18 October 2018 · Planning Committee
Land Adjoining Far End, King Edward Road, Onchan, Isle Of Man, IM3 2au
The site is partially open coastal heath land sloping down to the sea at the western end of King Edward Road's built-up area in Onchan, with an existing access approved under prior permissions. The proposal seeks outline approval for an 80-bed care home, with indicative plans showing an L-shaped building over three flo…
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The officer assessed only the principle of an 80-bed care home at this Approval in Principle stage, finding it acceptable under Community Policy 6 as it would not create an over-concentration of care …
Policy O/RES/P/9 of Planning Circular 1/2000 (Onchan Local Plan)
Limits site adjacent to 'Far End' to maximum of three new dwellings, responding to natural contours, retaining footpath, single cul-de-sac access with 1:10 gradient max, 3 spaces/dwelling behind building line. Officer noted conflict as proposal is 80-bed care home not dwellings, but not a refusal reason given AiP nature, planning history, Strategic Plan prevalence per para 1.4.4, and residential zoning.
General Policy 2
Permits development in accordance with Area Plan zoning if respecting site/surroundings in siting/layout/scale/design, no adverse landscape/townscape/amenity/highway impacts, protects wildlife/sea views/topography, provides access/parking/services. Officer considered indicative plans show potential accommodation on sloping site without prejudicing principle.
Community Policy 6
Permits new community health care facilities if no over-concentration, no unacceptable effect on residential/character/amenity, easily accessible, no unacceptable highway impact. Officer found no nearby care homes, low traffic acceptable, good access by various modes, amenity/character deferred to reserved matters.
Strategic Policy 1
Requires optimising use of under-used land, efficient sites utilising infrastructure. Officer cited to justify care home despite local plan detail, given site's partial evacuation and history.
Transport Policy 4
Highways must accommodate development traffic safely. Existing access adequate, Transport Statement shows low generation, Highway Services no objection post-amendments.
Transport Policy 6 - Equal weight for vehicles and pedestrians
Pedestrian needs equal weight. Conditions secure footpath protection, cycle parking, footway levels.
Transport Policy 7
Parking per standards. Conditions require 35 spaces incl. disabled, exceeding 27 standard.
Environment Policy 42
New development to reflect local character, no inappropriate backland or loss of green spaces. Onchan Commissioners cited non-conformance; officer deferred design/landscaping to reserved matters.
Policy O/RES/P/19 of Planning Circular 1/2000
New residential in designated areas fitting density/massing/design/character. Site residential, care home akin.
Time limit
The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
Reserved matters application time limit
Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
Reserved matters approval required
Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced. Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.
Lizard protection method statement
Application for approval of reserved matters shall include a method statement that specifically deals with the protection of, and mitigation measures to limit the impact of development on, lizards must be submitted to and agreed by the Department. The measures set out within the method statement must be followed during the construction of the approved development and may not be altered or removed in any way without the prior written approval of the Department. Reason: To provide adequate safeguards for the ecological species (lizards) existing on the site.
Public footpath protection
Application for approval of reserved matters shall include information to demonstrate that the route of the existing footpath (along south boundary) is unaffected by the proposed development. Reason: To protect the existing public footpath.
Highway access, parking, cycle and levels details
Application for approval of reserved matters shall include information that: o demonstrates how visibility splays of at least 2.4m x 60m can be achieved in both directions for the site access junction and that they can be permanently maintained with nothing above 1.05m in height within the splay areas; o demonstrates how the site parking, including adequate disabled parking spaces, and turning space will be provided; o demonstrates how cycle parking provision shall be provided; and o shows the proposed site levels for all road and footway areas. Reasons: To ensure adequate site access and parking is provided in the interest of highway safety, to comply with the parking standards in 'The Isle of Man Strategic Plan 2016', to encourage sustainable travel to the site and to facilitate suitable vehicle and pedestrian access to the development.
Does not oppose the application subject to planning conditions for visibility splays, site parking including disabled spaces, cycle parking, and site levels
Requires up-to-date lizard survey and mitigation plan via condition, protect rock/scree features, hibernaculum, heathland, and avoid impacts on grey moths
No requirement for affordable housing provision
Highway Services initially opposed and deferred due to insufficient information and access concerns but later issued no objection subject to conditions after amendments; DEFA Biodiversity requested lizard surveys and mitigation without clear objection; Onchan District Commissioners objected on policy grounds.
