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DOUGLAS 'w.., IsieofMan IMl 3PN ' ' Direct Line (01624) 685280 Fax Number (01624) 685710 1 3 OCT Email [email protected] CHIEF SECRETARY Will Greenhow ACMA -' 13th October 2014 Our Reference : DF14/0016 Planning Secretary Department Of Infrastructure Planning and Building Control Division Murray House Douglas Dear Sir/Madam, TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) (No2) ORDER 2013 PA Ref: Applicant: Proposal: 14/00357/A Haven Homes Ltd Approval in principle for the erection of tv^enty three dwellings with associated road layout and public open space Former Gas Works Port St Mary Isle Of Man IM9 5LF Address: I refer to the abovementioned planning application. In accordance with the Article 9 of the Town and Country Planning (Development Procedure) (No 2) Order 2013,1 herewith give notification of the decision as follows. On 2nd October 2014, the Council of Ministers considered the recommendations of the Planning Inspector and determined to approve the application subject to the prior completion of a legal agreement under Section 13 of the 1999 Act for the inclusion of 6 affordable houses conforming to the requirements of the Department of Social Care and subject also to the condition(s) specified below. 1. 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. 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. 2. 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. 3.
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f 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: 4. Garages at least 3.0 m by 5.0 m internal dimensions in accordance with paragraph 11.18 of Manx Roads. The results of surveys of lizards and frogs undertaken by a competent person and details of any resulting mitigation measures. (i) (ii) The garages shall remain avaiiable for the parking of a vehicle. 5. 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. 6. 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. 7. In accordance with article 10(c) of the Order, please be advised that the decision of the Council of Ministers is binding and final (subject to the possibility of judicial review by petition ofdoieance) Yours faithfully. A Johnstone Planning Appeals Administrator
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11, OCT 201^1 Cabinet Office Reference Of 14/OOlS Application No 14/00357/A Inspector's report ot Application by Haven Homes Ltd for: Erection of twenty ... associated road layout and public open space, Former Gas WorksTPort St Mary IM9 5LF. Site Visit Monday 14^'’July 2014 Preamble
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Cabinet Office Reference DF14/CX}16 Application Wo 14/0C357/A Inspector's report 4. The railway station and the hotel are buildings of interest but they are not Registered and should not be treated as if they were. The application is one in principle only, but photomontages illustrate how a 23 house development could be designed to relate well with the existing buildings and certainly very much better than the derelict former gas works. Trees shown close behind one of the blocks in the illustrative layout are self-sown Sycamores, which may not be worth keeping, and additional planting would be carried out as part of comprehensive landscaping. Assessed against the requirements of Strategic Plan Appendix 6, somewhat more than the required children's play and general amenity open space is illustrated, while formal recreational space is generously available in the locality. A development of a few houses, promoted by the Planning Officer, would not be required to provide any public open space or affordable provision. 5. The Planning Officer: housing does not accord with the site's industrial zoning in the APS. However, in light of advice from the Department of Economic Development regarding the probable lack of industrial demand here, this previously developed land is suitable in principle for residential development in accordance with the provisions of Strategic Plan General Policy 3(c). 6. The site is exposed to public view from several locations, currently marred by the large gas containers that would be removed. In other regards the views are characterised by the distinctive, large buildings - the hotel and railway station - and much smaller, lesser buildings such as the bungalow and railway outbuildings. What is not currently seen is a concentration of 4 large building masses - illustrated between 24 m and 48 m long, which from the application description may well be three storey to incorporate integral garages. The density is excessive and would result in an appearance of over-development, eroding the setting of the Port St Mary Station building (proposed for Registration) and the Railway Station Hotel. 7. Compliance with Strategic Plan Appendix 6 requires 1,242 sq m of formal (recreational) open space, 414 sq m of children's play space and 552 sq m of genera! amenity space. The illustrative layout provides in all a maximum of 1,186 sq m, about half the total requirement. It is accepted that the lack of on-site recreational space (pitches and the like) does not warrant refusal, bearing in mind the amount of existing provision in the wider locality relative the existing population and the limited provision in the APS for new housing elsewhere at Port St Mary. However, although the applicant claims to provide more on site than the required provision for children and general amenity, the layout does not sufficiently separate the two, and this could lead to nuisance and potential lack of privacy for some residents. 8. The development would retain most existing trees but those illustrated tight behind plots 10-23 do not appear realistic, so the submitted illustration does not demonstrate how 23 dwellings could be laid out retaining trees of amenity value. 9. Removal of the gas containers and associated buildings would be beneficial, but the proposed density Is too high, having regard to visual impact, layout of open space and retention of trees. The site would be suitable for a significantly lower density, say three large dwellings, well designed to reflect the attractive and important historical and architectural elements of the Railway Station and Railway Station Hotel. 10. The Port St Mary Commissioners; the application plan is unclear as to which units would be affordable and historically the area is prone to flooding. The Department of Economic Development: there is probably no demand for new 2
