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that for the extensive Ballavartyn Equestrian site which lies immediately to the east of the appeal site.'
8.12 At paragraph 15 of his report into PA/00643/A, the Inspector noted that, 'The 1982 Order is still the starting point for consideration of this proposal. The site is not zoned for development (it is zoned as 'white land') and it does not fall within any of the excepted criteria set out in GP3 [General Policy 3] of the Isle of Man Strategic Plan. It is therefore contrary to GP3. However, Spatial Policy 4 and Appendix 3 of the Isle of Man Strategic Plan place the site within the village.' The Inspector went on to say that, 'There are existing buildings to the north which include Court Farm, plus dwellings along the west side of the main road. The former chapel (now granted permission for conversion to a dwelling) lies immediately to the south and there are other houses to the south clustered around the road junction. Finally, the Ballavartyn Equestrian Centre is being developed to the east.' These are all indicated on Aerial Photograph drawing No. 1255-02B.
9.1 Many local children who have grown up in the area, principally in Ballanoa Meadow and at Mount Murray currently have no scope or options to buy a new house in their own locality. This proposal will provide such an opportunity through, in particular, the provision of affordable housing. This has been identified as a need by Santon Commissioners (see Appendix K), together with needs for a playing field for older children and a local shop.
9.2 The sustainability of a community or a settlement can be defined by a myriad of factors and facilities, each one of which adds to the whole without necessarily being significant in themselves. The Site Assessment Framework described in para 3.3 of this Statement and used to assess sites by the Planning Authority attempts to make an assessment of sustainability by scoring sites against a number of contributory factors. The application site scores highly against this system, especially when new facilities included in the application proposal are added to the mix.
9.3 The applicant has been approached by a retailer with an interest in opening a shop in the area (see Appendix L). Isle of Man Post Office has agreed to the placing of a self service kiosk within the shop (see Appendix M). The Department of Social Care has indicated a need for affordable housing to be provided in this area (see Appendix H). The local community's elected representatives, Santon Commissioners, have expressed their support for a proposal incorporating these facilities and a playing field for community use (see Appendix K).
9.4 The Applicant has carried out a survey of local residents in Ballanoa Meadow and the Newtown Estate. A report on this survey is provided with the application. 100% of respondents to the survey support the proposal. No respondent objected to the proposal.
9.5 Existing facilities and services in the Newtown/Mount Murray area which contribute to sustainability and provide employment are a hotel, bar and restaurant, health club, hairdressers, beautician, a swimming pool, golf club, public house, tennis courts, driving range, paint ball centre, off road motor cycling club, shooting club, an equestrian centre, a bus route, railway station, sheltered housing and a young children's play area.
9.6 By the provision of a mix of general housing, affordable housing, a shop with post office facilities with the possibility of an adjacent community room above and a playing field suitable for community use, this proposal will supplement and encourage the development of a sustainable community in Newtown.
10.0 Merits of the Proposal
10.1 To meet local needs, the proposal will provide a mix of general housing, affordable housing, a shop with post office facilities with the possibility of an adjacent community room above and a playing field suitable for community use, all of which will supplement and encourage the development of a sustainable community in Newtown.
10.2 The application site lies within a settlement, Newtown/Mount Murray, which is included in the list at paragraph A.3.6 of Appendix 3 to the Strategic Plan. It therefore follows that it lies within a settlement that is sustainable and suitable for housing. Furthermore, Newtown is included in the list of settlements in Spatial Policy 4, which identifies settlements where development of appropriate scale will be permitted to meet local needs for housing and employment opportunities. These are new material considerations to be taken into account since the adoption of the Isle of Man Strategic Plan 2007 and since the refusal of PA 02/02224/A and the drawing up of the 1982 Development Order, which stands in place of, and in the absence of, a Local, or Area Plan.
10.3 The 1982 Development Order provides very little land for residential development in the Parish of Santon in general and the settlement of Newtown in particular, apart from the adjacent development at Ballanoa Meadow. Development of the whole of the application site is the only real prospect of providing a reasonable amount of housing in Newtown in the foreseeable future as envisaged in Spatial Policy 4 and paragraphs A.3.5 and A.3.6 of Appendix 3 of the Strategic Plan. Furthermore, development of the whole of the application site is the only real prospect of providing affordable housing in both Santon and Newtown in the foreseeable future as envisaged in Housing Policy 5 of the Strategic Plan.
