24 June 2014 · Minister for Infrastructure (Hon P A Gawne MHK) following appeal dismissal
Fields 311825 311826 311827 314444 And 315097, Poortown Road, Peel, Isle Of Man, IM5 1gs
The proposal involved a residential estate of 144 two- to five-bedroom dwellings of various types (terraced, semi-detached, detached) with associated internal roads, car parking, private sewage treatment plant, surface water attenuation tanks, public open space exceeding amenity and children's play requirements (but no…
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The Minister considered the appointed inspector's report and concurred with its conclusions that the development accorded with the Peel Local Plan's residential zoning and Strategic Plan policies desp…
Housing Policy 3
Requires distribution of 1000 dwellings in west to 2016; officer/inspector assessed exceedance (up to 278 with windfalls) as non-material (targets not ceilings; ~1.2% excess negligible after lapsed permissions; prior appeals precedent; market controls buildout). No harm to spatial strategy despite numerical breach.
General Policy 2
Requires development respects site/surroundings (siting/layout/scale/design/landscaping), no adverse landscape/townscape/amenity/highway impacts; satisfied by density reduction/mix to countryside edge, compatible house forms, adequate parking/access, tree protection.
Environment Policy 42
New development to reflect local character/landscape; layout provides transition to countryside (lower density east, gables south, retained copse breaks edge); no backland/inappropriate removal of green space.
Housing Policy 5
25% affordable on sites 8+ dwellings; Section 13 Agreement required (flexible: on-site sheltered/general/FTB or commuted sum).
Recreation Policy 3
New residential 10+ dwellings provide amenity/children's/formal space per Appendix 6; amenity/children's exceeded on-site; formal met by adjacent QEII fields (prior precedent PA 10/00544/B); play equipment via agreement/method statement.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Approved plans
This approval relates to Drawings 2460.01.01; 2460.01.02; 2460.01.03; 2460.02.01 to 2460.02.25 Rev A; and ADR_500 all date stamped as received on 31 October 2013.
Landscaping scheme
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Method statement
Prior to the commencement of any development on the site, a Method Statement shall be submitted to and approved in writing by the Department of Infrastructure (Planning and Building Control Division). The statement shall include: the phasing of the provision of the public open spaces shown in drawing 2460.01.02; the phasing and siting of any construction compound and details of any fencing; details of the provision of play equipment shown in drawing 2460.01.02 and the phasing and timing of the construction of the estate road and the management of residents' and construction traffic during construction. The development shall be carried out in accordance with the approved Method Statement unless otherwise agreed in advance in writing by the Department of Infrastructure (Planning and Building Control Division).
Tree protection
Prior to the commencement of any work on plots 26, 33, 34 and 43 or the roads or drainage associated with them, the canopy spread of the trees to the east of the site which are to be retained, must be adequately protected by the erection of stout protective fencing which must be retained for the duration of the construction and within which no material may be stored nor vehicles parked during the period of construction.
Road layout complies with Manx Roads (car parking per Strategic Plan); condition for phased road construction to avoid conflict with adjacent estate
Schools coping but monitoring pressure; layout acceptable (gables to school, single pedestrian access); drainage/boundary fencing agreed
No objection if no detrimental impact on watercourse (bunds, no pumping trenches; install spillway July-Sep)
25% affordable housing required via Section 13 Agreement (sheltered rented, public sector general, first-time buyer; on-site or commuted sum)
The original application for 144 dwellings with infrastructure on designated residential land in Peel was approved by the Planning Committee on 24th June 2014 subject to conditions and a Section 13 Agreement. The Peel Town Commissioners appealed, arguing exceedance of housing guidelines for the West (27% over 1,000 dwellings), infrastructure deficiencies (sewerage, schools, medical, policing), highways/parking issues, and inadequate open space. The applicant (Heritage Homes Ltd) and planning authority defended the scheme as compliant with the Peel Local Plan allocation, Strategic Plan policies (not ceilings), adequate infrastructure, and no material harm. The inspector analysed housing numbers as targets not ceilings, found highways, open space, and sewerage satisfactory, personal services manageable in a Service Centre, and the scheme well-designed. The inspector recommended dismissal of the appeal, upholding the approval with minor condition amendments.
Precedent Value
Confirms Strategic Plan housing figures as targets not rigid ceilings, especially on allocated sites in Service Centres; emphasises physical evidence over capacity assertions; future applicants should prioritise Highway Authority support, EIA exemptions on zoned land, and phased service impacts.
Inspector: Alan Langton
