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23/00451/B Page 1 of 11
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 23/00451/B Applicant : Dandara Homes Limited Proposal Erection of 13 terraced & semi-detached dwellings on the site of 9 previously approved detached & semi-detached dwellings on no.s 19 to 23 & 30 to 33 Faragher Road, and amendments to rear plot boundaries and adjacent footpath, bin collection point & parking spaces for no.s 40 & 41 Faragher Road Site Address 19 To 23 & 30 To 33 And 40 & 41 Faragher Road Phase 2 Reayrt Mie Ballasalla IM9 2BL
Case Officer :
Mr Hamish Laird Photo Taken :
01.06.2023 Site Visit :
01.06.2023 Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Approve subject to Legal Agreement Date of Recommendation 13.07.2023
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. No works to the watercourse bank and channel shall take place outside the period July to September (inclusive).
Reason: To avoid disturbance or injury to spawning fish, or to the spawn and fry of fish, during the season in which they are most at risk.
C 3. Any works to the existing water course shall be undertaken in accordance with the written method statements and agreed in advance with the Inland Fisheries Section of the Fisheries Directorate, DEFA.
Reason: to allow DEFA Fisheries to provide advice on a suitable approach to construction, in order to reduce the possibility of injury or disturbance of fish within the river.
C 4. The existing trees shown as being retained on the approved drawings shall be retained and in the event that the retained tree becomes damaged or otherwise defective due to events
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outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.
Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.
C 5. Within 3 months from the date of this decision, a plan showing ecological mitigation measures that can include bat and/or bird box being installed to properties or to landscaped areas to ensure long term nesting space and shall be implemented, retained, maintained and kept available for those specific uses.
Reason: In the interest of ecology and biodiversity.
C 6. Protective fencing shall be erected and maintained throughout the works, any fencing that becomes damaged must be replaced. All of the existing trees and hedges marked as being retained in the landscaping plan (Drawing No. 02.04 Rev G - approved by PA 22/00139/B), must be retained and protected from damage and disturbance throughout the works. Any changes must be submitted to Planning for written approval prior to any removal taking place. Any additional removal must be suitable compensated for by replacement native planting.
Reason: Protection of the biodiversity and ecology on site.
C 7. The phasing of the development must be carried out in accordance with the approved plans under 19/00137/B which show the construction of the phase 1 part of the new by-pass road including the new roundabout on the A5 to be commenced no later than the completion of the 75th dwelling within Phase 1 of the development hereby approved. No dwellings shall be constructed within Phase 2 of the development prior to the completion of the 90th dwelling in Phase 1 and until the by-pass road has been completed with a surface course up to the entrance of phase 2 as shown in the approved plans. No dwelling within Phase 2 shall be occupied until the by-pass road has been completed with a surface course up to the site boundary at the rear of Railway Terrace.
Reason: To ensure the delivery of the by-pass road.
C 8. The planting proposals as detail on the Landscaping Plan drawing (phase 2) referenced 02.04-G - approved by PA 22/00139/B - shall be carried out in accordance with those details provided. Any planted trees that are removed, die or become, in the opinion of the Department, seriously damaged or defective within five years of planting shall be replaced with specimens of a similar size and species as originally required, unless the Department gives written consent to any variation.
Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs as the landscaping of the site is an integral part of the scheme and must be implemented as approved.
C 9. All works on site shall be carried out in accordance with the previously approved construction method statement as approved under PA 19/00137/B Condition 4. This approved statement shall be adhered to throughout the construction period. The statement demonstrates the parking of vehicles of site operatives and visitors, routes for construction traffic, hours of operation, method of prevention of mud being carried onto highway, pedestrian and cyclist protection, proposed temporary traffic restrictions and arrangements for the turning of vehicles.
Reason: In the interests of safe operation of the highway.
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C 10. No part of the Phase 2 development hereby approved shall be occupied until the first 12 metres of the access on to the by-pass road, measured from the edge of the carriageway, has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.
Reason: In the interests of highway safety.
C 11. No dwelling hereby approved shall be occupied unless the estate roads, including footpaths, cycle paths and turning spaces, have first been constructed so as to ensure that each dwelling has been provided with a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and existing highway.
Reason: To ensure that the development is served by an adequate means of access.
C 12. No dwelling hereby approved shall be occupied until the access, turning area and parking spaces for the relevant occupied dwelling have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter.
