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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 23/00823/B Applicant : Castletown Commissioners Proposal Erection of 133 dwellings with associated drainage and access (Amendments to 19/00961/B) Site Address School Hill/Westhill Estate Castletown Isle Of Man
Case Officer :
Lucy Kinrade Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Approve subject to Legal Agreement Date of Recommendation 02.02.2024
Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. Fencing and boundary treatment shall be carried out in full accordance with drawing number SC1536/P/10-05 Rev B and SC1536/P/10-02 Rev D and retained as such thereafter.
Reason: to ensure that the boundary treatment is appropriate for the character and appearance of the estate including pedestrian routes through the development and to align with those conditions satisfied under 19/00961/B.
C 3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012, or any such Order superseding this, no wall or fence may be erected other than those approved in this application, where the fence or wall would sit between any dwelling and a highway including pedestrian routes within the site.
Reason: to retain a pleasant and open estate as shown in the submitted plans.
C 4. No site clearance, preparatory work or development shall take place until the tree protection measures are installed in accordance with those details shown on drawing SC1536/P/10-05 Rev B and SC1536/P/10-02 Rev D. The protective measures shall remain in place until the development is complete unless otherwise approved in writing by the Department.
Reason: to ensure that the proposed tree retention is practicable and implemented that the retained trees are adequately protected throughout the construction period.
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C 5. Prior to the occupation of the last dwelling, the cycle parking shall be installed and provided in accordance with the details shown on drawing SC1536/P/10-02 Rev D and shall be retained for such purposes thereafter.
Reason: to support active travel and sustainable transport.
C 6. Prior to the occupation of any dwelling, the respective car parking for that dwelling must be provided in accordance with SC1536/P/10-02 Rev D and thereafter retained free and available for parking purposes.
Reason: to ensure off road parking is available in the interest of highway safety.
C 7. Prior to the occupation of the last dwelling the traffic calming measures shall be installed in full accordance with SC1536/P/10-02 Rev D and retained as such thereafter.
Reason: in the interests of highway safety and to align with the satisfied conditions of 19/00961/B.
C 8. Prior to the occupation of the last dwelling, the EV charging shall be installed and provided in accordance with the details shown on drawing SC1536/P/10-06 Rev A and SC1536/P/10-02 Rev D and shall be retained for such purposes thereafter.
Reason: to support sustainable travel.
C 9. Prior to the occupation of any dwelling the respective wheelie bin store for that dwelling shall be provided in full accordance with those details shown on SC1536/P/10-03 and retained thereafter.
Reason: in the interest of suitable bin provisions for each dwelling.
C 10. The hardstanding connection from Westhill Avenue to the bus stop on the A5 as shown on SC1536/P/10-02 Rev D shall be completed prior to the occupation of the first dwelling in Phase 3 of the site and retained thereafter.
Reason: in the interest of highway safety and access to the bus stop and sustainable travel.
C 11. Notwithstanding the wider site detail shown on drawing BBC ZZ DR 311 C02, approval of this drawing relates only to the details given for the highway alignment and highway level details specified. The highway alignment and levels must be carried out in full accordance with the details and retained as such thereafter.
Reason: For the avoidance of doubt as the drawing shows other detail which relates to the original 19/00961/B and not to this current application and this drawing is being assessed for the highway alignment and levels only in the interest of highway safety.
C 12. Notwithstanding the wider site detail shown on drawing BBC ZZ DR 312 C01, approval of this drawing relates only to the details given for the highway contours specified and any works relating to highway contours shall be carried out in full accordance with the details provided and retained as such thereafter.
Reason: For the avoidance of doubt as the drawing shows other detail which relates to the original 19/00961/B and not to this current application and this drawing is being assessed for the highway contours only in the interest of highway safety.
C 13. Prior to the commencement of any works relating to dwellings within Phase 2 or Phase 3 (which ever is the sooner), details of the layout of the Public Open Space including any
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children's play equipment and landscaping, and including a schedule of implementation shall be submitted to the Department for approval. Any works relating to the Public Open Space shall be carried out in full accordance with the approved details and maintained thereafter.
Reason: To ensure the Public Open Space is provided in the interest of public amenity.
N 1. For avoidance of doubt, the conditions supporting planning approval 19/00961/B which required submission of further detail (specifically conditions 2. 4, 6 and 8), whilst all having been satisfied, the obligations are reiterated by this approval.
