Plan Statement (Part 1 of 3)

Planning Statement

Development of 13 Dwellings, Reayrt ny Glionney, Lonan

Dandara Homes Limited

Isle of Man Business Park, Cooil Road, Braddan, Isle of Man, IM2 2SA

Executive Summary

1. This application seeks detailed planning consent to develop a site at Reayrt ny Glionney, Lonan with 13 dwellings. The whole of the site is within an area which is designated for residential use in the Laxey and Lonan Area Plan, and which has been developed as All Saints Park and Reayrt ny Glionney. An extant planning approval exists on the application site for 8 dwellings which are yet to be constructed, and this application proposes to develop the same site with 13 dwellings (an increase of 5 from the previous approval).
2. The scheme has been designed so as to have regard to relevant planning policy and the planning history of the site, and has formed the basis of consultation with a number of relevant parties including the Planning Authority, the Highway Authority, the Drainage Authority, local residents, Garff Parish District Commissioners and the MHKs for the area.

The Site

1. The residential development known as Reayrt ny Glionney is located within the Parish of Lonan, close to the southern boundary of Laxey village. It forms part of a wider residential area along with All Saints Park immediately to the south west and Croit e Quill Road to the east, and there is open countryside beyond the north western development boundary. The wider area is characterised by a mix of dwelling styles and residential densities; Reayrt ny Glionney is largely made up of recently constructed detached dwellings, whilst those in All Saints Park are generally (but not entirely) semi-detached or terraced and the dwellings along Croit e Quill Road are a variety of ages, types and sizes.
2. The site which forms the subject of this application has an area of approximately 1.3 ha ( 3.2 acres) and is located on the northern and eastern sides of Reayrt ny Glionney, between the recent development and the older dwellings of Croit e Quill Road. The land slopes predominantly from west to east and from south to north, and is generally covered with scrub vegetation. All Saints Park and Reayrt ny Glionney are accessed by way of a cul-de-sac highway which leads from Church Road and which runs along the western boundary of the application site.

Planning History

1. All Saints Park was developed following the approval of a scheme of 43 dwellings (PA 00/01342/B), whilst the land which has now been developed as Reayrt ny Glionney was initially the subject of a proposal for 49 dwellings (PA 06/01068/B) which was refused at appeal . Planning consent was subsequently approved on the same site under PA 07/02153/B for a development of 29 dwellings, and 26 of those units have now been completed*.
2. Planning approval has more recently been granted under PA 15/00752/B for a scheme of 8 dwellings on the application site . This approval remains extant but is yet to be implemented.

Planning Policy Context

1. The planning policy context for the application is set out in the Isle of Man Strategic Plan and in the extant Laxey and Lonan Area Plan. An Area Plan for the East, which includes Laxey and Lonan, is currently being prepared by the Planning Policy Section of the Cabinet Office but a draft plan is yet to be published.
2. The Isle of Man Strategic Plan; the loMSP was first adopted by the Department in June 2007 and approved by Tynwald the following month, and is intended to provide "the strategic and general policy framework within which provision will be made for development and conservation needs for the period 2001-2016". Together with Area Plans the loMSP forms a Development Plan as required by the 1999 Town and Country Planning Act. It is explained in the loMSP that existing Local Plans will remain in effect until they are replaced by new Area Plans, and that the 1982 Development Plan, as amended by the various Local Plans, will have effect as an Area Plan. It is also made clear in the Plan that "in the case of any inconsistency between the provisions of the Strategic Plan and the provisions of an Area Plan, whichever came into force later will prevail". The Isle of Man Strategic Plan 2016, which contains updated population statistics and housing policies for the period 2011 to 2026, was approved by Tynwald in March 2016.

