations. In urban locations standards may be relaxed as (d) below Assembly and leisure (includes cinemas, meeting halls, swimming baths, leisure centres, and the conference and leisure facilities of hotels) 1 space per 15 square metres gross floor space. These standards may be relaxed where development: (a) would secure the re -use of a Registered Building or a building of architectural or historic interest; or (b) would result in the preservation of a sensitive streetscape; or (c) is otherwise of benefit to the character of a Conservation Area. (d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality. APPENDIX 8 EXISTING, APPROVED AND NEW DWELLINGS BY LOCAL AUTHORITY AREA Local Authority Area Number of private households 2011* % of Island Total New dwellings approved 2001 - 2011 (valid approvals) % of Island total New dwellings started or completed 2001 - 2011 % of Island total North Ramsey 3,530 9.9 657 12.7 568 12.7 Andreas 595 1.7 105 2 102 2.3 Jurby 264 0.7 26 0.5 24 0.5 Ballaugh 438 1.2 21 0.4 15 0.3 Bride 168 0.5 12 0.2 10 0.2 Lezayre 510 1.5 62 1.2 51 1.1 Maughold 403 1.1 17 0.3 13 0.3 Total 5,908 16.6 900 17.3 783 17.4 East Douglas 11,702 32.9 1724 33.4 1407 31.5 Onchan 3,993 11.2 230 4.5 222 5 Braddan 1,350 3.8 260 5 256 5.7 Laxey 716 2 46 0.9 18 0.4 Lonan 621 1.7 95 1.8 88 2 Marown 885 2.5 96 1.9 84 1.9 Santon 283 0.8 10 0.2 10 0.2 Total 19,550 54.9 2461 47.7 2085 46.7 West Peel 2,168 6.1 763 14.8 719 16.1 Michael 682 1.9 75 1.5 74 1.6 German 433 1.2 17 0.3 12 0.3 Patrick 604 1.7 91 1.8 89 2 Total 3,887 10.9 946 18.4 894 20 South Castletown 1,353 3.8 298 5.8 294 6.6 Port Erin 1,631 4.6 198 3.8 173 3.9 Port St. Mary 860 2.4 146 2.8 79 1.8 Rushen 675 1.9 46 0.9 44 1 Arbory 758 2.1 86 1.7 49 1.1 Malew 977 2.8 81 1.6 68 1.5 Total 6,254 17.6 855 16.6 707 15.9 Total 35,599 100 5162 100 4469 100 *Source: Isle of Man Census 2011 APPENDIX 9(1) ISLE OF MAN EMPLOYMENT LAND AVAILABILITY 2007 SUMMARY Available Land (ha) South Port Erin 0.24 Malew 49.18 Sub Total - South 49.42 East Douglas 5.22 Braddan (2) 28.07 Onchan 3.65 Sub Total - East 36.94 North Ramsey 10.40 Lezayre 0.47 Jurby 8.25 Sub Total - North 19.12 West Patrick / Peel 10.4 Sub Total - West 10.4 TOTAL 115.88 (1) Source: Employment Land Availability Study DLGE 2007 (2) This figure includes 20 ha proposed by the DLGE at Cooil Road
any future development of the area between Arbory Street and Malew Street will be required to incorporate the maximum car parking provision which is feasible in this area
required to incorporate the maximum car parking provision
the manner in which the Department intends to deal with applications whi ch should be subject to EIA. In the interim the Department will adopt current practice from England and Wales (see Section 7.19). The Need for EIA A.5.2 It is proposed that the following types of development would require EIA in every case: (a) Agricultural and aquaculture Installations for the intensive treatment or rearing of poultry or pigs Major water management projects for agriculture, including irrigation and land drainage projects (this excludes routine water management projects undertaken by farmers) Intensive fish farming installations (b) Extractive industry Quarries Surface industrial installations for the extraction of materials (c) Energy industry Thermal power stations and other thermal installations Surface storage of natural gas Underground storage of combustible gases Surface storage of fossil fuels Industrial briquetting of coal and lignite Installations for the harnessing of wind power for energy production (d) Production and processing of metals Manufacture and assembly of motor vehicles and manufacture of motor-vehicle engines (e) Mineral industry Any installation for the manufacture of cement, glass, for the smelting of mineral substances and manufacture of ceramic products by burning (f) Chemical industry Production of chemicals, pesticides or pharmaceutical products, paints, varnishes, elastomers and peroxides Installations for the storage of petroleum, petrochemical or chemical products (g) Food industry Manufacture of vegetable and animal oils and fats Packing and canning of animal and vegetable products Manufacture of dairy products Brewing and malting Confectionery and syrup manufacture Installations for the slaughter of animals Industrial starch manufacturing Fish meal and fish oil factories (h) Textile, leather, wood