N 2. FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.
You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.
To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.
This application has been recommended for approval for the following reason. The physical works relating to site layout changes are all considered to have an acceptable visual, amenity and highway safety impact and not to create any increased or unacceptable harm beyond the works already accepted under 19/00961/B and suitably worded conditions will be added to ensure works are carried out in accordance with the submitted details, and whilst there will be a loss of existing public sector housing from 101 to 94, the overall replacement and upgrading of 94 public sector houses along with redevelopment of the immediate surroundings including upgraded internal road networks and public space provision are circumstances that weight in favour of the scheme, and on an exceptional basis considered to outweigh the loss of 7 public sector houses in this specific case. Subject to conditions and a S13 securing the affordable housing the application is considered acceptable in line with Strategic Policies 1, 2 and 12, Spatial Policy 2, General Policy 2, Housing Policy 5, principles of Housing Polkicy 18, principles of Recreation Policies 3 and 4, Transport Policy 2 and principles of Transport Policies 4 and 7 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This approval relates to the following information and drawings all date received 07/07/2023 unless otherwise stated below:
o SC1536/P/00-01
Site Location Plan o SC1536/P/00-10
Existing Site Plan o SC1536/P/10-01 Rev D Proposed Roof Plan o SC1536/P/10-02 Rev D Proposed Site Plan (21.08.2023) o SC1536/P/10-03
Wheelie Bin Refuse (21.08.2023) o SC1536/P/10-05 Rev B Indicating Planning Conditions o SC1536/P/10-06 Rev A EV Charging Points o SC1536/P/10-07 Rev B Proposed Site Plan Showing Highlighted Changes o SC1536-P 10-08
Proposed Affordable Housing Plan o SC1536/P/10-10 Rev B 2 Bed Bungalow o SC1536/P/10-112 Rev B 2 Bed House o SC1536/P/10-113 Rev B 3 Bed House (sheet 1) o SC1536/P/10-113 Rev B 3 Bed House (sheet 2) o SC1536/P/B15 10-11 Rev B 3 Bed Disabled Bungalow (11.07.2023)
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o SC1536/P/10-12 Rev B 2 Bed House o SC1536/P/10-13 Rev B 3 Bed house (sheet 1) o SC1536/P/10-13 Rev B 3 Bed House (sheet 2) o SC1536/P/10-14 Rev B 4 Bed House (sheet 1) o SC1536/P/10-14 Rev B 4 Bed House (sheet 2) o SC1536/P/10-15 Rev B Apartments (sheet 1) o SC1536/P/10-15 Rev B Apartments (sheet 2) o SC1536/P/10-16 Rev B Garages o SC1536/P-12-01 Rev B Proposed Street Elevation o SC1536/P/12-04
School Hill Avenue Visualisation o SC1536/P/12-05
Junction of Alexandra Road Visualisation o SC1536/P/12-06
Malew Street Visualisation o SC1536/P/12-07
Alexandra Road Visualisation o HMTC Stage 1 Road Safety Audit o HMTC Transport Assessment o Agent's Covering Letter o Design and Access Statement
and the following date received 21/12/2023: o BB DWG NO. BBC ZZ DR 210 C05 o BB DWG NO. BBC ZZ DR 211 C06 o BB DWG NO. BBC ZZ DR 220 C02 o BB DWG NO. BBC ZZ DR 221 C01 o BB DWG NO. BBC ZZ DR 230 C03 o BB DWG NO. BBC ZZ DR 231 C02 o BB DWG NO. BBC ZZ DR 232 C02 o BB DWG NO. BBC ZZ DR 310 C02 o BB DWG NO. BBC ZZ DR 311 C02 o BB DWG NO. BBC ZZ DR 312 C01 o BB DWG NO. BBC ZZ DR 313 o BB DWG NO. BBC ZZ DR 350 C02 __
Interested Person Status
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations: o Department for Enterprise
It is recommended that the following Government Departments should not be given Interested Person Status on the basis that they have not made written submissions relating to planning considerations: o Manx Utilities
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2): o The Owners of Croft Beg, The Crofts, Castletown as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status.