Reason: In the interests of highway safety.
C 13. No part of the development hereby approved shall be occupied unless the following measures for improving pedestrian use (approved under PA 19/00137/B) have first been constructed in accordance with the approved details:
the existing footway on the southeast side of the A5 between the new access and the junction of Ballabridson Park and the section of Ballahick Lane between the A5 and the site are constructed in accordance with those approved details.
Reason: In pursuit of sustainable transport objectives
C 14. No part of the development hereby approved shall be occupied unless the flood attenuation area as approved under PA 19/00137/B has first been constructed in accordance with those submitted details as previously approved.
Reason: to ensure that the facility is maintained to accommodate water from the proposed development.
C 15. Any work including site clearance or soil stripping, shall be undertaken in accordance with the approved Precautionary Working Method Statement (PWMS) with Reasonable Avoidance Measures (RAMS) for lizards, frogs and breeding birds, as previously approved under Condition 15 of PA19/00137/B and undertaken in accordance with those details.
Reason: to ensure that the development complies with Environment Policy 4.
C 16. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012, no walling or fencing other than is shown on the approved plans may be erected on the following plots where the proposed walling or fencing would abut the railway line:
Plots B29a, B29b, B29c, B30, B31, B32, B33a and B33b; and, Plot B43b.
Reason: to ensure that the development has an acceptable visual impact on the surrounding area.
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N 1. The applicant is advised to contact Fisheries (tel. 685857, or email [email protected]) to discuss method statements and arrange further advisory site visits as development continues especially before the water course is altered, should the proposal be granted planning approval. As detailed on the attached information sheet, DEFA does not charge for an initial site visit or review of method statement but there is a charge for relocating fish prior to river works. This is likely to be deemed necessary due to the nature of the proposed works on a section of stream, which Fisheries assessment confirm may contain fish, including eels.
This application has been recommended for approval for the following reason. It is considered the proposal would not have any significant adverse impacts upon public or private amenities and would therefore comply with Strategic Policy 1,2,3,4,5,10,11, Spatial Policy 3&5, General Policy 2, Environment Policy 4 & 42; Housing Policy 1,2,3,4,5; Transport Policy 1,2,3, 4, 6, & 7; Infrastructure Policy 1,2 and Energy Policy 5 of the IOM Strategic Plan 2016, and the Residential Design Guide 2021. It is recommended that the planning application be approved for the reasons given and subject to an amendment to the previous Section 13 Legal Agreement and the conditions listed.
Plans/Drawings/Information;
The development shall be carried out in accordance with the approved documents and drawings:
Drawing No. 01 Rev. A - Phase 2 Site, Location, & Landscaping Plan; Drawing No. 523 - 'ASH 3' house-type Semi-Detached (or terraced) 3-bed house Floor Plans and Elevations; Drawing No. 524 Rev. A - 'ASH 3G' house-type Semi-Detached (or terraced) 3-bed house Floor Plans and Elevations; Drawing No. 514 - 'BIRCH 2' house-type Semi-Detached (or terraced) 3-bed house Floor Plans and Elevations; Drawing No. 515 - 'BIRCH 3' house-type Semi-Detached (or terraced) 3-bed house Floor Plans and Elevations; Drawing No. A_PL_14.11 - Street Elevation comparison Phase 2 - Plots B29a - B33b; Drawing No. A_PL_14.12 - Street Elevation comparison Phase 2 - Plots B40 - B44;
All stamped received and dated 26 April, 2023.
__
Interested Person Status - Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions these do relate to planning considerations:
Flood Management Division (DOI) __
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE BECAUSE A SECTION 13 LEGAL AGREEMENT (DEED OF VARIATION) IS REQUIRED
1.0 THE SITE 1.1 The application relates to the second phase of a three part development for the provision of residential accommodation and a link (Ballasalla) Bypass from Balthane Corner to Glashen Hill in Ballasalla.