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Cabinet Office Reference DF24/0016 Application No 14/003S7/A Inspector's report industrial development here. Small scale businesses such as garages are attracted to existing low quality premises and there is no known pressure to develop new premises. The APS identifies existing industrial estates capable of further development. The Department of Social Care (DSC): there is a continued need for affordable housing across the Island, with no potential sites currently under consideration in the Port St Mary locaiity. The application iayout appears compliant with DSC standards to include 6 affordable units (25%) but consideration should be given to some being 2 bedroom rather than 3 or 4. The Highway Authority: the proposals comply with highway and parking standards, subject to suggested conditions. Wildlife Division; there are aspects of potential wildlife interest and a survey should be undertaken prior to development and appropriate mitigation undertaken, but expressly with no suggestion that this should inhibit the development. Manx Utilities (Electricity) provide technical advice. Inspector's Assessment 11. Strategic Plan General Policy 3 generally opposes development outside areas zoned for the purpose, but subject to exceptions including: c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment There is little dispute that this previously developed windfall site could in principle be beneficially redeveloped by housing, displacing the redundant, unsightly former gasworks. Technical aspects such as access, drainage, soil remediation and the like have been endorsed by the relevant authorities to the extent necessary at this stage, and do not pose an impediment. The Commissioners' submission regarding flood risk is not borne out by the applicant’s technical assessment and its in-principle acceptance by the Water and Sewerage Authority. 12. The main issue is whether 23 dwellings, rather than some smaller number, could be laid out on the site in a visually satisfactory way while providing adequate open space and landscaping. I can understand the Planning Officer's reservations, based on the illustrative plan submitted at the outset with the application. This could be interpreted as implying four rather homogenous terraced blocks, which would certainly look distinctly odd as an adjunct to this rural village and in general proximity with the station and hotel buildings. However, this is an application in principle only, and the architect's subsequent supplementary statement illustrates one way in which the terraces could be visually modulated, in height and roof orientation for example, so as to create linked clusters comprising a variety of dwellings. Something along these lines could, in my view, be in character with the location. The development would be little seen from Station Road. In more distant, though very open views, looking down principally from Truggan Road/St Mary's Road or from Plantation Road/Howe Road, the houses would appear clearly subordinate, somewhat separate from the hotel and station buildings. The settings of these attractive large buildings need not be compromised, rather their stature could be enhanced by comparison with the new development and certainly when compared with the existing appearance of the former gas works. 13. The illustrative layout includes rather more open space than sought by the Strategic Plan to provide for children's play and general amenity. As with most residential developments, a balance has to be struck between the benefits of such open space and the risk that it might be misused in ways that cause unreasonable disturbance. However, it seems to me that within the constraints of the site that balance has 3
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Cabinet Office Reference DF14/0016 Application No 14/00357/A Inspector’s report been well struck in the illustrative layout, with two distinct areas either flanked by houses or faced by them across the access road. On undisputed evidence there is ample public open space in the wider locality to serve the more active recreational needs of the existing population and incoming residents at this development. Any future application for development at the one site allocated for housing at Port St Mary (at the Bay Queen Hotel) would need to be considered on its merits, however I see nothing in the open space figures to suggest that this current scheme need compromise options there. 14. I am sceptical about the practically of retaining trees illustrated for retention in the back gardens of units 20 to 23, but these are not the finest specimens and the layout would facilitate retaining others, on the intended public open space, and there are also mature trees outside the boundary within the railway land. Subject to the submission and implementation of a landscaping and planting scheme, I see no significant objection stemming from the probable loss of a few of the existing trees. 15. Considered on its own merits, I consider that the application demonstrates in principle that a satisfactory development of 23 houses could be located on the site. Having reached this conclusion, I see no purpose in a general comparison exercise with a potential development of, say, 3 houses on the site. If such an application ever arose it would need to be considered on its merits. 16. Importantly, however, a development of 23 dwellings would be likely better to meet housing needs for modest sized family accommodation. Strategic Plan Housing Policy 5 normally requires 25% affordable provision for developments of 8 dwellings or more "... on land zoned for residential development or in predominantly residential areas Strictly speaking this site is neither zoned for residential development nor directly and closely within a predominantly residential area. However, the appellant's case is that had closure of the gasworks been foreseen, the APS would in all probability have led to the site's zoning, and It seems to me that acceptance of this argument is akin to treating the site now as if it were zoned. Also, the appellant's reliance on the proximity of services and facilities in Port St Mary (and towards the edge of Port Erin) means that the development should be treated as forming part of the village and in that sense within a predominantly residential area. In short, I see no reason not to require 25% (six) affordable houses within the development, and this is accepted by the applicant. 17. I have modified the standard conditions suggested by the Planning Officer in order to clarify that a detailed application should generally reflect the approved in principle layout. In the interests of adequate parking provision and highway safety I have added the conditions requested by the Highway Authority and in the interest of nature conservation I include a condition along the lines sought by Wildlife Division. Recommendations 18. I recommend that the application be approved subject to the prior completion of a legal agreement under Section 13 of the 1999 Act for the inclusion of 6 affordable houses conforming to the requirements of the Department of Social Care, and subject also to the following conditions.