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Officer’s Report
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THE APPLICATION IS BEFORE PLANNING COMMITTEE AS IT WOULD RESULT IN A DEVELOPMENT OF MORE THAN 8 UNITS AND IS SUBJECT TO A LEGAL AGREEMENT
THE SITE 1.1 The application site relates to a public sector housing estate run by Castletown Commissioners which has recently been approved for redevelopment with 133 dwellings comprising a mix of housing types including two, three and four bed dwellings some of which bungalows, some houses and some apartments. Some of the dwellings are also disability friendly accessible bungalows.
BACKGROUND OF SITE 1.2 There have been two recently withdrawn applications seeking to relocate 2 of the accessible bungalows to the other side of the site where the land is flatter, during this process it became apparent that there was a number of other significant works which needed to take place to accommodate the relocated bungalows, as well as some other planned works which had evolved through the phasing works at the site and further details are provided for this later in the report (3.0 and 6.0). These changes amounted to the need for re-submission for the whole site including the need to address the conditions actioned on the original approval 19/00961/B.
1.3 In December 2022 PA 22/00967/B was presented to Planning Committee (PC) which sought approval for the layout changes to the 2019 approval and with no changes to the Affordable Housing Units (AHU) or public open space beyond the original 2019 approval. The recommendation was to approve subject to a legal agreement duplicating the AHU figures of the original 2019 approval and PC approved the application subject to the S13 legal agreement.
1.4 As part of the S13 process the agent/applicant sought to change the AHU numbers. It was made clear that in order to do this it needed to form part of the full advertised planning application and properly consulted on, and could not be done as part of the S13 process. This 2023 application has been submitted to do address the proposed changes to the existing public sector housing number and AHU as well as the estate layout changes.
THE PROPOSAL 2.1 The proposal now seeks estate layout changes, reduction to existing public sector housing numbers and AHU changes compared to 19/00961/B there are detailed below:
Estate Layout Change: 2.2 Relocate 2 accessible bungalows (B15) to the opposite side of the estate and into the southeast corner. The proposal will also see 16 other two bed bungalows along the southern row being repositioned to accommodate the changes to the accessible units.
2.3 Supporting information indicates that the new site for two accessible bungalows is more level and more easily accessible to public footpaths and to the town centre. Changes to the two properties also includes floor plan changes and a footprint increase by 1200mm, and some internal reconfigurations resulting in changes to window positions. Wheelie bin areas for each dwelling has been added to the frontages.
2.4 Car parking along the southernmost edge will also be modified to relocate the disabled bays outside of the accessible units.
2.5 This application also now proposes to re-angle two dwellings (B16) in the south-west corner to run flat with those already along the southernmost boundary and the creation of an extended roadway to provide access. This also includes the modification of car parking spaces to relocate two outside of the re-angled dwellings.
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2.6 Also proposed are the installation of two areas of electric vehicle charging points which have resulted in the loss of 2 car parking spaces within the estate.
2.7 The application submission also includes detail relating to conditions actioned on the original 2019 approval in respect of traffic calming measures, cycle stores, boundary treatments and tree protection. Drawings have also been submitted to clarify the extent of the development works proposed (and already approved as part of 19/00961/B) for the rest of the site which will be built in phases.
Affordable Housing Units 2.8 The figures are calculated as follows: o 94 houses = to be let as public sector housing (7 house reduction from 101 original estate) o 39 houses = to be sold on open market o 10 of which are to be Affordable Housing Units (25% of 39 = 9.75 rounded up)
2.9 Public Open space (POS) is not being changed from 19/00961/B and is indicated in the agents supporting statement as being 2682 sq m proposed most of which is within a central area with landscaping, seating and childrens play area. Although referenced within the previous officers conclusion for 19/00961/B, the POS was not specifcally worded within the previous S13 agreement, wording covered affordable housing only although attached at the end was a copy of the agents original POS calculations.
PLANNING HISTORY 3.1 The site has been the subject of a number of historic applications for alterations to existing houses, the erection of new dwellings and alterations to accesses, but the most relevant in this case is PA 19/00961/B for the redevelopment of the estate with 133 properties which was approved subject to a number of conditions some of which required detail to be submitted prior to commencement including detail for boundary treatments, tree protection plans, cycle parking and traffic calming measures. A condition was added revoking permitted development for fencing, walls and gates and another to ensure parking was provided in accordance with the approved drawings prior to occupation of dwellings.