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1.2 This application was previously considered by the Planning Committee under:
Ref: 19/00137/B - Residential development comprised of 282 dwellings, associated highway and drainage infrastructure and public open space, and the construction of a new by-pass road between Douglas Road and the rear of Railway Terrace to include a new roundabout on Douglas Road and a bridge over the IOM Steam Railway line; and,
22/00139/B - Erection of 107 dwellings (amendment to dwelling types approved under PA 19/00137/B) (see 4.0 planning history) and approved with a number of conditions and subject to a legal agreement for 282 dwellings (phase 1 and 2)
1.3 Part of the 2019 approval has been implemented (phase 1) to the north of the railway line has been built with many of the dwelling houses sold and now occupied. Also built is the road network and part of the bypass is already under construction and the bridge over the Steam railway underway and functioning. The housing for Phase 2 has not started but the infrastructure for the bypass and engineering works has begun on site.
1.4 The Isle of Man Steam Railway runs in a shallow cutting along the northern site boundary. In addition, residential development, with some forming part of Phase 1 and more established dwellings located in Ballabridson lie on the northern side of the railway.
2.0 THE PROPOSAL 2.1 This application seeks permission to alter the house types on certain plots within the area defined as phase 2, "Reayrt Mie", essentially to provide an updated house designs to reflect current demand and availability of building materials. In so doing, it involves the erection of 13 terraced & semi-detached dwellings on the site of 9 previously approved detached & semi-detached dwellings on Plot no.s. 19 to 23 & 30 to 33 Faragher Road, and also proposes amendments to rear plot boundaries and adjacent footpath, bin collection point & parking spaces for Plot no.s 40 & 41 Faragher Road.
2.2 In a covering letter accompanying the application, the applicant advises:
"Phase 2 of the residential development at Reayrt Mie, Ballasalla, was initially approved under PA 19/00137/B and amended under PA 22/00139/B, with 5 no. 4-bed detached dwellings approved on plots B29 to B33 (now no.s 19 to 23 Faragher Road).
Phase 2 includes a range of dwelling types, with demand for terraced and semi-detached houses proving to be the strongest - the substitution of 5 detached dwellings (no.s 19 to 23) with 8 no. 3-bed terraced and semi-detached houses will therefore help to meet housing demand. Whilst demand for 4-bed detached dwellings is not as strong as anticipated when PA 19/00137/B was prepared there will still be those house types available on other plots within Phase 2.
It is also proposed to erect a terrace of 5 dwellings on the site of no.s 30 to 33 Faragher Road, replacing the previously approved 2 pairs of semi-detached dwellings. Minor amendments are also proposed for the area to the rear of no.s 40 & 41 Faragher Road, resulting in changes to the rear plot boundaries and the adjacent footpath, bin collection area and 2 no. parking spaces. The dwelling types now proposed will be finished in similar materials to those previously approved and will not result in adverse change to the street scene or to the character of the development overall. Each dwelling will be provided with 2 off-street parking spaces, and 3 of the dwellings will also have garages. A revised affordable housing contribution will be agreed with the Department and DoI Housing Division."
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The proposed house types are all on previously approved 'plots' (2019 approval) and there are no proposed alterations to the infrastructure or landscaping over what was previously approved.
2.3 This proposal would be in 2 parts. First, the 8 proposed dwellings on the site of the previously approved 5 detached dwellings at Plot Nos. B29, B30, B31, B32 and B33, would now become B29a, B29b, B29c, B30, B31, B32, B33a and B33b and would comprise the Ash3 House Type with Ash 3G - (G-denotes Garage) on plots B29a, B30 and B33b. They would face onto a new road within the development, whilst their rear aspects would face north backing onto the Isle of Man Steam Railway which runs adjacent to the sites northern boundary. This boundary is marked by hedging.
2.4 Second, the 4 No. Ash type, semi-detached dwellings proposed for Plots B40, B41, B42 and B43, would be substituted by 'Birch' type dwellings in a terrace of 5 units. These would be Plot B40 = Birch 3; B41 = Birch 2; B42 = Birch 2; B43a = Birch 2; and, Plot B43b would be a Birch 3 dwelling. The differences between the dwellings are: Birch 2 has 2-beds, whilst Birch 3 has 3-beds.
2.5 The final element of these proposals would be the substitution of the 2 No. car parking spaces for the Plot B51 dwelling, located to the rear of the dwelling being used instead as a Bin Store/collection point of the B44 - B51 dwellings which would be accessible from the rear pedestrian passageway serving the se dwellings, whilst the car parking spaces for B51 would be located to the south-west on the other side of the turning head in this head of cul-de-sac location.
