10 April 2006 · Minister for Local Government and the Environment (following Planning Committee review and appeal inquiry)
Land North Of Ramsey Power Station And West Of Gardeners Lane Off, Gardeners Lane, Ramsey, Isle Of Man, IM8 2tn
The proposal involves roads, plots, sewers, and layout for 50 residential units (including apartments over shops) plus a neighbourhood centre on a 2.1-hectare former agricultural site falling gently towards the Auldyn River. Key elements include a public house, nursery, two retail units (approx.
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The site is zoned for residential/light industrial/mixed use in the Ramsey Local Plan (1998) and specifically for a neighbourhood centre with medium/high-density housing (15-30 dwellings/ha) in the We…
no adverse traffic impacts subject to conditions (estate roads/parking/lighting/Home Zone)
amendments addressed concerns, objection withdrawn (recommend fenced play area)
acceptable per WRDF
no objection subject to drainage/flood/highway conditions
Multiple consultees provided responses on planning application 03/01846/B, with Highways Division offering conditional no objection, Ramsey Town Commissioners no objection subject to conditions, ecology consultees raising wildlife and river buffer concerns, police objecting on cr…
Key concern: Detailed flood protection design and surface water drainage into Auldyn River lacking evidence of acceptance by drainage authorities
Department of Local Government and the Environment
Conditional No ObjectionWe do not have objections to the development of the sites, we simply want to ensure that they are developed in a manner that address the various complex issues; The detailed design of the flood protection measure will need to be submitted as part of the planning application
Conditions requested: Flood protection measures constructed prior to any dwellings, not occupation; New planting shown on submitted drawings
Isle of Man Constabulary Community Safety Unit
ObjectionI would wish to object to planning permission being granted in respect of this application; Dwellings with in-curtilage car parking arrangements are preferred. Where communal car parking areas are necessary they should be in small groups
Conditions requested: Alleygating with gate at footpath entrance between properties 6 and 7, keys only to residents 4 and 5; Effective illumination of riverbank footpath
Ramsey Town Commissioners
Conditional No Objectionthe Board resolved not to object to planning application nos. 03/00790/B & 03/01846/B subject to various matters; construction traffic shall not be permitted to use the access between Greenlands Avenue and Lezayre Housing Estate under any circumstances
Conditions requested: DOT policies ensuring no flooding to development or elsewhere; DOT to adopt and maintain bund wall as main river with commuted sum from developer; Foul and surface water drainage to comply with Manx Sewers for Adoption; Attenuation area designed for maintenance with depth gauges; No construction traffic via Greenlands Avenue/Lezayre Housing Estate access; Distributor road provided to site boundary
DAFF Wildlife & Conservation Division
Conditional No ObjectionA wider area, incorporating natural vegetation would be preferable; Advice should be sought from the DAFF Inland Fisheries Office regarding the outfalls and river protection
DAFF Inland Fisheries
Conditional No Objectiona distance of at least 10 metres from the river bank; run off will be discharged directly to the river with no treatment, this is unacceptable
Conditions requested: Retain fence between river and field; Place footpath within field boundary
Isle of Man Water Authority
Conditional No Objectionrequests that a condition of planning be that the applicant must contact the Water Authority
Conditions requested: Applicant must contact IoMWA to ensure water supply connection or amendment per Water Supply Byelaws; For multiple connections/new mains, contact Planning and Projects Section tel. 69 59 58
Department of Transport Highways Division
Conditional No ObjectionNo adverse traffic impacts, subject to the imposition of the following conditions
Conditions requested: No dwelling occupied until estate road to base course and lit from highway junction; No dwelling occupied until parking/vehicular access completed; No works on penultimate dwelling until estate road completed; Home Zone traffic calming at access points; S4 Highways Act 1986 agreement prior to works
Department of Transport Network Planning
Conditional No ObjectionNo adverse traffic impacts, subject to the imposition of the following conditions
Conditions requested: No dwelling occupied until estate road to base course and lit from highway junction; No dwelling occupied until parking/vehicular access completed; No works on penultimate dwelling until estate road completed; Home Zone traffic calming at access points; S4 Highways Act 1986 agreement prior to works
The original application for residential estate development (50 dwellings plus neighbourhood centre with public house, shops, nursery) on 2.1ha pasture land west of Gardeners Lane, Ramsey, was approved by the Planning Committee subject to conditions including no dwelling occupation until neighbourhood centre (condition 5) and play areas (condition 6) were available. Mr and Mrs Martin appealed the approval grant seeking refusal, while Heritage Homes Ltd appealed the conditions. Appellant arguments focused on policy compliance, commercial viability of neighbourhood centre without customer base, and practicality of play area timing. Inspector found the proposal in accordance with Ramsey Local Plan and West Ramsey Development Framework, dismissed the third-party appeal, and allowed Heritage Homes' appeal by deleting unreasonable condition 5 (relying on developer integrity) and varying condition 6 to tie play areas to penultimate dwelling occupation. Planning approval confirmed subject to revised conditions.
Precedent Value
Appeals can succeed against unreasonable conditions even on approved schemes if they demonstrably hinder viability/timeliness (e.g. infrastructure before customer base); inspectors give weight to developer integrity where policy requires specific uses; future applicants should secure operator interest evidence and propose revised condition wording.
Inspector: Terrence Kemmann-Lane