[^0] [^0]: The decision notice and Inspector's report for PA 06/01068/B are attached at Appendix 1

• Dwelling types were subsequently amended under PA 10/00354/B, PA 11/00343/B and PA 12/01595/B

The decision notice and Inspector's report for PA 15/00752/B are attached at Appendix 2

1. Amongst other things the Strategic Objectives of the Plan (pages 11-12) seek to promote efficiency and economy in the protection, use, and re-use of resources, and they indicate that most new development should be guided towards existing settlements in order to make "the optimum use of existing and planned infrastructure and services". They also seek to protect, maintain and enhance the built and rural environment, to encourage high quality development throughout the Island, and to promote urban regeneration and the re-use of derelict and redundant sites. The Plan also includes Strategic Objectives which state that the housing needs of the community should be met by the provision of sufficient housing of an acceptable standard and of an appropriate nature and in appropriate locations, and that high standards of residential amenity in new development and a physically safe environment will be promoted.
2. The Strategic Policies which flow from these objectives (pages 14-19) emphasize the need to make the best use of resources by "optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials", by "ensuring efficient use of sites, taking into account the needs for access, landscaping, open space, and amenity standards" and "being located so as to utilise existing and planned infrastructure, facilities and services". New development will be located primarily within existing settlements or within sustainable urban extensions (as opposed to the countryside), and should be designed so as not to detract from the character of towns and villages. New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island and in appropriate cases the Department will require planning applications to be supported by a design statement. New development should be located and designed so as to promote a more integrated transport network, with the aim of minimising journeys, making best use of public transport, not adversely affecting highway safety and encouraging pedestrian movement. The Plan makes it clear that "the provision of an adequate supply of housing to meet the needs of the wider community is essential", and that the housing needs of the Island will be met by making provision for the development of 5,100 additional dwellings over the Plan period.
3. The loMSP includes an Island Spatial Strategy (ISS, pages 20-29) which is intended to guide the physical development of the Island up to 2016. The Island is divided into North, South, East and West regions and the ISS seeks to "promote a balanced and equitable pattern of sustainable development across the Island". It is estimated that

in order to meet the housing needs of the Island over the plan period provision will have to be made for the development of 5,100 additional dwellings, and the Plan indicates that the Island's eastern region - which is comprised of Douglas, Onchan, Braddan, Marown, Santon, Laxey and Lonan - will accommodate 2,440 of those dwellings. The most recent Residential Land Availability report (Update 8, published August 2016) indicates that when assessed against the housing figures and plan period (2001-2016) of the 2007 Strategic Plan the approval figure for the east was exceeded by 142. The report goes on to indicate that the number of units required to meet housing need in the east for the revised plan period (2011-2026) currently stands at 1857. The application site is within Lonan but adjoins Laxey; Spatial Policy 3 (page 26) identifies Laxey as a Service Village, for which Area Plans will define development boundaries so as to maintain and where appropriate increase employment opportunities, and to provide housing to meet local needs and in appropriate cases broaden the choice of housing location.

1. Chapter 6 of the Plan is entitled General Development Considerations, and it is made clear in the introduction that the Development Plan "will make positive land-use allocations and provision through its policies such as to meet the Island's foreseen development needs for the period 2001-2016". The Plan will therefore provide the basis upon which development control decisions are made during this period, with General Policy 1 (page 32) confirming that the determination of such shall have regard to the provisions of the Development Plan and all other material considerations.
2. General Policy 2 of the Plan (pages 32-33) identifies broad standards of development to be taken into account if proposals are to be permitted, which include criteria in respect of building siting, layout, form and appearance, impact upon landscape or townscape, amenity standards for residents, highway safety and traffic flows, and parking space provision. Transport Policy 7 (page 101) requires parking provision in all new development to meet the Department's standards, which is shown at Appendix 7 of the loMSP (page 139) to be 2 spaces per unit for typical and terraced residential development. General Policy 3 (page 33) indicates that development will not be permitted outside of areas which are zoned for development unless it accords with one of the listed exceptions.
3. Environment Policy 1 (page 38) states that the countryside, which does not include land which is designated for future development on an Area Plan, will be protected for its own sake. Environment Policy 42 (page 58) requires new development in

existing settlements to take account of the particular character and identity of buildings and landscape in the immediate locality.