3.2 Since 2019 there have also been two applications submitted which primary sought to relocate two bungalows, 21/01508/B and 22/00547/B. Both of these were later withdrawn as they both failed to acknowledge the need for a significant amount of other work to accommodate the changes and which would also need planning approval. 22/00967/B remains on hold until determination of this 2023 application.
PLANNING POLICY 4.1 The site is designated on the Area Plan for the South 2013 as Residential. The original application 19/00961/B under which the 133 houses were originally approved was assessed against a significant number of paragraphs and policies of both the Area Plan for the South 2013 (APS) and the Isle of Man Strategic Plan 2016 (IOMSP) these relating to the need for regeneration and redevelopment, suitable urban capacity and density of development, directing development to key centres and on appropriately zoned sites, safeguarding satisfactory affordable housing provision and open space, and ensuring suitable and high quality design and development standards in terms of visual and amenity impacts and highway safety. These paragraphs and policies are listed below in summary but can be viewed in full in the relevant corresponding documents. Regard also given to the recently released Residential Design Guidance 2021 in development of new dwellings.
4.2 APS 2013 o Paragraphs 2.1.11, 4.4.6, 4.4.7, 4.13.1, 4.13.2 - relate to processes of 'plan, monitor and manage' through urban capacity assessments, Residential Land Availability Study, regeneration of existing housing stocks and density of development on sites to maximise and
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make best use whilst consulting with appropriate utilities providers such as IOM Sewerage Authority.
4.3 IOMSP 2016 o Strategic Policies 1, 2, 5 and 12 - relate to re-use of existing sites, good design and regeneration of existing sites o Spatial Policy 2 - directs development to existing key centres including Castletown o General Policy 2 - general standards towards acceptable development o Housing Policies 5 and 18 - relate to affordable housing and replacement housing o Recreation Policies 3 and 4 - amenity and open space for development o Transport Policies 2, 4 and 7 - need for appropriate and safe highway provisions
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Castletown Commissioners - no comments received as of 02/02/2024.
5.2 Department of Infrastructure Highway Services - Do not oppose subject to conditions (23/08/2023 and 22/12/2023) - conditions sought: o site plan, cycle stores and EV charging as per DWG 10.02.D o bin stores as per DWG 10.03 before occupation of each dwelling o vehicle parking as per approved plan 10.02 D before occupation of each dwelling o hardstanding connection as per DWG 10.02 D shall be completed before first occupation of first dwelling in phase 3.
5.2.1 A section 4 highway agreement will be required and closing parts of the adopted highway will need an extinguishment order both matters to be dealt with outside planning.
5.2.2 No further comments providing the red surfacing on the footways across the site, and cycle parking provision, as per Rev C site plan, are retained on the 21 Dec site plan proposals and additional details.
5.3 Department for Enterprise - Head of Business Agency - in support (14/08/2023) proposal meets major strategy driver in the IOM Economic Strategy Nov 2022 and delivering aspects of the Island Plan and infrastructure and services elements of the Built Environment Reform Programme.
5.4 Manx Utilities - no objections (19/01/2024) - comment that the developer enters into an adoption agreement with the authority.
5.5 The owners of 'Croft Beg', The Crofts, Castletown - Objection (31/07/2023) - they raise concern in relation to the lack of detail for works to Bog Lane which sits within the Conservation Area and they highlight that increased pedestrian access to this lane will create noise to surrounding properties and the lane is frequently used by people returning home late at night together with dog walkers.
5.6 DOI Housing - comments have been sought and are awaited (02/02/2023).
ASSESSMENT 6.1 There have been two recently withdrawn applications which sought to relocate 2 accessible bungalows to the other side of the site where the ground is flatter and would be more beneficial to any future occupants. During these applications it became apparent that a number of other significant works (moving of other dwellings) needed to take place in order to accommodate the bungalow relocation and since the original 2019 approval the agent/applicant also seek to make changes to other parts of the site including re-aligning of two dwellings,
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parking and road layout changes in the south-west corner, installation of EV charging points and changes to the affordable housing numbers.
6.2 This 2023 application would now act as the new consolidated application for the entire site completely replacing the 2019 approval which would fall away, although 2019 remains a material consideration given that works to phase 1 have started and could be continued in full accordance of the 2019 approval and its respective S13 agreement, and so minded of this material consideration the general level of development as sought in this 2023 application remains similar in still being for 133 dwellings with associated access and drainage works and so the key tests of this application fall to the assessment of the new changes now being made to the site layout as referred in 2.0 above and full assessment of the changes sought to the existing public sector housing and affordable housing numbers.
