22 July 2010 · Council of Ministers following Independent Inspector's recommendation
Hampton Farm, Castletown Road, Douglas, Isle Of Man, IM2 2dn
The proposal involved redeveloping a former golf course maintenance area (partly zoned residential, partly open space/woodland) into 28 houses (12 two-bedroom, 16 three-bedroom semis/terraces) and 8 walk-up apartments in two blocks, for first-time buyers under the affordable housing scheme.
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
The inspector accepted the principle of residential development despite partial open space zoning, citing prior approvals (e.g.
General Policy 3
Presumption against new building outside zoned development areas. Small site area unzoned for residential (open space/woodland); principle accepted due to planning history and site character as former yard.
Environment Policy 1
Protects countryside; small unzoned area but outweighed by residential zoning of 75% site and prior approvals.
General Policy 2
General development criteria; scheme met via design, amenity, highway mitigations.
Housing Policy 5
25% affordable housing for 8+ dwellings on zoned land; proposal 100% first-time buyer affordable, secured by Section 13.
Housing Policy 6
Residential zoned land per area plan brief or para 6.2 criteria; innovative design accepted.
Recreation Policy 3
Landscaped amenity/open space for 10+ dwellings per Appendix 6; on-site shortfall met by off-site contribution.
Recreation Policy 4
Open space on-site or nearby, accessible by foot/PT.
Transport Policy 7
Parking per standards; numerical compliance accepted despite layout variances.
Environment Policy 42
Design reflecting local character/identity; innovative design with screening accepted despite backs onto road.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This permission relates to the creation of a residential estate comprising 28 houses and 8 apartments with associated roads and infrastructure as shown in drawing numbers 1154-20-B, 1154-21-B, 1154-23.C, 1154-17-E, 1154-16-E, 1154-14-E date stamped 5th February 2010, 1154-10-E, 1154-13-F, 1154-15-F, 1154-24-B, 1154-18-E, 1154-19-E, 1154-25, 1154-26 and 1154-27 date stamped 6th April 2010, Environmental and Energy Impact Statement prepared by Hugh Logan Architects date stamped 5th February 2010, Design and Planning Statement prepared by Hugh Logan Architects date stamped 22nd April 2010.
Materials approval
No development shall take place until samples of the facing, roofing and paving materials have been submitted to and approved in writing by the Planning Authority, and these works shall be carried out in accordance with the approved details.
Access construction
No dwelling shall be occupied until the vehicular and pedestrian means of access have been constructed in accordance with the approved plans, and those means of access shall thereafter be kept available at all times for their respective purposes.
Parking provision
No dwelling shall be occupied until the car parking and manoeuvring areas have been provided in accordance with the approved plans, and those areas shall thereafter be kept available at all times for their respective purposes.
Removal of permitted development rights
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, sheds, summerhouse, flag poles, decking, garages or tanks for storage of oil for domestic heating shall be erected without the express consent of the Planning Authority (other than those expressly authorised by this approval).
Soil contamination survey
Before the development hereby permitted commences on the site, a soil survey of the site shall be undertaken and the results provided to the planning authority. The survey shall be taken at such points and to such depth as the planning authority may stipulate. If contamination is found a scheme for decontamination of the site shall be submitted to and approved by the Planning Authority in writing and the scheme as approved shall be fully implemented and completed before any residential unit hereby permitted is first occupied.
Landfill gas protection
In the event that any landfill gas is found as part of the soil survey work in accordance with Condition 7, no development shall take place until a scheme of gas protection measures for the development has been submitted to and approved in writing by the Planning Authority, and thereafter, the works shall be carried out in accordance with the approved detail before any residential unit hereby permitted is first occupied.
Landscaping scheme
No development shall take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the Planning Authority and those works shall be carried out as approved. Details of hard landscaping works shall include boundary treatment, footpaths, driveways and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details within 3 months of the first occupation of the dwellings hereby permitted; and all planting shall be carried out in accordance with the approved details in the first planting and seeding seasons following that first occupation. Any tree or shrub which within 5 years from the completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species, unless the Planning Authority gives written consent to any variation.
Tree protection
The existing trees on site, other than those indicated to be removed on the approved drawings, shall not be cut down, grubbed out, topped, lopped or uprooted without the written consent of the Planning Authority. In the event that a tree should be removed without such consent or should die, become seriously damaged or diseased within a period of 5 years from the completion of the development, it shall be replaced in the next planting season with another of similar species in the same location, unless the Planning Authority has given written consent to any variation.
Tree safeguarding during construction
No development or other operations shall be commenced on this site until adequate steps, which shall have been previously approved in writing by the planning authority, have been taken to safeguard all trees on the site together with those trees whose root structure may extend within the site, against damage or injury during construction works. In particular no excavations, site works, trenches or channels shall be cut, or pipes or services laid, or any other works carried out in such a way as to cause damage or injury to the trees by interference with their root structure and no soil or waste shall be deposited on the land in such a position as to be likely to cause damage or injury to the trees.
Highway improvements
The development hereby permitted shall not be occupied until the highway improvement works to the New Castletown Road have been constructed in accordance with the approved drawings.
Visibility splay
Before the access is first used a 4.5 metre x 90 metre visibility splay shall be provided in accordance with the approved drawings and thereafter the visibility splay shall be kept clear of any obstruction to visibility over 1 m in height.
Disabled access ramp
Prior to the occupation of apartment block F2, the disabled access ramp to the building must have been constructed in accordance with the approved plans.
Playground equipment
Prior to its installation details of the equipment to be installed in the children's playground shall be submitted to and agreed in writing with the Planning Authority and the equipment installed shall accord with the agreed details.
Open space completion
The last two dwellings of the development hereby approved shall not be occupied until the approved play areas/public open space have been laid out and made available for use as such and equipment has been installed in accordance with condition 14 above.
Obscure glazing
The windows to be formed at first floor level in the side elevation of the houses on Plots 9 and 14 and in the west facing elevation of apartment F1 shall only be glazed or re-glazed with obscure glass.
Bin storage
No dwelling hereby permitted shall be occupied until the bin storage facilities have been provided in accordance with the approved plans, and those facilities shall thereafter be kept available at all times for their designated purpose.
no objection in principle to Section 13 agreement for open space deficit
no objection subject to visibility splay condition
condition to ensure 100% affordable housing
no objection subject to detailed drainage approval and Section 8 agreement
The original application 10/00149/B for creation of a residential estate comprising 28 houses and 8 apartments with associated infrastructure on land partly zoned residential and partly open space/golf course was refused, though specific refusal reasons are not detailed in the documents; prior application 07/01538/B was refused for inadequate open space, parking, and over-intensive development. Appellant Haven Homes Ltd argued improvements addressed prior refusals, full compliance with parking/open space via Section 13 agreement, innovative design, and acceptance of residential principle per planning history including approved 04/2088. Planning Authority supported approval subject to Section 13 agreement on affordable housing, open space contribution, and golf safety fencing, finding previous refusal issues resolved. Inspector agreed, accepting principle on sustainable site addressing housing need, adequate parking/open space with agreements, acceptable layout/design/visual impact despite some concerns, and recommended approval with modified conditions. Council of Ministers accepted Inspector's recommendation and approved on 22 July 2010.
Precedent Value
Demonstrates principle of development on partly non-zoned land can be accepted where planning history supportive and housing need evident; Section 13 agreements critical for open space contributions, affordable housing, and third-party concerns; inspectors flexible on parking/open space if overall standards met.
Inspector: Neil A C Holt TD BArch(Hons) DipTP DipCons RIBA MRTPI