1. Housing Policy 1 (page 67) states that provision will be made for up to 5,100 additional dwellings over the period of the Plan, which will be subject to a "Plan, Monitor and Manage" approach by the Department. Housing Policy 2 (page 67) states that the Department will seek to ensure an adequate supply of housing land, and goes on to suggest that designated land which is not made available for development could be placed in a land-bank and alternative land allocated for development in its place. Housing Policy 3 (page 69) confirms the distribution of dwellings suggested by the ISS, and Housing Policy 4 (page 69) states that housing should primarily be located within existing settlements or within sustainable urban extensions. Housing Policy 5 (page 70) indicates that the Department, when granting planning permission on land which is zoned for residential development or in predominantly residential areas, will normally require that of new dwellings on sites of 8 or more units will be affordable. The supporting text outlines the factors to which the Department will have regard when assessing the appropriate percentage in each instance.
2. Recreation Policy 3 (page 91) states that, where appropriate, new development should incorporate landscaped amenity areas into the design and that new residential schemes of ten or more dwellings must make provision for recreation and amenity space in accordance with the standards specified at Appendix 6 of the Plan. The Plan makes it clear that the general standards of space provision set down for new residential development will be applied having regard to criteria such as the size, type and particular needs of the resident population, the needs of visitors to the area and the proximity and availability of existing Open Space, including the foreshore, public glens and parks. Recreation Policy 4 (page 91) states that open space should be provided on site or conveniently close to the associated development.
3. Appendix 6 of the Plan (pages 132-136) provides guidance in respect of open space requirements for new residential development, and confirms that the exact open space requirement will depend upon the individual circumstances and nature of each planning application. It goes on to differentiate between "open space" and "outdoor playing space", confirming that the latter may include sports and recreation facilities that are designed to serve the needs of either the general public or the members of a private organisation. It may also include formal or informal areas which are designed for children's play, but excludes areas such as woodlands and golf courses. The Plan

sets the overall open space standard at 32 sq.m for each new resident, which is broken down further into 18 sq.m of formal space such as sports pitches, 6 sq.m of children's play space and 8 sq.m of amenity space. It also sets the assumed occupancy levels for new dwellings, and explains that where possible open space should be provided in the first instance on-site or off-site where this would improve the quality of the development and the open space provided. Where these options are not practical then commuted sums will be considered.

1. Transport Policies 1 and 2 (pages ) require new development to be located, where possible, close to existing public transport facilities and routes, including pedestrian, cycle and rail routes, and where appropriate to make provision for new routes including links into existing systems. Transport Policy 3 (page 100) states that development on or around existing and former rail routes should not compromise their attraction as a leisure facility or potential as public transport routes. Transport Policy 4 of the Plan (page 100) seeks to ensure that new and existing highways are capable of safely accommodating the vehicle and pedestrian journeys created by development, Transport Policy 7 refers to parking standards (see above) whilst Transport Policy 8 (page 102) requires all applications for major development to be accompanied by a Transport Assessment. The Plan recognises that development will be required in areas not yet connected to IRIS, and that interim drainage measures such as individual treatment works may be appropriate. Infrastructure Policy 1 (page 105) states that development shall only take place in areas that will ultimately be connected to IRIS, whilst Infrastructure Policy 2 (page 105) states that interim drainage arrangements for development in areas awaiting connection to IRIS shall be submitted to and approved by the Department. Energy Policy 5 (page 113) requires proposals for more than 5 dwellings to be accompanied by an Energy Impact Assessment .
2. The Laxey and Lonan Area Plan; the Laxey and Lonan Area Plan Order 2005 was approved by Tynwald on 20th October 2005 and came into operation on 1st November of the same year. The application site is within an area which is referred to as "Development Area 17" in the Plan and which is shown on Map No. 2 to be allocated for Proposed Predominantly Residential use. The site is not within an Area of High Landscape Value and Scenic Significance or within an Area of Ecological Interest, and does not contain any Ancient Monuments or Sites of Archaeological Interest.