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Cabinet Office Reference DF14/0016 Application No 14/00357/A Inspector's report 2. 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. 3. 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. 4. Plans and particulars of the reserved matters referred to in condition 2. above shall be in generally 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. 5. The garages shall remain available for the parking of a vehicle. 6. Prior to the occupation of any dwelling hereby approved, the carriageway, footway and street iighting 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. 7. Prior to the commencement of any other work, the visibility splays shown on the approved Drawing 1274-OOOA date stamped 24'*’ March 2014 shall be provided at a height of no more than 1.05 m and shall be retained thereafter. Alan Langton Inspector 5
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TOWN & COUNTRY PLANNING ACT 1999 SECTION 13 AGREEMENT INSTRUCTION to ATTOURNEY GENERAL’S OFFICE INFORMATION FROM Department of Infrastructure, Planning and Building Control / Department of Social Care. Background: This planning application was received 24“^ March 2014 The planning officer, Sarah Corlett has drafted report on the proposal for the benefit of Council of Ministers (The application is one in which the Department has a vested interest). Council has determined to approve the application subject to the prior completion of a legal agreement to secure affordable housing/open space. I have today spoken to the applicant's agent in order that they may obtain the required details in order that I may provide you with instruction AND that their advocates are aware to raise the initial draft. Also that it would be hoped that any resolution of the agreement can be reached within four months of the letter dated 13^^ October 2014 Should you require any further information, please contact Jo Callow 14/00357/A
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TOWN & COUNTRY PLANNING ACT 1999 SECTION 13 AGREEMENT \b |tT '0 AGi INSTRUCTION to ATTOURNEY GENERAL’S OFFICE ©G- / INFORMATION FROM Department of Infrastructure, Planning and Building Control / Department of Social Care. Background: This planning application was received 24'^' March 2014 The planning officer, Sarah Corlett has drafted report on the proposal for the benefit of Council of Ministers (The application is one in which the Department has a vested interest). Council has determined to approve the application subject to the prior compietion of a legal agreement to secure affordable housing/open space. I have today spoken to the applicant's agent in order that they may obtain the required details in order that I may provide you with instruction AND that their advocates are aware to raise the initial draft. Also that it would be hoped that any resolution of the agreement can be reached within four months of the letter dated 13^ October 2014 Should you require any further information, please contact Jo Callow 14/00357/A
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Cabinet Office Isle of Man 0/A' Cooiiceil nv Sliirveishee Govcrmncnt__ , ' tHlftfl tll»0 VttniM CABINET OFFICE Government Office DOUGLAS Isle of Man IM13PN Direct Line (01624) 685280 Fax Number (01624) 685710 Email [email protected] CHIEF SECRETARY Will Greenhow ACMA 1 ^ 6®^ 23rd July 2014 Our Reference : L09-13/DF14/0016 Planning Secretary Department Of Infrastructure Planning And Building Control Division Murray House Douglas Dear Sir/Madam, TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) (No2) ORDER 2013 PA Ref: Applicant: Proposal: 14/00357/A Haven Homes Ltd Approval in principle for the erection of twenty three dwellings with associated road layout and public open space Address: Former Gas Works Port St Mary Isle Of Man IM9 5LF Further to my previous correspondence concerning the above application. I now enclose copies of additional submissions received. The Inspector has visited the site and will now produce a report and recommendation for determination by the Council of Ministers . In due course this office will advise you of the Council of Ministers decision based on that recommendation. Yours faithfully, A Johnstone Planning Appeals Administrator On behalf of the Chief Secretary
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infrastructure Isle of Man highway services bun troggalys^shirveishyn raaidey Government Krt/fyk man y«Rir/ir Highway Services PA 14/00357/A Approval in principle for the erection of twenty three dwellings with associated road layout and public open space. Former Gas Works, Port St Mary, Isle of Man
