24 April 2015 · Council of Ministers
Field 134276, Gardeners Lane, Ramsey, Isle Of Man, IM8 2tr
The proposal sought removal of condition 1 from planning approval PA 11/00990/B, which required affordable housing provision for a development of 45 dwellings with associated infrastructure, open space, and landscaping on fields east of Gardeners Lane in Poylldooey, Ramsey.
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 documents do not contain the Planning Inspector's recommendations or detailed officer reasoning, only the formal notifications from the Council of Ministers.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of the notice.
Approved plans
This approval relates to the erection of 45 dwellings with associated highway and drainage infrastructure, public open space and landscaping as proposed in the submitted documents and Drwg Nos 2290.01.02, 2290.01.03, 2290.01.04, 2290.01.05, 2290.01.06, 2290.02.03, 2290.02.04, 2290.02.05, 2290.02.06, 2290.02.07 and 2290_ADR 500, all received on 15 July 2011.
Landscaping scheme
No development shall take place until full details of soft and hard landscaping works, and a timetable for their provision, have been submitted to and approved in writing by the Planning Authority. The landscaping works shall be carried out as approved. Details of soft landscaping works shall include additional planting along the southern boundary of the site adjacent to the former Steam railway line. Any tree or shrub which within 5 years from the date of planting dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of the same size and species.
Parking provision
No dwelling shall be occupied until its parking spaces, as shown on Drwg No 2290.01.04, have been provided.
Estate roads and lighting
No dwelling shall be occupied until the estate road from the junction of the adopted highway to the access of that dwelling has been constructed at least to base course level and lighting has been provided.
Public open space
The last 2 dwellings of the development hereby approved shall not be occupied until the areas of public open space shown on Drwg No 2290.01.04 have been turfed with grass and made available for recreational use.
Gardeners Lane realignment
The last 2 dwellings of the development hereby approved shall not be occupied until the realignment of Gardeners Lane to the north of the roundabout, as shown on Drwg No 2290.01.04, has been completed.
The original permission PA 11/00990/B for 45 dwellings included condition 1 requiring a Section 13 Legal Agreement for 11 affordable units. The application sought removal of this condition, replaced by a revised agreement allowing release of obligations for 8 units if 3 affordable units are delivered in the first phase within 2 years. The appellant argued viability issues due to challenging ground conditions, high infrastructure costs, weak market demand, and DSC support for the revision. The inspector found the proposal pragmatic, giving considerable weight to DSC's endorsement, as early delivery of 3 targeted affordable units outweighed the uncertainty of 11 units. The Council of Ministers approved on 2 October 2014, subject to finalisation of the revised legal agreement and extant conditions.
Precedent Value
Demonstrates that HP5's 25% affordable housing target can be varied on viability grounds if supported by DSC after cost scrutiny, prioritising early delivery over maximum uncertain provision. Future applicants should engage DSC early with detailed financial evidence and propose conditional legal agreements.
Inspector: Alan Langton