3.0 PLANNING POLICY The land is designated as Proposed Residential, Industrial, Public Open Space, Community facility on Map 4 (Ballasalla) of the Area Plan for the South. The land is also linked to the Written Statement with Notation No.3. The application site is not within a Conservation area, or within an identified area as being at flood risk.
3.1 A previously prepared Development Brief (see PA19/00137/B) for this section of land at para 4.29, identifies the possible uses of the land and that considerations should be given to the Ballasalla bypass route to the corner of Balthane, the junction details, potential site of archaeological significance, drainage masterplan, and protection to prevent any contamination of the Glashen Stream.
3.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application:
Strategic Policy 1 Efficient use of land and resources 2 Priority for new development to identified towns and villages 3 To respect the character of our towns and villages 4 Protection of built heritage and landscape conservation 5 Design and visual impact 10 Sustainable transport 11 Housing Needs
Spatial Policy 3 Identifies those Service Villages 5 Building in defined settlements or GP3
General Policy 2 General Development Considerations
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Environment Policy 4 Wildlife and Nature Conservation 42 Respect the local character and identity
Housing Policy 1 General need for additional housing from 2011 -2026 2 Supply of designated housing land available 3 Defined housing provision per area 4 Location of new housing and exceptions 5 Provisions for 25% affordable Housing
Business Policy 10 Retails in designated areas
Recreational Policy 3 Requirement for Landscaped amenity areas 4 Requirement for Public open space 5 Links to the countryside
Community Policy 1 Community provisions and neighbourhood centres 2 Accessibility of community facilities 10 Fire Fighting provisions
Transport Policy 1 proximity to existing public transportation services 2 layouts to link to existing systems 3 No impact or compromise upon existing rail routes 4 Highway Safety 6 Equal weight for vehicles and pedestrians 7 Parking Provisions
Infrastructure Policy 1 Development and Connectivity to IRIS 2 Details of connectivity to IRIS
Energy Policy 5 Energy Efficiency
3.4 Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
4.0 PLANNING HISTORY 4.1 19/00137/B - Residential development comprised of 282 dwellings, associated highway and drainage infrastructure and public open space, and the construction of a new by-pass road between Douglas Road and the rear of Railway Terrace to include a new roundabout on Douglas Road and a bridge over the IOM Steam Railway line. Fields 434764, 434116, 432719, 432607, 432608, 434113, 434114, 434115, 434089, 434090, And 434091 Douglas Road Ballasalla. APPROVED subject to a S.13 legal agreement with 19 Conditions by Planning Committee on 15/07/2019. Most of these conditions relate to the bypass and phase 1 of the development and highways infrastructure. Approved
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4.2 22/00139/B - Erection of 107 dwellings (amendment to dwelling types approved under PA 19/00137/B) (see 4.0 planning history) and approved with a number of conditions and subject to a legal agreement for 282 dwellings (phase 1 and 2)
4.3 21/01262/B - Third phase of development consisting of 128 dwellings, a neighbourhood centre with children's nursery and local shop units, and public open space including a children's playground - Field 434091 & Parts Of Fields 435106 (formerly 432719), 434974 (formerly 434089) And 434090 Adjacent To Railway Terrace, Ballasalla. APPROVED subject to a legal agreement with 14 conditions. Approved
4.4 20/00124/MCH - Minor changes application for PA 19/00137/B involving alterations, traffic calming features, new footpath link and pedestrian link. Field 434764, Douglas Road Ballasalla. Approved.
5.0 REPRESENTATIONS (in brief - full reps can be read online) 5.1 Malew Commissioners (3/5/23) raises 'no objections'.
5.2 DoI - Highways (5/3/23) as amended - comments - "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised to install secure and enclosed cycle parking storage, and an electric vehicle charging point to aid Active Travel and net zero objectives. Additionally, for the Applicant to liaise with DOI Highway Asset Teams to amend the s4 highway adoption to reflect the revised layout, and the position of access points, paths etc."
5.3 DoI - Flood Risk (26/5/23) No Objection.
5.4 There has been no other comments received from interested parties or stakeholders.
6.0 ASSESSMENT 6.1 The proposal is relatively straight forward and has come about to reflect market demand for housing types, that would see a smaller different style of property on the same plots as previously approved. The overall design, appearance and character would be reflective of what is already approved and used in the phase 1 and 3 of the proposal and the choice of materials would be reflective of this also.
