21 January 2009 · Acting Senior Planning Officer (delegated under Article 3(13) of the Town and Country (Development Procedure) Order 2005)
Land At Westham, Arbory Road, Castletown, Isle Of Man, IM9 1nd
The proposal sought approval in principle to erect two dwellings and garages on a tree-covered site within the garden of Westham Cottages, zoned as woodland under the 1991 Castletown Local Plan despite being part of a residential garden.
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The officer determined the site is within a Woodland designation on both the 1991 Castletown Local Plan and 2001 draft Area Plan, creating a presumption against residential development.
Environment Policy 3
Prohibits development resulting in unacceptable loss or damage to woodland areas, especially those with public amenity or conservation value. Officer found proposal would cause direct felling, construction damage, and long-term tree loss in this amenity woodland supporting potential bats/rooks, failing the policy test despite applicant's tree survey and felling licence attempt.
Environment Policy 42
Requires new development in settlements to respect locality character/identity and prohibits loss of open/green spaces contributing to visual amenity/sense of place, with such spaces identified in Area Plans. Site trees form key landscape feature in built-up area; development would erode this character, conflicting despite infill claims.
In favour: site historically part of Westham Cottages garden, infill in residential area; precedents at Westham Lea and Westham House; services available, safe access; tree works would enhance area and lighting; design to blend required.
Do not oppose subject to two off-street parking spaces per unit and turning facility.
No objection subject to connection to public sewer, no surface water to foul sewer.
Drainage Division and Highways Division raised no objections subject to specific drainage and parking conditions, while DAFF requested a bat survey and noted tree concerns, and Forestry Division refused a related tree felling licence; local authority initially deferred then suppo…
Key concern: tree felling licence refused and bat survey required due to protected woodland and wildlife
Drainage Division, Department of Transport
Conditional No ObjectionNo Objection subject to the following conditions; A Communication Fee will be payable to the Department of Transport in respect of this drainage connection.
Conditions requested: The proposed development must be connected to the public sewer(s). Full details of the foul and surface water disposal routes from this dwelling must be submitted as part of any subsequent detailed planning application.; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Department of Transport Drainage Division and the Sewerage Act 1999.; The Applicant must contact the Drainage Division before submitting any Detailed/Reserve Matter applicants and agree the drainage levels and connection points due to a rising main in the roadway crossing the front of this site.
Highways Division, Department of Transport
Conditional No ObjectionDo not oppose subject to the imposition of the following condition
Conditions requested: Two off street parking spaces required per unit.; The access drive arrangements shall comprise a turning facility to permit a motor car to turn around within the site so that a vehicle can emerge from the site in a forward gear
DAFF Biological Database Manager
Bats and their roosts are protected under the Wildlife Act 1990.; we question whether two houses could be fitted into this space without affecting the trees
Conditions requested: results of a bat survey on this woodland area before a decision is made on whether an agreement in principle is given. This survey should be undertaken between May and August
DAFF Senior Forester
ObjectionI feel unable to issue a felling licence.
Castletown Town Commissioners
SupportThe Commissioners were in favour of the proposed development; considered infill in an area of predominantly residential development
Conditions requested: Any properties must be suitably designed to blend in with the surroundings.