6.3 The key issues to consider in this case are those physical works relating to the estate layout changes and whether the loss of existing public sector housing and change to affordable housing numbers is acceptable:
Physical Works and Layout Changes: i. Visual Impacts - whether or not the reposition of the dwellings (accessible bungalows B15 and dwellings B16) results in any new increased or adverse visual impacts; ii. Amenity Impacts - whether or not the repositioning of the dwellings (accessible bungalows B15 and dwellings B16) result in any new, increased or adverse neighbouring amenity impacts; iii. Highway Safety Impacts - whether or not the introduction of EV charging points and car parking space changes will result in any highway safety issues, and iv. Impact on Previous Conditions - whether approval of the new application will contravene any of those conditions actioned on the previous 19/00961/B approval or potentially impact on the previous Section 13 Agreement. v. Other Material Considerations - clarification of the drainage, highways, house types and public open space (19/00961/B)
Loss of Housing and Affordable Housing vi. Reduction to public sector housing compared to original estate of 101 houses vii. Affordable Housing calculation
i) Visual Impact 6.4 The proposals do not increase the number of dwellings nor make any significant changes to their overall size, scale, design or appearance. The scope of works remains largely unchanged and the repositioning and changes to the dwellings are not expected to result in any new or increased adverse visual impacts beyond that already approved for the wider residential estate as to warrant a concern now. The visual impact of the repositioning of the dwellings is considered acceptable.
ii) Amenity Impact 6.5 Not too dissimilar from the conclusions of the visual impact, there are no proposals to increase the number of dwellings nor any changes to the property types as to create any new or increase issues beyond that already accepted as part of the 2019 application and which could still be constructed although it is noted that there is limited comparative existing and proposed site level details for the dwellings and their true impact, although aforementioned the 2019 could still be progressed and its unsure how a different judgement could now be reasonably be reached. The re-aligning of the two southwest dwellings will bring their building line closer to the neighbouring sites, however not considered to result in any significant adverse overbearing or amenity impacts as to raise concern or issue in this case. The amenity impact of the re- positioning of the dwellings is considered acceptable.
iii) Highway Safety Impacts
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6.6 The proposal includes the relocation of some parking spaces and the reconfiguration of their layout to accommodate the changes being made to the re-angled dwellings and the relocated bungalows. The proposal also includes the introduction of EV charging points which require larger car parking spaces either side. The information submitted with the application indicates that these changes will result in the loss of three car parking spaces for the whole estate (there are no changes being made to the separate garages). The site is located within close proximity to the town centre and to local bus routes, there are also designated cycle parking bays to support alternative means of transport, in this instance it is considered that the reduction by three spaces is not considered to significantly adversely harm the highway safety area of the estate or surrounding highway networks, also minded that DOI Highway Services have indicated no opposition to the proposal.
iv) Impact on Previous Conditions 6.7 Approval and implementation of this application would replace the previous 2019 approval, and so it is important as part of the assessment and determination that approval does not undermine any conditions of the original approval. The 2019 application was approved with a number of conditions including four 'prior to' conditions relating to details for boundary treatments, a tree protection plan, a cycle parking plan and traffic calming measures all of which were satisfied (Conditions 2, 4, 6 and 8). There were also four other conditions added relating to the standard 4 years, revoking of the PDO for fences and walls, one ensuring the tree protection was in place before works start and that car parking must be provided prior to occupation of any dwelling.
6.8 As part of this application the agent has sought to include upfront the 'prior to' details for the boundary treatments, tree protection, cycle parking and traffic calming measures. All these details remain as previous satisfied with the only notable change being the adjusted boundary lines to accommodate the re-positioned dwellings but the selected fencing detail remaining the same. The detail remains acceptable and suitably worded conditions will be added to ensure the works are now carried out in accordance with these details rather than provided prior to.
