1 April 2020 · Planning Committee
Field 434021, Victoria Road, Castletown, Isle Of Man, IM9 1ee
The proposal involves building 96 new homes on two fields adjacent to Douglas Road and Victoria Road in Castletown, including internal roads, parking, and landscaping. Key planning issues included departure from the development brief on access arrangements (deemed acceptable for highway safety), shortfall in public ope…
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The development accords with relevant Strategic Plan policies overall. A departure from General Policy 2 was accepted regarding non-compliance with the development brief's means of access, as the prop…
General Policy 2
General Policy 2 requires compliance with development briefs including means of access. The proposal departs from the brief on access but this was deemed acceptable in interests of highway safety following capacity assessments. Conditions mitigate other potential policy conflicts.
Time limit
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Fencing schedule
Prior to the occupation of any dwelling, a fencing schedule for the entire site shall be approved in writing by the Department and the development undertaken in accordance with these details. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 or any Order superseding this, no fencing or walling which abuts any area of Public Open Space, highway or at the rear of plots 49-56 may be introduced other than in accordance with these details. Reason: introduction of inappropriate fencing or walling could adversely affect the character of the development or the health of existing trees or both.
Trial pits for tree roots on plots 49-53
Prior to the commencement of work on plots 49 - 53 inclusive, trial pits shall be dug to ascertain the root spread of the adjacent trees numbered T3, T8, T9 and T12 in the submitted Tree Survey and Arboricultural Impact Assessment. If tree roots are found within the area to be excavated for the construction of the dwelling where the damage of such would affect the health of these trees, appropriate measures for the construction of the house must be approved in writing by the Department and the development must be undertaken in accordance with these details. Reason: to protect the trees which form the backdrop to the Conservation Area and the railway station.
Tree protection measures
Prior to the commencement of any other work on site the tree protection measures shown in the Tree Survey and Arboricultural Impact Assessment must be installed and retained throughout the construction of the estate. No vehicles may be parked nor materials stored within the Root Protection Areas demarcated by these protection measures. Reason: to protect trees which have importance to the character of the Conservation Area.
No extensions/sheds on plots 49-53
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 or any Order superseding this, no extensions nor any garden shed, summerhouse or greenhouse may be undertaken on plots 49 - 53 inclusive. Reason: these properties are close to existing trees and extensions could adversely affect the health of the trees by cutting through or damaging roots or result in structures which would jeopardise the future of the trees by their proximity.
Landscaping implementation
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. Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.
Car parking provision
Prior to occupation of each dwelling, the respective car parking shall be constructed as indicated on the approved plans and shall remain as approved for the duration of occupation of the development. Reason: to minimise on-street car parking that could be detrimental to the operation of the highway.
Ecological measures
The development must include the measures recommended in Chapter 5 of the Preliminary Ecological Appraisal Report of August 2018, specifically the planting in the roadside verges of wildflower mix planted only with subsoil, the provision of a barn owl box facing towards Poulsom Park and the use of native tree and plant species within the proposed planting scheme. Details of the species of trees and plants to be used together with the location and details of the barn owl box must be provided to the Department and the development must be undertaken in full accordance with these details. Reason: to enhance the biodiversity value of the site.
Pedestrian crossing upgrade
No dwelling may be occupied until such times as the signal controlled pedestrian crossing on Douglas Road has been upgraded to satisfactorily accommodate the additional pedestrian traffic which will result from this development. Reason: to encourage sustainable transport in accordance with the active travel strategy.
Public open space delivery
The development may not be commenced until such times as a scheme for the delivery of the public open space has been approved by the Department and the public open space must be provided in accordance with these details. The scheme must include provisions for the future maintenance of the public open space following the occupation of the dwellings. Reason: to ensure that the public open space is provided in a timely manner and adequate provisions are in place for the future maintenance of this space.
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DEFA Forestry raised detailed concerns about tree protection, sunlight to gardens, drainage impacts, and landscaping, recommending specific conditions; Highway Services initially objected but later issued no objection with conditions; Manx Utilities had no objection subject to drainage conditions. Overall conditional no objection position.
Key concern: Highway safety due to non-compliant road layout and junctions (early Highways objection)
DEFA Forestry
Conditional No ObjectionIf it isn't I would have to object on the basis that there isn't enough information to make an informed assessment of the impact to important amenity trees.; My concerns about the lack of evening sunlight to plots 49-59 have, so far, not been addressed.; The Department will be seeking to register trees 2,3,5,7,8,9,10 & 12 which have significant amenity value and contribute to the character of the local area.
