3 March 2004 · Minister for Local Government and the Environment - confirmed Planning Committee decision on appeal
H M Prison /Isle Of Man, Jurby, Isle Of Man, IM7 3jp
The proposal involves building a new Category B prison facility on 16.56 hectares of flat open land at Jurby Airfield to replace the outdated prison in Douglas. It includes secure buildings surrounded by a 5.2m high perimeter wall, gatehouse, visitor centre, car parking for 164 vehicles, modified access from the A10, a…
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The officer assessed the proposal against the 1982 Development Plan designating the site as airfield and high landscape/coastal value, but justified it due to national need for a modern Category B pri…
Community Policy 5
Supports new prison on greenfield if accessible by transport modes, no unacceptable amenity/highway impact, and design in keeping with surroundings. Proposal met b/c on amenity/design but weaker on a/ accessibility, supported by video links and limited sites.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to drawing no. 1841 0.01 fig. 1 date stamped the 17th June 2003 and drawing no.s DG (70)11 rev. 1, EX (9-) 001 rev. E, EX (59) 003, G (70) 060 rev. 7, L (22) 150 rev. 5, L (22) 155 rev. 5, L (22) 160 rev. 5, L (22) 165 rev. 5, L (22) 170 rev. 5, L (22) 200 rev. 6, L (22) 201 rev. 5, L (22) 205 rev. 5, VC (70) 105 rev. 5, VC (70) 106 rev. 2, W.1, W (22) 100 rev. 4, W (22) 101 rev. A, PL167/SP/1 and PL167/SP/2 date stamped the 15th December 2003.
Pre-commencement site meeting
Prior to the commencement of development the applicant/developer shall convene a site meeting with the contractor and relevant officers of the Department, other Government Departments and other relevant consultees to agree how the works are to be undertaken in accordance with the approved plans, conditions and method statement set out within this approval.
Highway junction construction
No other works shall be commenced on site until the road junction with the adopted highways, including where required visibility splays, has been set out and constructed to the satisfaction of the Planning Authority after consultation with the Highway Authority.
Construction method statement
No work shall commence on site until a method statement relating to the construction of the development has been submitted to and agreed by the Planning Authority.
External lighting details
Prior to the commencement of works further details of any external lighting scheme required as part of the development hereby approved must be submitted to and agreed by the Planning Authority. The Planning Authority will need to be satisfied that the lighting scheme proposed is the minimum required for security and working purposes and that it minimises potential pollution from glow and spillage.
Foul sewer connection
The development must be connected to the public foul sewer.
No surface water to foul sewer
There must be no discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s).
Archaeological watching brief
The Manx Museum and National Trust must be informed of the date of the commencement of works and be given access at all reasonable times, and reasonable opportunity to inspect the site, observe all excavations and investigate any archaeological features exposed.
Landscaping implementation
All planting, seeding and turfing comprised in drawing no. 20 rev. B date stamped the 17th June 2003, PL167/SP/1 and PL167/SP/2 date stamped the 15th December 2003 must be carried out no later than the first planting and seeding seasons following the completion of the development. 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 or species.
Materials approval
No development shall take place until samples of the materials and details of the proposed colour finishes to be used in construction of the external surfaces of the development have been submitted to and agreed by the Planning Authority. The Planning Authority will need to be satisfied that the proposed finish and colour of the perimeter wall is appropriately coloured.
No objections subject to conditions
No objections subject to conditions
No objection subject to imposition of notes
Manx National Heritage objects to the prison development due to significant loss of ecologically valuable semi-improved neutral grassland and high archaeological potential, recommending detailed mitigation conditions.
Key concern: Loss of 12% of Isle of Man's rare semi-improved neutral grassland habitat (1.12% Island cover) and corncrake breeding site
Manx National Heritage
Conditional No ObjectionMNH considers that the application falls below standards of best practice and that without such conditions, approval of the application would be irresponsible.; Jurby Airfield constitutes about 12% of the total area of semi-improved neutral grassland habitat in the Isle of Man; Corncrake has been recently recorded as nesting on the Airfield. This is a globally threatened species; the proposed prison development will have significant and regrettable consequences for an area of high historical and ecological value
Conditions requested: Programme of archaeological investigation co-ordinated with grassland restoration, approved by Manx National Heritage under Manx Museum and National Trust Act 1959-86; Detailed scheme for semi-improved neutral grassland restoration including turf/topsoil stripping, storage, re-laying, and long-term maintenance, agreed with DAFF Wildlife Office and MNH; Avoid unnecessary disturbance of military remains; record where necessary; No site clearance during bird nesting season; Structure planting using native Isle of Man species or agreed non-native nurse species; replace car park ornamental planting with restored grassland; Archaeological watching brief during topsoil removal; Continued liaison with Landscape Architect, MNH, DAFF Wildlife Office, and Manx Wildlife Trust on grassland conservation
DAFF Wildlife and Conservation Office
Conditional No ObjectionJurby airfield one of the Island's major assets for nature conservation; Species-rich neutral grassland is widely recognised... as the single most threatened habitat; The corncrake is not only globally endangered but is one of the rarest and fastest declining birds in Britain; mitigation must include details of the translocation of grassland turfs
Conditions requested: Maintain maximum undisturbed grassland within perimeter fence with current regime (annual September cut, cuttings removal); Regenerate grassland from seed bank post-construction where possible; avoid imported topsoil; Avoid material storage on grassland (use runways); Limit landscaping loss to 2m hedge extension; use local rural species; Targeted downward flood lighting to minimise grassland impact; Control man-associated predators (rodents, cats); Translocate turf/topsoil for off-site habitat creation (several times larger area); Consult DAFF on grassland restoration/translocation with experienced consultant; Amend landscaping to remove specific planting areas (F3, A3, B2, F5, A4, B4, A5, F7); extend verges to 15m; No woody species over turfed hedge banks to avoid shading
Highways Division / Network Planning Section
Conditional No ObjectionNo adverse traffic impacts, subject to the imposition of the following conditions
Conditions requested: No other works until road junction/visibility splays constructed to satisfaction of Planning Authority after Highway Authority consultation; No water/contaminants to flow/track onto highways; No work until construction method statement (incl. haul routes) agreed by Planning Authority after Highway Authority consultation; All highway works to DoT standards with approved engineering drawings
Airports Division
No Commentminor infringement of a protected surface has come to light... preferable if this anomaly can be removed by design
The original application for a new Category B prison was approved by the planning committee on 27 February 2004 and again after review on 30 April 2004. Third parties (primarily local residents) appealed, raising concerns over visual impact, ecology, traffic, lighting, and suitability of the site. The appellant's statement of case (Department of Home Affairs) emphasized the urgent need for a new prison due to inadequate existing facilities, rigorous site selection process favoring Jurby Airfield (brownfield site), compliance with functional security requirements, and local support for regeneration. The inspector's analysis acknowledged the site's location in high landscape value countryside and significant ecological concerns (loss of semi-improved neutral grassland important for skylarks), but found the national need overriding, with landscaping benefits outweighing grassland loss on a finely balanced issue. Non-ecological objections (traffic, noise, lighting) were satisfactorily addressed. The appeal was dismissed, upholding permission with enhanced conditions for landscaping, method statements, and grassland translocation review.
Precedent Value
Establishes that national infrastructure needs (e.g. prisons) can override countryside and ecological protections if evidenced as urgent, with appropriate mitigation and local support; future applicants should prioritize functional justification, site searches, and pre-agreed conditions for contentious sites.
Inspector: R E Wilson