[^0] [^0]: An Energy Impact Assessment/Statement is attached at Appendix 3

1. Public Open Space Policy L/TRT/PR/7 (page 19) states that the Department will generally require the provision of playing facilities/open space within new residential development, and that they must be sensitively and usefully located. The Policy goes on to state that the provision may not always be required "where developments are of such a scale where such provision would either be unwarranted or impracticable."
2. The Residential chapter of the Plan provides a summary of the planning history of Development Area 17 (page 35), and confirms that "the roads and sewers serving the site are capable of accepting the development of all of the land between Church Road and the properties known as Sunhill Cottages and Langdale". It goes on to state that development of the area would be "a logical extension to an already builtup area and where development would generally appear as part of the housing and development which is already in place", and that "the majority of properties in Croit e Quill have been built to take advantage of the views towards the sea rather than the views to the rear which would be over land which is generally higher than the existing properties". A summary is also provided (page 36) of a number of design issues which the Department will have regard to when assessing any development proposal, which includes the amenity of adjacent property, dwelling design, open space provision, density of development and means of access.
3. It is also estimated in the Residential chapter of the Plan (page 39) that the development of Area 17 is "likely to yield" around 70 dwellings, and it is recognised that parking standards for new residential development will be introduced on an Island-wide basis by the loMSP (policies L/RES/PR/15 and L/CP/PR/2 refer to parking standards for new residential development but they have indeed been superseded by the policies of the loMSP). Area 17 is the subject of a Development Brief (Policy L/RES/PR/12, page 43) which provides guidance in respect of dwelling design, density of development, landscaping and layout, drainage, provision of open space, the protection of amenity for neighbouring residents and vehicular access arrangements .
4. Amongst the Drainage Policies of the Plan (pages 69 \& 70) it is stated that no development will be permitted where the sewage produced as a result of the development cannot be dealt with in a manner which satisfies the Department of Transport and the Department of Local Government and the Environment. It is also stated that foul and surface water systems must be kept separate, that the

[^0] [^0]: The Development Brief for Area 17 is attached at Appendix 4

Department of Transport should be consulted prior to the submission of an application, and that all sewerage will have to comply with the requirements and standards of the Department of Transport*.

The Proposed Development

1. The application site is within Area 17 of the Laxey and Lonan Area Plan and as such is designated for Proposed Predominantly Residential use. Area 17 has to date been developed with 47 dwellings at All Saints Park (2 of which face onto Church Road) and 22 dwellings at Reayrt ny Glionney. A further three large detached dwellings have been approved at Reayrt ny Glionney, but they were designed by the previous owner of the site in 2007 and in the view of Dandara Homes Limited they are not of a size or design that will help to meet housing demand in this location at this time, and are therefore yet to be constructed. For this reason a scheme of 8 no. detached dwellings was subsequently proposed and approved on an enlarged site (PA 15/00752/B), and although these dwellings have been marketed they have failed to attract sufficient interest to warrant commencing the scheme.
2. The lack of demand for the 8 dwellings approved under PA 15/00752/B is attributed, at least in part, to their size (and therefore their market value) in the context of an existing residential area. This application therefore proposes to develop the site with smaller dwelling types which better reflect the current housing market and the location of the site*, and which are in keeping with the character of the area. All of the proposed dwellings will be 4 -bed detached properties, resulting in a scheme of 13 additional dwellings ( 5 more than is already approved under PA 15/00752/B).
3. It is estimated in the Laxey and Lonan Area Plan that Area 17 "is likely to yield" around 70 dwellings. This estimate does not form part of a Policy or Development Brief, and there is no indication that the figure is based upon consideration of potential layouts or dwelling types. The general nature of the wording clearly suggests that it is not intended to be a precise limit on the number of dwellings to be provided in the area. It is likely that the estimate figure is intended to provide very general guidance in respect of the density of development expected for the site and,

