13 August 2015 · Minister for Environment, Food and Agriculture (Hon R A Ronan MHK) on appeal, upholding Planning Committee decision
Chapel Gate Car Park, Bay View Road, Port St Mary, Isle Of Man, IM9 5ah
The proposal seeks approval in principle for residential development on a sloping site between Cronk Road and Bay View Road, currently partly used as a rough car park for about 25 vehicles, accessed via a narrow 2.8m lane off Bay View Road.
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The officer assessed the principle of residential development against General Policy 2 (GP2) criteria, finding it compatible with Mixed Use zoning as it respects siting, scale, layout, and landscaping…
General Policy 2
GP2 permits development in line with Area Plan zoning (Mixed Use) if it respects siting/layout/scale/design/landscaping (b), avoids adverse character/townscape impact (c), protects public sea views (e - no current view across site), incorporates topography/trees (f), safeguards amenities (g), provides access/parking (h), avoids highway danger (implied), and promotes energy efficiency (n). Officer tested illustrative schemes' positioning amid trees, stepping profile matching cascading development, tree retention/open space, and 20m separations passing light tests; no sea view loss as screened.
Strategic Policy 1
SP1 requires optimising previously developed/under-used land (a), efficient site use with access/landscaping/amenity (b), and utilising infrastructure/services (c). Site as under-used potholed car park in sustainable village location (shops, transport) met this by proposing housing with public path/open space.
Time limit for commencement
The development hereby approved shall be begun either before the expiration of four years from the date of this approval, or before the expiration of two years from the date of approval of the last of the reserved matters.
Reserved matters - design, appearance, layout
Approval of the details of design, external appearance and internal layout (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.
Reserved matters application time limit
Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall be carried out only in accordance with the details as approved.
Arboricultural Method Statement
The application for reserved matters shall include an Arboricultural Method Statement by a qualified arboriculturalist to demonstrate how the development may be practicably undertaken without adversely affecting the health of trees during and after the construction period.
Lighting scheme for path and access
The application for reserved matters shall include details of a lighting scheme to ensure that the proposed path and the existing access lane are suitably lit.
Car parking provision prior to occupation
Prior to the occupation of any dwelling, the car parking and manoeuvring space associated with that dwelling shall be provided and remain free from obstruction thereafter.
Finely balanced; no objection subject to conditions on parking, lighting, transport statement, and disabled access path
No objection pending detailed arboricultural method statement (AMS) at reserved matters stage
Manx Utilities Authority (MEA) expresses interest in the application and requests a planning condition requiring the applicant to contact them regarding electricity supply and underground cables/overhead lines in the area.
Key concern: underground cables/overhead lines present in the area
Manx Utilities Authority
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.; There are underground cables/overhead lines present in the area indicated in you planning application.; Contact the Manx Utilities, Planning Department (Tel. 687781), to discuss the electricity supply for this application.; All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6.
Conditions requested: 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; Contact our Network Operations Department, Manx Utilities (Tel. 687687) to discuss working practices around cables and overhead lines which may be required to be diverted before any work can be carried out on site; Contact the Manx Utilities for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site
Precedent Value
This appeal shows third parties can challenge approvals where public benefits (e.g. assumed affordable housing) do not materialise; highway authority preference for traffic reduction over parking retention can outweigh local objections in villages; future applicants should secure s13 agreements early if relying on housing need justification.
