15 April 2004 · Minister for Local Government and the Environment
Gardenfield, Malew Road, Castletown, Isle Of Man, IM9 4ea
The proposal was for approval in principle to create two residential building plots on an irregularly shaped field designated as Open Space (Agricultural) in the 1991 Castletown Local Plan but proposed for residential use in the emerging Draft Castletown Local Plan, with access via an existing gate and uncontrolled lev…
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The independent Inspector concluded that the A5 Castletown By-Pass is a strategically important route which should be protected from unnecessary additional non-agricultural access, and accessing housi…
Acceptable
Multiple consultees responded to planning application 04/00349/A, with objections from DOT Highways, Airport Authority, and Castletown Heritage, conditional support from Castletown Town Commissioners, and a standard condition request from IoM Water Authority.
Key concern: new access onto A5 Castletown Bypass and uncontrolled railway crossing contrary to road safety
Isle of Man Water Authority
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws. We reserve the right to object to any or all of the applications listed below
Conditions requested: condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws
Castletown Heritage
Objectionthis application constitutes prematurity and should be refused with the recommendation that the applicant firstly applies for re-zoning from the Department of Local Government
Conditions requested: in any future plans submitted for this highly visible area... nothing less than detail is submitted with particular emphasis being given to the visual impact and the airport safety zone with conditions that no changes to the original application or build design will be accepted
Department of Transport Highways Division
ObjectionBoth issues are contrary to the interests of road safety.
Castletown Town Commissioners
Conditional No ObjectionThe Castletown Town Commissioners have no objections to the proposed development provided that access is taken to Ballalough Lane which is quite capable of taking traffic generated by two houses. Under no circumstances must access be permitted to Castletown Bypass over the railway line and land owned by the Castletown Town Commissioners.
Conditions requested: access is taken to Ballalough Lane which is quite capable of taking traffic generated by two houses; Details of foul drainage from the site must be submitted and approved prior to the submission of detailed plans
Isle of Man Airport
ObjectionThe Airport Authority must object to any new residential building within the Public Safety Zone.
Southern 100 Motorcycle Racing Ltd.
No Commentthe Directors of the above company have met and wish to declare an interest.
The original application PA 04/00349/A for approval in principle to create two residential building plots with access via the Castletown By-pass was refused by the Planning Committee and upheld on review solely due to road safety concerns over a new access onto the A5 strategic route (50mph limit) and an uncontrolled railway crossing. The appellant argued the access was safer than previously rejected alternatives, supported by recent heavy vehicle use during IRIS works, good visibility, and existing rights, while proposing conditions for speed limit extension. The Council defended the refusal citing prematurity relative to the emerging plan and DoT objections to additional accesses on strategic routes. The Inspector acknowledged diminished weight of the 1991 plan and limited weight for the early-stage emerging plan but found the access prejudicial to safety on the strategic A5 via uncontrolled crossing, distinguishing it from agricultural or temporary uses, recommending dismissal. The appeal was dismissed, upholding the refusal.
Precedent Value
Dismissal reinforces protection of strategic routes from new non-agricultural accesses, even on emerging residential land; applicants must resolve access pre-AIP or via plan process, as inspectors distinguish temporary/heavy from residential use and limit early-stage plan weight.
Inspector: Independent Inspector (Earrington)