[^0] [^0]: * The Drainage Authority for the area is now Manx Utilities

• The dwelling types approved under PA 07/02153/B have floor areas of 418 and 430 sq.m, the dwelling types approved under PA 15/00752/B have floor areas of 242 and 276 sq.m, and the dwelling types now proposed have floor areas of 176,175 and 150 sq.m.

notwithstanding the fact that the impact of density upon amenity must be considered in conjunction with other factors such as development layout and dwelling size, the dwellings now proposed - which will result in a total of 82 units in Area 17 - will not result in a density that has an adverse impact upon the living environment for new and existing residents or upon the wider area in general. The issue of density forms part of the Development Brief and is considered further below. The Inspector for PA 06/01068/B considered a scheme of 49 dwellings for what is now the Reayrt ny Glionney site and concluded that an over provision of 22 dwellings would result in a density that is too high, thus being contrary to the recently adopted Area Plan. The Area Plan is now more than 10 years old and in terms of overall numbers, density and dwelling/plot sizes the Reayrt ny Glionney development (including the 13 dwellings now proposed) bears little or no comparison to the scheme proposed under PA 06/01068/B. The Inspector for PA 15/00752/B made no issue of overall dwelling numbers ( 77 in that instance) or density of development.

1. The scheme has been designed so as to take the Area Plan Development Brief into account, with particular care being taken over the relationship between the proposed dwellings and existing neighbouring properties. The Development Brief recognises that existing dwellings will be lower than those being proposed and indicates that at least 20 metres must be maintained between front/rear elevations, with the minimum distance in this instance being 30 metres between the proposed new dwelling on plot 32 and the conservatory of "Tara". The site boundary at this point is marked by substantial screen hedging, which can be supplemented with further planting within the application site if required. The distances between the other proposed dwellings and the nearest existing properties on Croit e Quill Road are generally around 35 metres, and as with plot 32 boundary planting can be provided or enhanced where required. These relationships are illustrated on the submitted site plan and section drawings.
2. The dwellings as now proposed will be further from the existing dwellings on Croit e Quill Road than the dwellings approved under PA 15/00752/B. In that instance the Inspector concluded that any perception of dominance and loss of privacy would be "acceptably mitigated by the intervening distance" and "additional landscape planting", and that "from inspection and consideration of the submitted plans, the development would not appear so obtrusive from the dwellings below, or indeed from more distant viewpoints, to warrant planning objection on grounds of visual or residential amenity. That is especially so, given that the area is predominantly

residential and permission already exists to develop much of the appeal site with larger houses than now proposed. The same applies in that part of the Reayrt ny Glionney estate which is already complete, where any loss of view or property value are not strictly planning matters".

1. The dwellings proposed for the northern part of the application site are also further from adjacent dwellings (Langdale and Sunhill Cottages) than the dwellings approved under PA 15/00752/B. It should be noted that approximately of material will be removed from the site in order to set the dwellings below current ground levels; approximately of that will be re-used on site to form gardens, with the remainder to be taken by contractors to approved locations.
2. The Willow type dwellings on plots 32 to 39, i.e. those on the eastern side of the site, will be two storey but when viewed from the west the ground floor will be below the level of the adjacent highway and in that respect they will differ little from the splitlevel dwellings previously approved on the site. The Willow type has been designed specifically for this site and as such it adds to the variety and interest of dwelling types within the development. Although the density of existing housing in the vicinity of the site is mixed, the generous plot size of the proposed dwellings and the location of the Public Open Space helps to ensure that the density within Reayrt ny Glionney overall decreases towards the northern end of the development.
3. The previously approved scheme for Reayrt ny Glionney does not include formal open space (i.e. sports pitches) and that approach has been maintained for this proposal, with the children's/amenity space to be increased in size from that approved under PA 15/00752/B in order to take account of the 5 additional dwellings now proposed. The approval of PA 15/00752/B is subject to a Section 13 agreement which secures an affordable housing contribution in the form of a commuted sum (in part because the characteristics of this site make it unsuitable for the provision of affordable dwellings on site); it is proposed to maintain this approach, albeit with an increased contribution to reflect the higher number of proposed dwellings, and this has formed the subject of discussions with the Housing section of Dol.
4. The proposed development will be connected to the public foul and surface water sewers in the same manner as the existing dwellings at Reayrt ny Glionney, with connections to be made to existing drains in Croit e Quill Road via the approved footpath link. A Highways Statement in respect of the proposal has been prepared by Bryan G Hall Consulting Civil and Transportation Planning Engineers, who conclude

