20 July 2016 · Council of Ministers
Gas Works, Access To Gas Works From Four Roads, Port St Mary, Isle Of Man, IM9 5lf
The application proposed clearance of the disused gas works, car park, and access lane on Station Road, Port St Mary, for 23 terraced 3-4 bedroom dwellings with associated roads, parking, and 2,208 sq m public open space including play areas.
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The Council of Ministers followed the Planning Inspector's recommendation to approve, who found the site as previously developed windfall land suitable for residential redevelopment under General Poli…
General Policy 3
Restricts development outside zoned areas except previously developed land with redundant buildings where redevelopment improves landscape/environment. Officer applied exception (c) to deem site suitable in principle for residential despite industrial zoning; Inspector concurred as gasworks redundant/unsightly with no industrial demand, residential better complements surroundings.
Housing Policy 5
Requires 25% affordable housing for developments of 8+ dwellings on residential-zoned land or predominantly residential areas. Site not strictly zoned residential but Inspector treated as such given sustainability, leading to requirement for 6 affordable units via legal agreement.
Environment Policy 26
Prohibits development on/near contaminated land unless no unacceptable risk demonstrated. Land contamination survey confirmed residential acceptable following remediation.
Environment Policy 7
Protects watercourses; requires risk assessment, pollution measures, phasing, 8m buffer. DEFA Fisheries had no concerns if no pollutants enter adjacent drain 3.5m from boundary.
Recreation Policy 3
Requires landscaped amenity areas integral to design; 10+ dwellings need recreation space per Appendix 6. Proposal provides some on-site play/amenity but short on formal space; accepted due to local provision.
Recreation Policy 4
Open space on-site or nearby, accessible by foot/transport. Layout's open spaces flanked by houses deemed balanced despite officer nuisance concerns.
Time limit for AIP
The development hereby permitted shall be begun either before the expiration of 4 years from the date of the approval notice or before the expiration of two years from the date of approval of the last of the reserved matters.
Reserved matters details
Details of the access, appearance, landscaping, layout, and scale, (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Planning Authority before any development is commenced and thereafter the development shall only be carried out in accordance with the details as approved.
Reserved matters application time limit
Application for approval of the reserved matters shall be made to the Planning authority before the expiration of two years from the date of this permission and thereafter the development shall only be carried out in accordance with the details as approved.
Reserved matters conformity and details
Plans and particulars of the reserved matters referred to in Condition 2 above shall be in general conformity with the layout shown in the approved drawing 1274-007D date stamped 24 March 2014 and shall include details of: (i) Garages at least 3.0 m by 5.0 m internal dimensions in accordance with paragraph 11.18 of Manx Roads. (ii) The results of surveys of lizards and frogs undertaken by a competent person and details of any resulting mitigation measures.
Garages for parking
The garages shall remain available for the parking of a vehicle.
Carriageway construction prior to occupation
Prior to the occupation of any dwelling hereby approved, the carriageway, footway and street lighting between the existing public highway and the dwelling shall be constructed at least to base course level and car parking associated with that dwelling shall be provided and available for use.
Visibility splays
Prior to the commencement of any other work, the visibility splays shown on the approved Drawing 1274-OOOA date stamped 24th March 2014 shall be provided at a height of no more than 1.05 m and shall be retained thereafter.
Proposals comply with highway and parking standards subject to conditions on garage sizes, carriageway construction, visibility splays
No concerns provided no impact on adjacent watercourse
Survey for frogs and lizards required prior to development with mitigation, no suggestion to inhibit development
Affordable housing should be provided on-site; layout compliant for 6 units (some 2-bed), via legal agreement
Probably no demand for new industrial development; existing estates sufficient
The original application for approval in principle for 23 dwellings with road layout and open space on the former gas works site was referred to the Council of Ministers under Section 10(1)(b) of the 2013 Order due to including a small area of public highway. Planning Officer concerns included non-compliance with industrial zoning in APS, excessive density, visual impact eroding settings of nearby station and hotel, inadequate open space separation, and tree retention issues, suggesting lower density like 3 dwellings. Appellant argued site suitability as previously developed land near services, potential for visual modulation via photomontages, adequate open space, and readiness for 25% affordable housing. Inspector found the site suitable under Strategic Plan GP3(c) for redevelopment, accepted illustrative layout could achieve visual integration without compromising settings, deemed open space balanced adequately, and saw no significant tree retention barriers. Inspector recommended approval with legal agreement for 6 affordable units and conditions on reserved matters, parking, access, and wildlife surveys; Council of Ministers approved accordingly on 2 October 2014.
Precedent Value
Demonstrates GP3(c) flexibility for redundant previously-developed sites in villages, even against zoning, if visual/open space issues addressed via illustrations; emphasises value of supplementary statements refining principle approvals and proactive affordable housing offers.
Inspector: Alan Langton