6.2 On balance the principle of the proposal would be acceptable, with a neutral impact upon the visual amenity within the streetscene and would not be considered to have any detrimental impact upon any of the neighbour's amenity. Likewise, there are no outstanding issues raised with any drainage, flooding or highway safety. This proposal would not alter the affordable housing provision or open space requirement already approved.
Affordable Housing 6.4 The overall increase is for four houses house (B29b, B29c, B33b and B43b) above what was previously approved. This would alter the overall provision of houses and the requirement for affordable housing under HP5. The previously accepted S.13 was slightly updated to ensure that the previously accepted affordable housing of 20 dwellings on site with a commuted sum of £23,500 per unit paid in lieu of the remaining 50.5 units and £11,750.00 for half a unit of affordable housing, was secured..
6.5 In addition to the above, this application is proposing 4 additional housing units as well as a change of house types. This application would be giving a fresh approval for these parts of the site. Therefore a Deed of variation of the original Section 13 Legal Agreement needs to be undertaken.
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6.6 With regard to the affordable housing and the increase of four additional dwellings on site, this can be addressed through a Deed of Variation / an amendment to the S.13 legal agreement from the 2019 (original) application. Essentially based on that signed agreement, a commuted sum could be payable and would be compliant with Housing Policy 5 which required 25% of affordable housing.
6.7 The previously accepted S.13 provided affordable housing of 20 dwellings on site with a commuted sum of £23,500 per unit to be paid in lieu of the remaining 50.5 units and £11,750.00 for half a unit, of affordable housing. In this instance a commuted sum of £23,500.00 (reflective of 1⁄4 or 25% of the total number of new dwellings) would be payable and would be acceptable, in this instance, to the Public Estates & Housing Division.
6.8 With regard to conditions and transfer of those from the former application, the previous 2019 application discharged those onerous conditions that required further information, namely; 3,4,12,13,14,15,16,17,18. The remaining conditions; 1 - four year rule 2 - Implementation of the bypass 5,6,7,8,9,10,11 - All relate to highway safety 19 - Suspends PDO for fencing to certain plots. As this proposal is for 4 additional houses and variation of the housing types and is reflected by the red line around those specific plots and does not include any of the highways or infrastructure, this application is somewhat dependent on the 2019 permission and those previous conditions can be linked through onto this application.
7.0 CONCLUSION 7.1 The application site is identified for development and the proposal is judged to comply with the site allocation and site brief referenced; No.3 (see para previously prepared Development Brief (see PA19/00137/B) for this section of land at para 4.29).
As such, it is recommended that the planning application be approved for the reasons given above and subject to a Deed of Variation to the Section 13 Legal Agreement and the conditions listed.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status.
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8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : ...Permitted... Committee Meeting Date:...24.07.2023
Signed :...H LAIRD ... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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PLANNING COMMITTEE DECISION 24.07.2023
PA No 23/00451/B Applicant Dandara Homes Limited Proposal Erection of 13 terraced & semi-detached dwellings on the site of 9 previously approved detached & semi-detached dwellings on no.s 19 to 23 & 30 to 33 Faragher Road, and amendments to rear plot boundaries and adjacent footpath, bin collection point & parking spaces for no.s 40 & 41 Faragher Road Site Address 19 To 23 & 30 To 33 And 40 & 41 Faragher Road Phase 2 Reayrt Mie Ballasalla IM9 2BL Planning Officer Mr Hamish Laird Presenting Officer As above - Addendum to the Officer Report
At the 24th July, 2023, Planning Committee Meeting, Members requested that a further condition requiring the provision of Solar PV Panels to be attached to the dwellings as shown on the submitted drawings, be added to the decision. This is to ensure that the Solar PV panels are provided. The Case Officer agreed to alter the recommendation to reflect this request. The wording of the condition reads:
C.17 Prior to the first occupation of the dwellings, hereby permitted, Solar PV Panels shall be attached to the most favourable oriented roof-slope of each unit as shown on the approved drawings, with a minimum 4 No. PV Panels per roof-slope. Thereafter, the Solar PV panels shall be retained and maintained for the lifetime of the development.
Reason: To ensure that the development minimises its impact on climate change by utilising renewable energy in accordance with the provisions of Policy GP2 n) of the Adopted Isle of Man Strategic development Plan (2016).
Copyright in submitted documents remains with their authors. Request removal