that "the layout of the proposed development conforms with the recommendations of Manual for Manx Roads and therefore there is no reason relating to highways or safety matters why planning approval should not be granted as it will not be detrimental to the safety or convenience of other road users." The Inspector for PA 15/00752/B found no reason to object to the proposal on highway or drainage grounds, and concluded similarly when questions were raised regarding wildlife and ground stability.

Summary \& Conclusion

1. The application site is within an area which is designated for Proposed Predominantly Residential use in the Laxey and Lonan Area Plan, between the recently developed dwellings of Reayrt ny Glionney and the older dwellings of Croit e Quill Road. Planning approval exists to develop the site with 8 detached dwellings and public open space, but marketing has shown that dwellings of that size and type do not meet current housing demand in this location. This application therefore seeks detailed planning consent to develop the site with 13 smaller detached dwellings and public open space, an increase of 5 units from the previously approved total for the area. The density of the proposed development, and of Reayrt ny Glionney overall, will be in accordance with the intentions of the Area Plan.
2. The proposed dwellings have been positioned and designed so as to take account of the Development Brief for the site, including the need to consider distances between new and existing property in order to protect residential amenity. The Inspector for PA 15/00752/B concluded that "In terms of the relevant General Policy 2 of the Strategic Plan 2016, the proposed development would sufficiently respect the site and its surroundings in layout, scale, form, design, landscaping and the spaces around buildings and would not adversely affect the townscape or the amenity of local residents. Nor would the development be unacceptable in wider views or from Reayrt ny Glionney given the designated residential status of the area. The question of impact on property value, raised by residents, is not a planning consideration". The dwellings as now proposed will be further from existing neighbouring dwellings than those approved under PA 15/00752/B.
3. The drainage arrangements for the proposed dwellings match those of the existing development, and traffic generated by the dwellings will not be detrimental to the safety or convenience of other road users. The proposal has formed the basis of consultation with a number of relevant parties, including the Planning Authority, the

Highway Authority, the Drainage Authority, local residents, Garff Parish District Commissioners and the MHKs for the area.

1. On the basis of the above we consider that there is no material reason why Planning Approval for the scheme as proposed should be withheld.

Appendix 1

The decision notice and Inspector's report for PA 06/01068/B

Department of Local Government and the Environment

Rheynn Reiltys Ynnydagh as y Chymmyltaght

Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Tel: (01624) 685859 Fax: (01624) 685873 E-mail: [email protected] Chief Executive K. A. Kinrade

Please reply to the Chief Executive

Our ref: YAM/AJC

14th May 2007

Dear Sir/Madam,

ON APPEAL: PA06/1068 - Jackson Homes Limited - Residential development comprising 49 dwellings, Commissioners Office and associated roads and sewers in Fields 612376, 612415 & 612416, adjacent to All Saints Park, off Lonan Church Road, Laxey, Isle of Man.

I refer to the recent appeal hearing in respect of the above planning application.

In accordance with the provisions of the Town and Country Planning (Development Procedure) Order 2005, I am enclosing herewith a copy of the report of the person appointed to hear this appeal.