10.4 The application site is in a sustainable location close to other developments and is on a bus route, which provides an alternative means of transport and will reduce the reliance of residents on car use. Again, these are new material considerations to be taken into account since the adoption of the Isle of Man Strategic Plan 2007 and since the refusal of PA 02/02224/A and the drawing up of the 1982 Development Order.
10.5 Almost the whole of the application site, both the zoned and un-zoned areas, has been used for the tipping and deposit of inert materials and is not visually part of the open countryside. The site has built residential developments to the north and a relatively new sewerage pump station immediately to the west. To develop just the zoned area and leave the un-zoned area
undeveloped would leave a rump of despoiled land, which will only be improved if the whole site is developed as proposed in this application.
10.6 Development of the whole of the application site for residential use would be an efficient use of what could be described as despoiled or brownfield land. Whilst not complying with the Strategic Plan definition of ‘Previously Developed Land’, development of the western, un-zoned part of the site would comply with the intentions of General Policy 3(c) being development which, ‘would reduce the impact of the current situation on the landscape or the wider environment’ and, ‘would result in improvements to the landscape or wider environment.’
Furthermore, the improvement of all of the land will remove an existing harm to, and enhance the character and quality of the adjacent countryside, which lies within an Area of High Landscape Value and Scenic Significance. This is only likely to happen if development is permitted on the whole of the application site. Without all the development as proposed, such improvement is highly unlikely to take place. In addition, the residents of the residential developments to the north of the application site will benefit greatly from the improvement of the adjacent despoiled land, which will reduce the levels of the site back to natural ground level. It is intended to recycle the deposited materials at Balthane and return them for use in construction.
10.7 In referring to Newtown and other settlements as villages suitable for development of an appropriate scale, Spatial Policy 4 of the Strategic Plan requires that ‘Area Plans will define the development boundaries of such settlements so as to maintain their existing character’. In standing in place of, and in the absence of, a Local Area Plan, the 1982 Development Order does not define the boundaries of Newtown. More recent planning approvals such as PA 12/00643/A have recognised the growth and focus of Newtown around the junction of roads at its southern end.
10.8 Newtown is essentially a linear village on the A5 highway with a wider, built up focus at its southern end, south of the junction with Moaney Road. It also includes a number of more outlying detached properties. The application site
is a natural part of the wider built up area, which includes Ballanoa Meadow and the public housing between it and the A5 highway. The natural southern boundary to the built up area is the water course and the partial line of trees that runs along the southern boundary of the application site from the former Lancashire Hotel which is the southern limit of existing buildings on the west side of the road. The site is clearly distinguishable from the agricultural land on its southern side. Whilst the natural boundary on the western side is the stream that runs through the valley bottom, the limit of the built up area, apart from the sewage pump station and the existing and proposed Children's Play Areas, is set by the western boundary of the adjacent Ballanoa Meadow development. This forms the western boundary of both the built up area and the application site, which fits well into the existing pattern of development in Newtown. This is clear from both visual inspection and an aerial photograph (see Drawing No. 1255/02B).
10.9 The Strategic Plan requires that adequate provision be made for Open Space with any residential development. Immediately adjacent to the site there exists a well equipped Young Children's Play Area. Within the application site, it is proposed to provide adequate Formal Open Space in the form of an Older Children's Playing Field. This is a facility not provided anywhere else in the locality and is not likely to be provided by any other means than this application. Within the application site, it is proposed to provide Amenity Space equating to at least the combined requirement for Amenity Space and Children's Play Areas. This will be of both visual and practical benefit to the residents of the adjacent residential areas. Furthermore, it has also been agreed in principle with the Department of Social Care to make improvements to the existing Public Open Space between the public housing that it owns and the A5 highway, should this be required.
10.10 The approval of this application would follow precedents set by approvals, on appeal, of PA 05/02044/A and PA 12/00643/A.
10.11 Development of this site would meet with the essential and over-arching, sustainable intentions of the Isle of Man Strategic Plan, which have become
material considerations since the refusal of PA 02/02224/A and the drawing up of the 1982 Development Order.
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