and paper industries Industrial plants for; * the production of pulp from timber or similar fibrous materials * the production of paper and board (i) Infrastructure projects Urban development projects including the constr uction of shopping centres and car parks, sports stadiums, leisure centres and multiplex cinemas Construction of new railway lines and re-opening of disused railway lines Major road widening schemes Dams or other installations designed for the holding back or permanent storage of water Oil and gas pipeline installations with a diameter of more than 800 millimetres and a length of more than 5km unless constructed underneath a road or installed entirely by means of tunnelling Coastal work to combat erosion an d maritime works capable of altering the coast through the construction of for example dykes, moles, jetties and other sea defence works, excluding the maintenance and reconstruction of such works (j) Other projects Installations for the disposal of wa ste including incinerators of any size (including pet incinerators) and landfill sites Storage of scrap iron including scrap vehicles Ski-runs, ski-lifts and associated developments Marinas Holiday villages and hotel complexes outside urban areas and associated developments Permanent camp sites and caravan sites Golf courses and associated development Residential development of more than 30 homes and commercial development of more than 500sq metres outside identified settlements. APPENDIX 6 OPEN SPACE REQUIREMENTS FOR NEW RESIDENTIAL DEVELOPMENT Introduction A.6.1 All residential development creates a need for open space, whether located in an urban or rural area, the purpose of this Appendix being to assist people in making planning applications to identify the open space requirements in relation to their proposal. A.6.1.1 The exact open space requirement will depend on the individual circumstances and nature of each planning application. Applicants are asked to note that all new residential d evelopment must provide adequate standards of residential amenity, including private open space such as gardens or shared amenity spaces for apartments, and bin storage areas. Meeting the open space requirement in this Appendix does not exempt applicants f rom providing adequate private open space. A.6.1.2 It is not considered feasible to request smaller residential developments to make provision for open space either through on -site provision or by way of a commuted sum payment. Therefore, planning applications for the development of ten dwellings and above will have to make provision for open space. A.6.1.3 In order to adequately undertake an assessment, it is considered important to have a clear understanding of what is meant by the term "outdoor playi ng space" and how it differs from "open space". The widely accepted definition of outdoor playing space is: A.6.1.4 An area that is safely accessible and available to the general public, and of a suitable size and nature, for sport, active recreation or children's play. A.6.1.5 Wi
Condition 1
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Condition 2
This permission relates to the demolition of the existing buildings and walling and the redevelopment, alterations and extensions and the erection of new housing all as shown in drawings 1539/1 received on 11th August, 2005 and drawings 05/01539/B
Condition 3
Prior to the commencement of work on site, including demolition, the applicant must have approved by the Planning Authority a scheme for the demolition of the buildings including investigative works required to record any material of archaeological or architectural significance and based on detailed drawings of the existing structures.
Condition 4
Prior to the demolition of any structures, the applicant must undertake a full photographic survey thereof.
Condition 5
Prior to the installation of any shop fronts, windows or doors, the applicant must have approved by the Planning Authority details of such elements including sections through the frames and details of all glazing bars and materials.
Condition 6
All limestone to be used in the scheme must be such reclaimed from those buildings within the site which are to be demolished.
Condition 7
All new roofing must be finished in dark natural slate to match that on existing adjacent roofing.
Condition 8
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.