The Minister has considered the report, concurs with the appointed person's conclusions, and accepts the recommendation that the appeal should be allowed. Accordingly, he has directed that the Planning Committee's decision to grant approval should be reversed, and that the application should be refused for the reasons to which the report refers in paragraphs 42-46, and which are summarised in paragraph 48. Formal notice of this decision is attached hereto.

Yours faithfully

Yael

Deputy Chief Executive.

Circulation List - PA06/1068

1. Jackson Homes Ltd, Third Floor, 19/21 Prospect Hill, Douglas, Isle of Man,
2. Lonan Parish Commissioners, Commissioners' Office, New Road, Laxey, IM4 7BG,
3. IOM Fire and Rescue Service, Fire Service Headquarters, Elm Tree House, Elm Tree Road, Onchan, IM3 4EF,
4. Disability Access Officer, Manx Foundation for the Physically Disabled, Masham Court, Victoria Avenue, Douglas,
5. Drainage Division, Department of Transport, Meary Veg, Balnahowe, Santon, IM4 1HL,
6. Ms R Smith, 18 All Saints Park, Lonan, Isle of Man, IM4 7LB,
7. Mrs K Quick, Blue Horizon, Croit-e-Quill Road, Lonan, Isle of Man, IM4 7JH,
8. Mr A Grenier, Croft House, 3 Croit-e-Quill Road, Lonan, Isle of Man, IM4 7JJ,
9. Mr J Clayton & Mrs B Coatalen, Langdale, Croit-e-Quill Road, Lonan, Isle of Man,
10. Mr & Mrs Cowley, 35 All Saints Park, Lonan, Isle of Man,
11. Mrs A Oldroyd, Tara, Croit-E-Quill Road, Laxey, Isle of Man, IM4 7JH,
12. Mr B Edgerton, Tara, Croit-E-Quill Road, Lonan, Isle of Man, IM4 7JH,
13. F S Duggan, 3 Ballacannell, Lonan, Isle of Man,
14. Ms H Lunt, 1 Wesley Court, Lonan, Church Road, Lonan, Isle of Man,
15. Dr & Mrs J D Corfe, 39 All Saints Park, Off Church Road, Lonan, Isle of Man,
16. S & H Stignant, Stonehenge, Croit-e-Quill Road, Laxey, Isle of Man,
17. Mr D Wilson, Croit-e-Quill House, Croit-e-Quill House, Croit-e-Quill Road, Lonan, Isle of Man,
18. E P Whelan, Marine Mount, Croit-e-Quill Road, Lonan, Isle of Man, IM4 7JH,
19. Mrs J Orton, Croit-e-Callow, Croit-e-Quill Road, Lonan, Isle of Man,
20. Mr J Davidson, Rosemary, Croit-e-Quill Road, Lonan, Isle of Man,
21. Dr & Mrs Jones, 2 Sunhill Cottage, Croit-e-Quill Road, Lonan, Isle of Man,
22. Mrs A Masson, 1 Sunhill Cottage, Croit-e-Quill, Lonan, Isle of Man,
23. Mr & Mrs Quick, 2 Church Close, Church Road, Lonan, Isle of Man,
24. Miss C Lobb, Moaney Quill Farmhouse, Laxey, IM4 7JL,
25. Croit-e-Quill Area Residents Association, 2 Sunhill Cottage, Croit-e-Quill Road, Lonan, IM4 7JJ,
26. Rebecca Bennetts, Tebekwe Mount, Old Laxey Hill, Laxey, IM4 7DA,
27. Department of Transport, Highways Division, Sea Terminal Building, Douglas, IM1 2RF,
28. The Editor, IOM Newspapers, Publishing House, Peel Road, Douglas,
29. Manx Radio Newsroom, Douglas Head,
30. Ms J Green, Apt 5, Greenhill, Stanley Mount West, Ramsey, IM8 1LR,
31. Radio 3FM, 45 Victoria Street, Douglas, IM1 3RS,
32. Energy FM, 100 Market Street, Douglas, IM1 1PH,
33. Secretary, Planning Appeals,
34. Secretary, Planning Committee,
35. Mr T O'Hanlon, Treasury,
36. Chairman and Members, Planning Committee.

