18 September 2013 · Council of Ministers
The Mart Shop, Station Road, St Johns, Isle Of Man, IM4 3an
The site comprises the disused Farmers Arms public house and cattle mart buildings on 0.3ha of brownfield land in St Johns village centre, bordered by streams, residential properties, a sewage works, and a public car park.
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The inspector assessed the site as highly suitable for residential development as unused brownfield land within the village framework in a residential locality, despite adjacency to a small well-manag…
Housing Policy 1
Seeks 6000 additional dwellings over plan period; West area general allocation 1000. Inspector noted figures not ceilings; small site yield would not prejudice review/West Area Plan as Island total below 6000 and West around 1000.
Housing Policy 3
Distributes housing 'in the following general way'; appeal precedents confirm not numerical ceilings; exceeding does not harm if meets needs.
Housing Policy 5
Requires 25% affordable in private developments since 2007 but falling short; condition mandates accordance.
Recreation Policy 3
Public open space provision; condition mandates accordance.
Transport Policy 3
New development on/around former rail routes must not compromise tourism/leisure or public transport potential; no encroachment on northern triangle; design to echo railway era.
Reserved matters approval
Approval of the details of siting, design, external appearance of the buildings, internal layout, means of access, landscaping of the site (hereinafter called the "reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced.
Approved plans
This approval in principle relates to the development for residential use of The Farmer's Arms and Old Auction Mart site, Station Road, St John's as shown in Drawings No S1 (Site Survey) and No 10 (Site and Location Plan) each date stamped 9 July 2012.
Reserved matters application time limit
The 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 approval.
Commencement time limit
The development to which this permission relates shall begin within 4 years of the date of this approval or within two years of the final approval of the reserved matters, whichever is the latter.
Development restrictions
The details to be submitted in accordance with Condition 1 shall preclude: i) residential building or domestic enclosed land outside the curtilages of the Farmers Arms public house and Cattle Mart as defined by the hedge line shown in Drawing No S1; ii) finished floor levels below 37.94 m above Douglas O2 datum; and iii) any habitable room within 15 m of the boundary with the Sewage Works as shown in Drawing No S1.
Energy Impact Statement
The details to be submitted in accordance with Condition 1 shall include an Energy Impact Statement, as defined in Appendix 1 of The Isle of Man Strategic Plan, including proposals for reducing the development's energy consumption and improving its energy efficiency.
Affordable housing and open space
The development must be in accordance with Strategic Plan Housing Policy 5 and Recreation Policy 3 in respect of affordable housing and public open space respectively.
no objection subject to Flood Risk Assessment requirements and minimum 15m separation between habitable rooms and Sewage Works
no objection to demolition and site clearance; reserve comments on detailed application
visibility splays, internal layout/parking, and frontage footway with Station Road crossing to accord with standards
all units affordable; assess needs before detailed stage; sheltered possible per parish views
no intention to develop northern triangle; affordable housing shortfall demonstrated
Manx Electricity Authority expressed interest with no objection but requested a condition requiring applicant contact; Patrick Parish Commissioners objected due to lack of consultation, flood risk, sewage proximity, and prematurity; private objections from Pringle Law on behalf o…
Key concern: proximity to open sewage ponds makes site unsuitable for residential use
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application.; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.; The Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority.
Conditions requested: a condition of planning be that the applicant must contact the Authority
Patrick Parish Commissioners
ObjectionThe above was discussed by the Commissioners at their meeting on Monday last when it was resolved to OPPOSE the Application on the following grounds; The Commissioners remain opposed to the proposal presently for the reasons stated in their letter to CSO dated August 14th 2013: essentially, the application is premature pending the promulgation of a new Area Plan for the west and any changes to the strategic Plan and there are concerns about the proximity of the sewage treatment unit.
The application by Department of Infrastructure Properties Division sought approval in principle for residential development on a 0.3ha brownfield site including a disused public house and cattle mart, referred to the Council of Ministers due to the applicant's status. It was delayed for a Flood Risk Assessment but no refusal occurred; the Planning Authority made no recommendation. Key arguments included housing need for affordable units, site suitability in a village centre, no development on the northern triangle potentially affecting railway rights of way, and loss of pub/mart uses. The inspector assessed rights of way (no encroachment planned), site suitability (brownfield in residential locality, sewage works separation adequate), and housing need versus plan allocations (figures not ceilings, continued unmet affordable need). The inspector recommended approval, finding no harm to future plan-making and suitability for affordable residential use, subject to conditions on reserved matters, flood levels, sewage separation, energy efficiency, and affordable/open space policies.
Precedent Value
Confirms housing allocation figures not strict ceilings if no tangible harm and need exists; brownfield village infill for affordable housing viable even on non-residential zoned sites with heritage nod; rights of way issues addressable post-approval via separate processes.
Inspector: Alan Langton