Key concern: insufficient highway information and access/visibility issues initially raised by Highways
Department of Infrastructure Highways Division
ObjectionThe information provided with this application is insufficient to facilitate an assessment of the impact on the highway; Highway Services recommends refusal of the application on the grounds that there is insufficient information provided to determine the impact of the proposal on the safety and capacity of the highway network
Highway Services Division
Conditional No ObjectionHighway Services request that the application is deferred to allow the applicant to consider the above; Recommendation: DEFER
Conditions requested: third party land legal agreement for visibility splays; Construction Traffic Management Plan required; appropriate site parking provision including disabled parking; cycle parking covered, secure, lit adjacent to entrance
Highway Services Division
Conditional No ObjectionHighway Services does not oppose the application subject to the following planning conditions; Recommendation: DNOC
Conditions requested: Prior to occupation of the development, highway visibility splays of 2.4m x 60m shall be provided in both directions for the site access junction and permanently maintained as such, with nothing above 1.05m in height within the visibility splay areas; Appropriate site parking and turning provision, including at least 3 disabled parking spaces, shall be provided as part of a future reserved matters or detailed application; Appropriate cycle parking provision shall be provided as part of a future reserved matters or detailed application; Proposed site levels for all road and footway areas shall be provided as part of a future reserved matters or detailed application; All road and footway areas should be no steeper in gradient than 1:12
DEFA Biodiversity
There is no mention in the application of the lizard issue; I request that a report be provided on the lizard issue
Conditions requested: report clarifying works undertaken for lizards, remaining risks, and proposals for mitigation
DEFA Biodiversity Officer
I need to look into the lizard history on this site before commenting and therefore request time to comment next week
DEFA Biodiversity
Provide an up to date survey for lizards and a mitigation plan; lizards and their places of shelter or protection are protected under the Wildlife Act
Conditions requested: up to date survey for lizards and mitigation plan; protect remnants of rock/scree; retain/protect lizard hibernaculum or provide one; retain/reinstate heathland along eastern and southern portions; protect lizards during development works; no shading of lizard habitat by buildings or fences; outfalls avoid sea campion for grey moth protection
Onchan District Commissioners
ObjectionThe Commissioners recommend that the application be REFUSED on the grounds that:- "The proposals do not conform with General Policy 2 of the Isle of Man Strategic Plan and O/RES/P/9 of the Onchan Local Plan."
Onchan District Commissioners
ObjectionThe Commissioners recommend that the application still be REFUSED on the grounds that:- "The proposals do not conform with General Policy 2 of the Isle of Man Strategic Plan and 0/RES/P/9 of the Onchan Local Plan."
The Department granted approval in principle (17/00684/A) for an 80-bed care home on undeveloped coastal heathland and curtilage adjoining ‘Far End’, despite Policy O/RES/P/9 of the Onchan Local Plan 2000 limiting the site to a maximum of three dwellings. The appellants argued conflict with the Local Plan's design brief, Strategic Plan General Policies 2(a), (c), (g), and harm to character and amenity. The applicants and Department emphasized Strategic Policy 1 for efficient land use, Community Policy 6 for care facilities, need for elderly accommodation, no over-concentration, and that newer Strategic Plan prevails over older Local Plan. The Inspector recommended allowing the appeal, finding the proposal contrary to the site-specific Local Plan policy which defines optimum use and acts as a design brief under General Policy 2(a), with no overriding need. The Minister disagreed, finding conflict with O/RES/P/9 outweighed by support for care homes in residential areas under both plans, no over-concentration, and Island-wide need, dismissing the appeal and confirming approval with conditions including mains drainage, lizard protection, footpath safeguarding, and reserved matters.
Precedent Value
This appeal demonstrates Ministers may override Inspector recommendations and site-specific Local Plan limits where newer Strategic Plan supports efficient use and care home need in residential areas, especially with no over-concentration. Future applicants should emphasize strategic need, policy hierarchy, and defer detailed impacts to reserved matters.
Inspector: Michael Hurley BA DipTP
