28 October 2003 · Minister for Local Government and the Environment following appeal inquiry
Land At The Junction Of Farrants Way And Scarlett Road Farrants Way Castletown Isle Of Man
Heritage Homes Ltd proposed a block of five attached residential buildings containing 54 apartments (22 one-bed, 12 one-and-a-half-bed, 20 two-bed units) arranged in blocks of 1-3 storeys with Manx stone walls, dark grey reconstituted slate roofs, and uPVC windows.
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The Minister concurred with the appointed person's report that the proposal accorded with Castletown Local Plan zoning for residential allied to car parking (Policy 5.8), addressed previous refusal re…
Policy 5.8 of Planning Circular 6/91
Requires residential allied to car parking (limited commercial viable). Officer/Inspector confirmed proposal complies via 54 apartments + 64 public/54 resident spaces. Tension resolved by prior Inspector acceptance of mix/principle.
Policy 5.4 A policy of refurbishment and amalgamation of existing properties in the Conservation Area will apply
High design standard line with Conservation Area policy for town housing. Inspector found reduced scale complements Town Hall, transitions urban-suburban, enhances CA setting without policy breach.
Policy 7.10 of the Castletown Local Plan
1.5 spaces/dwelling standard, relaxed in town centres per case. 1/unit accepted given public spaces/visitor use/town centre location/DOT agreement; no universal application.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved drawings
This approval relates to drawings submitted and date stamped 5th June 2003 and 1st July 2003.
Estate road pre-occupation
No dwelling on the site shall be occupied until the estate road has been constructed to at least base course level and adequately lit from the junction with the adopted highway up to the access to the dwelling to the satisfaction of the Planning Authority after consultation with the Highway Authority.
Parking pre-occupation
No dwelling on the site shall be occupied before the parking arrangements have been completed to the satisfaction of the Planning Authority after consultation with the Highway Authority.
Landscaping scheme
No development may commence until there has been approved by the Planning Authority a scheme of landscaping which includes indications of all existing trees and hedges within the site and details of any to be retained together with measures for their protection during the course of construction.
Landscaping implementation/maintenance
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.
Surface water drainage
There must be no discharge of surface water to the main foul sewer.
Foul sewer connection
The proposed development must be connected to the main foul sewer.
Roof materials
The roofs must be clad in dark grey reconstituted slate, a sample of which must be submitted to and approved by the Planning Committee prior to any use thereof.
Site compound
Prior to the commencement of the development, details of the siting of the compound to be used in association with the development of the site, must be submitted for consideration and approval by the planning authority.
Public car park adoption/management
Prior to the commencement of the development, a scheme to indicate the adoption and management of the public car park must be submitted for consideration and approval by the Planning Authority.
Private parking pre-occupation
The private car parking area must be formally laid out and available for use prior to the occupation of the apartments.
Public parking pre-occupation
The public car parking area must be formally laid out and available for use prior to the occupation of the penultimate apartment.
No adverse traffic impacts subject to estate road/parking conditions
Recommend approval subject to fire safety consultation
No objection subject to accessibility requirements
The original application (03/00520/B) for erection of 54 apartments and public/residents car parking with landscaping was granted by the Planning Committee subject to conditions, including condition 9 requiring dark natural slate roofs. Castletown Commissioners appealed the grant, arguing overdevelopment, inadequate public parking (needing 90-100 spaces vs 64 proposed), insufficient resident parking (1 vs 1.5 spaces per unit), poor design failing Local Plan Policy 5.4, and small flat sizes. Heritage Homes appealed condition 9, proposing reconstituted slate. At the public inquiry on 1 April 2004, the appointed person (R S Hawthorne) found the scheme acceptable in scale/massing (addressing prior refusal of 80 units), reasonable parking balance given town centre location, positive contribution to Conservation Area transition, and no harm to amenities; condition 9 unnecessary lacking policy basis or precedent. The Minister dismissed the Commissioners' appeal, upheld Heritage Homes' appeal, confirmed permission with amended condition 9 (dark grey reconstituted slate) and corrected condition 13, dated 20 May 2004.
Precedent Value
Demonstrates value of iterative design changes post-refusal to address specific inspector concerns; town centre sites can secure reduced parking standards without precedent if unique; conditions near CA must pass strict necessity test, not mere preference.
Inspector: R S Hawthorne