6.9 Conditions will still be added in respect of the standard 4 years, revocation of the PDO for fences and walls, the need for the tree protection to be in place and car parking to be provided before occupancy to ensure consistency with the 2019 approval.
v) Other Material Considerations 6.7 There are to be no significant changes to the foul and public drainage for the estate nor for the house types, access, general road layouts or public open space beyond that already considered acceptable as part of the 2019 application. The respective detail for these elements has been updated and submitted again as part of this application, no objections have been received from Manx Utilities noting only for an adoption agreement outside the remit of planning, and on this basis remains acceptable. It is noted that the Road Safety Audit approved for 2019 doesn't include the reconfigured roadway and parking now proposed in front of the re- angled B16 dwellings, however that 2019 report stated the original road layout having a sharp right angle could have caused kerb hitting by motorists due to its sharp turn, the proposal now would remove this bend and could to some degree help towards alleviating the previous concern. The proposal in respect of highway and drainage layout, house types and estate access remains acceptable. A nearby property has raised concern regarding the lack of detail provided for any works to 'Bog Lane', whilst this neighbour has indicated this is currently used for access purpose and may likely remain for access purpose for the site, there are limited details for it particularly minded of the Conservation Area. However there are certain levels of development that can be undertaken under the Permitted Development Order by public bodies and/or DOI Highways, in any case a suitably worded condition or note could be added to address this part should it be necessary.
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6.8 The existing estate is already below the required Public Open Space (POS), the proposed POS for the additional dwellings takes the form of children's play area and landscaped courtyard central to the development, this Public open space (POS) remains unchanged from that previously approved under 19/00961/B and indicated in the supporting statement as being "Total Open Space provided 2,682 sq m", there is no reasonable reason to reach any other conclusion beyond 19/00961/B on its acceptability, and minded the applicant is the local authority a condition seeking details of POS, any play equipment and timing of delivery would be acceptable in this instance.
vi. Reduction to public sector housing compared to original estate of 101 houses
19/00961/B Brief Planning History Summary 6.9 The 2019 application was approved subject to a legal agreement seeking 18 affordable units, a calculation that the previous officer concluded on the basis that it was originally intended that the estate of 101 public sector homes would be replaced with 101 public sector homes with 32 additional homes and it was on this basis that the Planning Committee approved the application. But through the application it appears that the 101 public sector homes were to be replaced only with 91 public sector homes and so that loss of 10 units was to be replaced by 10 affordable units in the S13 agreement and this taking the total to 18 affordable units (10 of which were to overcome the loss to 91, and 8 being 25% of 32, this leaving 23 houses for sale on open market.
2023 Proposal and Assessment 6.10 This application now seeks the reduction from 101 to 94 which is a loss of 7 public sector houses and given the waiting list for such homes across the Island it is vital to assess that loss.
6.11 The supporting information sets out that existing public sector homes on the site fell below standard and were beyond economic repair and that the key goal was to ensure public sector homes to all the existing tenants and looking to redress the balance between public sector housing and private housing in Castletown where public sector housing accounts for a disproportionately high percentage which they feel impacts inward investment and further development in and to Castletown. They indicate that whilst there will be a loss of 7 houses "there will be a better balance of smaller units that the current situation, with a surplus of typically under occupied 3 bedroom family homes". They state that new homes will be built to much higher standards and including ASHP and PV panels, none of the original tenants will be without housing (noting some may no longer require, desire or be eligible) and the Commissioners believe there will be a surplus of public sector housing after development for allocation to waiting lists or voids created as potential tenants seek to relocate to higher quality housing. The supporting information also indicates "that the cost of the Development would be defrayed by the income derived from the sale of the additional properties to be sold on the open market, with a proportion (to be reflected in the proposed section 13 agreements) being sold as first time buyer accommodation".
6.12 Financial viability is often at the core of redevelopment schemes and in this case the applicant is the local commissioners and in order to help offset some of the financial costs of the works there was to be an uplift in housing numbers and sale of open market dwellings. Whilst it is a shame that there will be a loss of 7 public sector houses which weighs against the proposal particularly at a time where there is a need for such housing on the Island, it is evident that this is a fairly exceptional circumstance in that the end result will see the replacement and upgrading of 94 public sectors houses to far more modern standard and incorporating new technologies such as ASHP's and PV panels which will help towards reducing the future running costs for occupants and these are all positives that weight in favour of the application and which are considered to outweigh the loss of the 7 public sector houses in this specific case.