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. Reason - to ensure that the car parking standards are met and to reduce the requirement for on road car parking Prior to the occupation of any dwelling the carriageway, footway and street lighting between the public highway and the dwelling shall be constructed to at least base course level and the car parking associated with the dwelling shall be provided and available for use, c. Reason - to ensure safe access to the dwelling for vehicles and pedestrians and to ensure car parking is provided to the required standard d. Prior to the commencement of any other work the visibility splays shown on drawing no 1274-OOOA shall be provided at a height of no more than 1.05m and shall be maintained thereafter. Reason - to ensure safe access to the site for all road users Prepared by H Fletcher, Traffic Engineer 27/05/2014 Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IMl 2RF
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sc m- Department of Environment, Food and Agriculture Rheynn Chymmyltaght, Bee as Eirinys Director of Fisheries Karen McHarg Fisheries Division Thie Slieau Whaliian, Foxdale Road, St. Johns, Isle of Man, IM4 3AS Tei no (01624) 685857 Fax no (01624 685851 Emaii; fisheries(3i0Qv.im Secretary to the Planning Committee Planning and Building Control Division Department of Infrastructure Murray House Mount Havelock Douglas IMl 2SF By Email Quoting Ref; IF62/14/00357/A Your Ref: Date: 16^ May 2014 Planning Application 14/00357/A Approval in principle for the erection of twenty three dwellings with associated road layout and public open space, Former Gas Works, Port St Mary Please be informed that the completed Development within 9m of the Watercourse form has been received and checked by Fisheries Officers. There are no concerns on the proposed development, provided there is no impact on the watercourse alongside the property. The applicant is however advised to contact DEFA when works are due to commence, this can be done by email or telephone. In the meantime please contact Inland Fisheries on 685857 with any further queries. Yours sincerely Joy sntoiA, Joy Eaton Fisheries Copy to: [email protected]
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A Cabinet Office isieofMan Oik Cooiiceil iiv Shifveishee Government ' fitiUgi fflta Vviaiv CABINET OFFICE Government Office DOUGLAS Isle of Man IMl 3PN Direct Line (01624) 685280 Fax Number (01624) 685710 Email planning.appea([email protected] CHIEF SECRETARY Will Greenhow ACMA 15th May 2014 Our Reference : L12-13/DF14/0016 Planning Secretary Department Of Infrastructure Planning And Building Control Division Murray House Douglas ^^ceivEo 1 9 MAY 201^1 Dear Sir/Madam, TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) (No2) ORDER 2013 PA Ref: 14/00357/A Applicant: Haven Homes Ltd Proposal: Approval in principle for the erection of twenty three dwellings with associated road layout and public open space Address: Former Gas Works Port St Mary Isie Of Man IM9 5LF Thank you for your letter concerning the above captioned application which will be passed to the Inspector appointed to consider the matter. If you have anything further that you wish to add to your previous submission I should be grateful if you send it to me by 5 p.m. on 29th May 2014. A copy of your statement will be made available to the other parties involved in this application and, therefore, it would be appreciate dif you could supply 6 COLLATED SETS of your submission of case. This matter is scheduled to be dealt with by way of written submissions only without appearing before the Inspector at an inquiry. Please advise me in writing if you are in agreement for this procedure to be followed, but if no reply is received by the date stated above it will be considered as agreement with this procedure. Yours faithfully. A Johnstone Planning Appeals Administrator On behalf of the Chief Secretary
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.. « infrastructure Isle of Man Government planning and building control bun-troggalys ^ plannal as gurneil troggal Murray House, Mount Havelock, Douglas, Isle of Man, __ IMl 2SF. ;mail: [email protected] Tel; (01624) 685906 Fax:(01624)686443 Directo r of Planning & Building Control M chael Gallagher, M.R.T.P.I. AtWry* Llltn tn Mr. A. Johnstone, Planning Appeals Secretary, Chief Secretary's Office, Government Offices, Buck's Road, Douglas, IMl 3PN. CABINET OFFICE 1 2 MAY 201^ READ BYCS. 'ILEAWAV 8'^ May, 2014 TO RELEVANT Of^lCEa ON ^ILE SCANNED Dear Mr. Johnstone, Re: PA 14/00357 - approval in principle for the erection of 23 dwellings with associated road layout and public open space, former gas works. Port St. Mary I refer to the above application which is due to be considered by an inspector, in accordance with Article 10(1) of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as there is a perceived interest in the proposal due to a small area of public highway being included within the development unit. However, as this "interest" relates to so small an area and which does not relate to any direct interest in or impact from the proposed development on the Department’s behalf, it is considered appropriate to provide a recommendation as well as setting out the appropriate policies and matters to be considered. Yours sincerely, ^^cEiveo 1 9 MAY Zm o^'p Miss Sarah Corlett Senior Planning Officer Department of Infrastructure Murray House, Mount Havelock, Douglas, Isle of Man, IMl 2SF
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