The Town And Country Planning Act 1999

The Town And Country Planning (Development Procedure) Order 2005

TO: Jackson Homes Ltd Third Floor 19/21 Prospect Hill Douglas Isle of Man [Copies as per Circulation List]

In pursuance of his powers under the above Acts and Order the MINISTER for Local Government and the Environment, following report by the appointed person, does hereby REFUSE the application by Jackson Homes Limited Residential development comprising 49 dwellings, Commissioners Office and associated roads and sewers in Fields 612376, 612415 \& 612416, adjacent to All Saints Park, off Lonan Church Road, Laxey, Isle of Man, for the following reasons:-

1. The proposed development would not comply with the recently adopted Laxey and Lonan Area Plan in that

(a) the density is too high; and (b) the relationship between Plots 40 and 41 and the nearest existing dwellings "Sunhill Cottages" and "Langdale" is unsatisfactory.

Date of Issue: 14th May 2007.

By Order of the Minister

Murray House, Mount Havelock, Douglas, Isle of Man.

Deputy Chief Executive

Note 1: A copy of the report of the appointed person is appended hereto.

Report of an Inquiry, held on the 15th March 2007, into an appeal by Mr B W Edgerton, Mrs A Oldroyd and Mr J D Corfe against the full planning approval to Jackson Homes Ltd. for residential development comprising 49 dwellings, Commissioners Office and associated roads and sewers in Fields 612376, 612415 \& 612416, adjacent to All Saints Park, off Lonan Church Road, Laxey, Isle of Man.

Present:

For the Appellants: The Hon Stephen C Rodan, SHK; Mr John Clayton \& Ms Bridget Coatalen, "Langdale", Croit-e-Quill Road, Lonan, IM4 7JJ; and Mr Brian W Edgerton \& Mrs Angela Oldroyd, "Tara", Croit-e-Quill Road, Lonan, IM4 7JH.

For the Parish Commissioners: Mr Anthony J B Pass, Chairman, Lonan Parish Commissioners For the Planning Committee: Mr Anthony Holmes, Planning Officer For the Applicant: Mr Paul Kerruish, Advocate for Jackson Homes Ltd.; Mr John Wilson, Jackson Homes Ltd.; Mr Paul Brew, J G Kelly Homes Ltd. for Jackson Homes Ltd.; and Mr Jamie Jackson, Jackson Homes Ltd.;

The relevant facts and material considerations are summarised as follows:

The Appeal Site

1. The site comprises two parcels of land located in close proximity to one another. The main parcel is 2.517 hectares ( 6.220 acres) and is located to the north of the existing residential development of All Saints Park and also to the west of existing residential development on Croit-e-Quill Road. This land slopes down from its southwest corner to its northeast corner. The other parcel of land is about 0.013 hectares ( 0.032 acres) and is located within the residential development of All Saints Park.

The Proposed Development

1. The proposal is for 49 dwellings, a Commissioners' Office and associated infrastructure, including an area of open space.

Planning History

1. The site and surroundings have been the subject of many planning applications over the years. From 1999 approvals have been given for development on fields 2417, 2418 (3700) and specifically in 2001 (PA 00/1342) on land at Ballacannell for 43 dwellings, roads, plots and sewers, which is now built.
2. PA 06/00399/B for 54 dwellings, community hall and associated roads and sewers on fields was withdrawn before any decision was taken.
3. The Laxey and Lonan Area Plan Order 2005 zoned this appeal site on Map 2 as proposed predominantly residential use and it is referred to as Area 17. Paragraphs 4.55, 4.56, 4.57,