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vii. Affordable Housing calculation
6.13 The current AHU number has been calculated from the uplift in dwellings beyond 94 and using the 25% requirement set out in Housing Policy 5. The 39 house uplift equates to the need for 9.75 AHU and the proposal in this case has rounded this figure up proposing 10 AHU. This figure meets with requirements of HP5 and this would need to form part of the new S13 agreement to ensure their delivery and in this respect the proposal is considered acceptable.
6.14 It is noted that the applicants have sought all the AHU to be constructed in the final phase of the development along with the open market housing. Whilst normally for new residential estates it would be sought to have the AHU dispersed amongst the wider site and provided across multi stages of the development to ensure it is all provided, this scheme is unlike a new development and is exceptional in that it is a redevelopment of existing public sector housing where there is obligation by the local authority (the applicant) to ensure suitable housing for all existing tenants throughout the course of the works. On this basis it is not considered unacceptable or unreasonable to have the AHU provided in the final phase and the S13 wording will help to ensure its final delivery.
CONCLUSION 7.1 The majority of the works now included within this application duplicate those details approved as part of the 19/00961/B application which was concluded by the previous planning officer to result in a beneficial impact on the environment through the provision of more public open space than previously, better and safer car parking provision, more thermally efficient housing and a consistent material palette. The proposal was considered to be in accordance with the relevant policies and was supported subject to a legal agreement for affordable housing and public open space.
7.2 The changes now come in two key parts; physical development works, and affordable housing numbers. Those physical works relating to re-positioning of 16 dwellings to accommodate the relocation of 2 accessible bungalows, including the re-alignment of two other dwellings and associated access and car parking adjustments to accommodate new EV charging points are all considered to have an acceptable visual, amenity and highway safety impact and not to create any increased or unacceptable harm beyond the works already accepted under 19/00961/B and suitably worded conditions will be added to ensure works are carried out in accordance with the submitted details. Those matters relating to the change of AHU to 10 is considered acceptable in this case and to accord with the 25% figure set in Housing Policy 5, and on an exceptional basis and looking at the bigger picture in the overall replacement and upgrading of 94 public sector houses and the redevelopment of their immediate surroundings including upgraded internal road networks and increased public space provision that these are all benefits that weight in favour of the scheme and which are considered in this exceptional circumstance to outweigh the loss of 7 public sector houses in this specific case.
7.3 An updated new S13 agreement is required to address the changes to and secure the 10 affordable units and a condition relating to the Public Open Space.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material;
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(f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status __
This Officer recommendation to approve this application subject to the applicant entering into a legal agreement was originally considered at a meeting of the Planning Committee 13.01.2025 where the members determined to approve the application subject to a legal agreement securing provision of Affordable Housing
At that meeting the Members wished it minuted that once such agreement was in place the decision to approve the application could be made under the authority delegated to an appropriate officer of the Directorate.
In accordance with that instruction, this application has been ultimately determined in that manner.
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : ...Permitted... Committee Meeting Date:...12.02.2024
Signed :...L KINRADE... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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23/00823/B Page 13 of 13
PLANNING COMMITTEE DECISION 12.02.2024
Application No. :
23/00823/B Applicant : Castletown Commissioners Proposal : Erection of 133 dwellings with associated drainage and access (Amendments to 19/00961/B) Site Address : School Hill/Westhill Estate Castletown Isle Of Man
Planning Officer : Lucy Kinrade Presenting Officer As above
Addendum to the Officer’s Report
The Planning Officer verbally updated Planning Committee Members with the comments received from DOI Public Estates and Housing Division dated 6th February 2024. Despite the comments raised by DOI Public Estates and Housing Division the Planning Officer confirmed that their overall planning recommendation was to remain unchanged, whilst there was to be a net loss of 7 public sector houses, the proposal was for the replacement with of 94 public sector houses with new, and a S13 agreement would ensure that 10 Affordable Housing Units would be secured based on 25% of the 39 house up lift to 133 houses in total, and this arrangement being an exceptional circumstance minded the applicants being Castletown Commissioners who are the local authority, and the wider upgrading of the public sector houses as well as the estate as a whole and this outweighing the loss of the 7 public sector houses in this specific case. The Planning Officer concluded that the recommended IPS was to be updated to include DOI Public Estates and Housing Division so that they did get IPS.
Notice - Issuing Officer file note - Boiler file ban note as recommended was removed as it was no longer relevant at the time the decision notice was issued.
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