20 February 2015
Land At Junction Of The Castleward Green And, Ballanard Road, Douglas, Isle Of Man, IM2 5ps
The proposal involved erecting two detached dwellings on two parcels of undeveloped land (total 0.38 ha) alongside Ballanard Road (A22), with access from the road and landscaping positioned about 12m back from the highway.
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General Policy 2
Requires development in accordance with zoning to respect site/surroundings in siting/layout/scale/design/landscaping, not adversely affect landscape character, wildlife/habitats, amenity, access/safety, or prejudice adjoining land. Officer assessed proposal fails as it loses intended open space screen/amenity, extends built development and managed landscaping northward contrary to original Castleward Green intent and Local Plan designations.
Strategic Policy 1
Requires optimising previously developed land, efficient site use, location utilising infrastructure/services. Officer noted site previously found unsustainable (PA 04/00966/B) due to distance to amenities, lack of public transport, encouraging private car use.
Strategic Policy 2 - Priority for new development to identified towns and villages
New development primarily in towns/villages or sustainable urban extensions; countryside only in exceptional cases. Officer considered site in open countryside despite partial Residential zoning.
No objection; prepared to adopt proposed open space if suitable; does not oppose as it provides alternative open space
Douglas Borough Council has no objection to the proposals, Highways recommends deferral due to access issues on a de-restricted road, Manx Utilities requests contact for electricity supply, and multiple local residents object citing loss of open space, traffic safety, and rural character.
Key concern: proposed accesses onto de-restricted highway outside 30mph limit
Douglas Borough Council
No ObjectionDouglas Borough Council would have no objection to the proposals.; The Council would not support a reduction in open space provision at this development, but would not object to alternative provision being made if this can be seen as a benefit to local residents.; The Council would consider a formal application to adopt the open space upon completion, providing the land is in a suitable condition for adoption.
Conditions requested: land is in a suitable condition for adoption
Manx Utilities
Conditional No ObjectionThe 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.; Contact the Manx Utilities, Planning Department (Tel. 687781), to discuss the electricity supply for this application.
Conditions requested: applicant must contact the Authority; Contact the Manx Utilities, Planning Department (Tel. 687781), to discuss the electricity supply for this application.
Highway Services
ObjectionDefer; Highways recommend that the new access is onto The Castleward Green
The original application PA 07/02358/B for residential development layout for 12 dwellings on 7.5ha of open pasture at Castleward Green, Ballanard Road, Douglas was refused by the Planning Committee primarily because the site is zoned Open Space in Agricultural Use under the Douglas Local Plan 1998, contrary to Strategic Policy 2, and access/visibility issues (later not pursued). The appellant argued for an exception under General Policy 3(g) due to overriding national need for high net worth individual housing supported by the Treasury Minister, housing shortfalls, sustainability, and low density design. The Inspector concluded no sufficient exceptional circumstances exist, the site is unsustainable and would harm the rural setting of Douglas, and development is premature pending the Eastern Area Plan; highway safety objection was dropped. The Minister accepted the Inspector's recommendation to dismiss the appeal on grounds of policy conflict, lack of proven national need, and prematurity.
Precedent Value
This appeal sets precedent that high net worth housing does not automatically qualify as overriding national need under GP3(g) without Area Plan assessment of alternatives; future applicants must demonstrate no reasonable sites via formal process, not ad hoc arguments, and await Area Plans for countryside exceptions.
Inspector: David G Hollis