Conditions requested: All existing trees shall be retained, unless shown on the approved drawings as being removed. In the event that trees become damaged or otherwise defective due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.; Prior to the installation of the surface water drain across Poulsom Park, the Tree Protection Plan and Arboricultural Method Statement prepared by Manx Roots Ltd, submitted in support of the application, shall be updated to include protective measures and a programme of arboricultural supervision for this element of the approved scheme, and agreed in writing by the Department.; The protection measures and construction methods detailed in the updated Tree Protection Plan and Arboricultural Method Statement, submitted in accordance with condition 2 above, shall be adhered to in full.; The implementation of protective measures described in condition 3 shall be supervised by a suitably qualified and experienced tree specialist throughout the development. This condition may only be fully discharged on completion of the development, subject to satisfactory written evidence of contemporaneous supervision and monitoring of the tree protection throughout construction by a suitably qualified tree specialist being submitted to the Department.; Details of all trees to be planted, including; their quantity; location (or density); species and size at date of planting; the planting specification (adhering to the recommendations of BS8545:2014 where applicable); the approximate date when they are to be planted; and, how they will be maintained until successfully established, shall be submitted to and approved by the Department prior to the occupation of the development for its permitted use.; The tree planting shall be carried out in accordance with the details provided under condition 5 above. Any planted trees that are removed, die or become, in the opinion of the Department, seriously damaged or defective within five years of planting shall be replaced with specimens of a similar size and species as originally required, unless the Department gives written consent to any variation.
DEFA Forestry
Conditional No ObjectionThese are large trees which appear to be in good condition. They make a significant contribution to the setting of the station, Poulsom Park and the character of the wider area.
Highway Services
Conditional No ObjectionRecommendation: DNOC
Conditions requested: Prior to occupation of each dwelling, the respective car parking shall be constructed as indicated on the approved plans and shall remain as approved for the duration of occupation of the development.; Prior to occupation of the first dwelling the developer shall provide details of the upgrading of the signal controlled pedestrian crossing on Douglas Road and implement the necessary works.
Highway Services
ObjectionHighway Services opposes the application on highway safety grounds; Recommendation: O
Manx Utilities
Conditional No Objectionsurface water sewer crossing IRIS pumping mains requires detailed discussion on construction method
Conditions requested: Proposed development must be connected to the public foul sewerage system in a manner acceptable to Manx Utilities. All drainage works must conform to the requirements of 'Manx Sewers for Adoption'; any necessary CCTV surveys are to be carried out at the developer's expense.; No discharge of surface water to foul drainage systems.; Diversion of public sewer must be undertaken in accordance to 'Manx Sewers for Adoption' with full engineering drawings submitted prior to work.; Enter into Section 8 adoption agreement prior to work commencing.; Discuss construction method for crossing IRIS pumping mains with Manx Utilities prior to work.
Manx Utilities
Conditional No ObjectionConditions requested: Proposed development must be connected to the public foul sewerage system in a manner acceptable to Manx Utilities. All drainage works must conform to the requirements of 'Manx Sewers for Adoption'; any necessary CCTV surveys are to be carried out at the developer's expense.; No discharge of surface water to foul drainage systems.; Diversion of public sewer must be undertaken in accordance to 'Manx Sewers for Adoption' with full engineering drawings submitted prior to work.; Enter into Section 8 adoption agreement prior to work commencing.
Haven Homes Limited received planning approval (18/00524/B) from the Planning Committee for 96 dwellings on a site designated for residential development in the Area Plan for the South 2013. Local residents Mr Terence and Mrs Gillian Qualtrough appealed, arguing against the principle due to declining population, poor design unsympathetic to Castletown's heritage, highway safety risks, airport safety zone issues, drainage concerns, and ecological harm. The inspector, after a site visit and public inquiry, found no unacceptable planning harm, confirming compliance with key IMSP policies on design, highways, ecology, and housing need despite current market softening. The appeal was dismissed, upholding the approval with original conditions plus three additional ones for materials, drainage, and archaeology.
Precedent Value
Demonstrates strength of site allocations and technical consultee support in upholding approvals against third-party appeals; future applicants should prioritise authority-approved evidence over local anecdote, with conditions mitigating detailed harms.
Inspector: Brian J Sims
