11 March 2005 · Governor in Council
Fields 531760 And 531761 Land At Corner Of Ballanard Road And Johnny Watterson Lane, Johnny Watterson Lane, Douglas, Isle Of Man, IM2 6pl
The proposal sought full planning approval for a mixed residential development including first time buyer houses, public sector apartments, market houses and plots on 5.26ha of disused agricultural fields at the edge of Douglas, featuring roads, footpaths, parking, play area and public facility.
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The Governor in Council accepted the appointed person's recommendations following a public inquiry and directed refusal for reasons referred to in paragraph 291 of the report.
Strategic Policy 2 - Priority for new development to identified towns and villages
Requires new development primarily in existing towns/villages or sustainable urban extensions identified in Area Plans; countryside only in exceptional cases. Sites unallocated/open space; not identified extensions; housing need did not override countryside protection.
General Policy 1
Determinations in accordance with Development Plan where material. Douglas Local Plan 1998 zones sites open space; proposals conflicted fundamentally.
General Policy 3
No development outside zoned areas except exceptions including (g) Government-recognised national strategic need. Affordable housing not deemed to meet test despite DLGE promotion.
Environment Policy 1
Protects countryside; no development adversely affecting unless overriding national need outweighs protection. Visual intrusion and loss of open edge failed test.
Housing Policy 4
New housing in towns/villages or sustainable urban extensions in Area Plans. Sites edged Douglas but unallocated; need argued as exceptional but not accepted.
Douglas Local Plan Policy D/RP1
Residential restricted to defined areas. Sites explicitly open space post-inquiry rejection.
Douglas Local Plan Policy D/OSIP6
Edge of Douglas to be respected against countryside intrusion. Sites would breach essential character.
Existing schools can accommodate anticipated school population
No matters affecting development; request standard condition for antiquities
Crucial sites to meet 600 first time buyer homes target; high quality schemes; no viable alternatives; sustainable urban extensions
The Department of Local Government and the Environment (DLGE) applied for full planning permission for two sites on unzoned open land at the northwest edge of Douglas to provide affordable first time buyer and public sector housing to meet government targets, contrary to the Douglas Local Plan 1998 which protects the sites as open space/countryside. DLGE argued urgent housing need justified exceptional release of unzoned land following Tynwald resolution, with sites selected after assessing alternatives and proposals designed to high standards with good sustainability. Objectors (including Kearns, Moore/Nicholson/Henry, Ensign Group, residents) contended development breached development plan policies, confused demand with need, ignored sequential testing/brownfield sites, harmed countryside, increased traffic congestion, and bypassed proper Development Order process. The inspector found strong policy objection to both unzoned sites but accepted Johnny Watterson’s Lane (PA 04/0965/B) as acceptable urban extension almost wholly for affordable housing (136 units) with good access and limited harm; rejected Ballanard Road (PA 04/0966/B) as deeper countryside, car-dependent, only 50% affordable (89 units), rural road impacts. Recommended approval of PA 04/0965/B subject to conditions and s18 agreement equivalent, refusal of PA 04/0966/B.
Precedent Value
Exceptional unzoned countryside release requires proven overriding need beyond demand figures, full sequential testing, and high affordable %; urban extensions more likely succeed than ribbon/rural sites; future policy shift to affordable via conditions on zoned land reduces unzoned precedents.
Inspector: Terrence Kemmann-Lane
