13 August 2018 · Planning Committee
Land Adjacent To, Clock Tower Industrial Estate, Foxdale, Isle Of Man, IM4 3hp
The proposal involves building 24 two and three bedroom houses in a mix of semi-detached and terraced blocks on a sloping greenfield site zoned for residential use in the Foxdale Local Plan, finished in painted render, Manx stone and artificial slate roofs to resemble traditional Manx cottages.
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The officer assessed the principle of development as acceptable because the site is designated as 'Predominantly Residential' in the Foxdale Local Plan (Area 3 opposite Springfield Terrace) and aligns…
Strategic Policy 1
Requires optimising use of sites with efficient access, landscaping, open space; officer found proposal utilises site near infrastructure/services in Service Village.
Strategic Policy 3 - To respect the character of our towns and villages
Identifies Foxdale as Service Village for housing to meet local needs; site within development boundary per Foxdale Local Plan.
Environment Policy 10
Requires flood risk assessment where risk potential; applicant provided details satisfying Manx Utilities.
Environment Policy 13
Prohibits development with unacceptable flood risk; mitigated by culvert upgrades/cleaning.
Environment Policy 42
Requires design reflecting local character; traditional Manx cottages accepted as appropriate.
General Policy 2
Permits zoned development respecting site/surroundings in siting/layout/scale/design/landscaping, amenity, highways, services, no flood/erosion risk; all tests passed including >20m separations, visibility, parking.
Housing Policy 4
New housing in towns/villages or zoned land; site zoned residential.
Housing Policy 5
Requires 25% affordable in 8+ dwelling sites; 6 units via Section 13 agreement.
Transport Policy 1
Locate near public transport; site on A24 Mines Road.
Transport Policy 4
Highways to accommodate generated traffic safely; visibility/parking/roads conditioned.
Transport Policy 6 - Equal weight for vehicles and pedestrians
Pedestrian needs equal weight; footpaths and potential crossing provided.
Transport Policy 7
Parking per standards; 2 spaces/dwelling conditioned.
Recreation Policy 3
10+ dwellings require recreational space per Appendix 6; three areas plus 128sqm play area provided.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Visibility splays
Prior to any works on site the visibility splays onto Mines Road must be set out and thereafter maintained in accordance with drawing no 4422/P2 REVN K date stamped the 1st April 2016.
Car parking provision
Prior to the occupation of any dwelling 2 car parking spaces associated with that dwelling shall be provided and retained free from obstruction thereafter.
Road construction
Prior to the occupation of each dwelling the road between Mines road and the dwelling and the car parking for the dwelling shall be constructed to at least base course level.
Landscaping scheme
No development shall take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the Planning and Building Control Directorate and these works shall be carried out as approved... [full text as in decision notice, including eastern/southern boundaries, planting maintenance].
Public open space
The last dwelling of the development hereby approved shall not be occupied until the areas of public open space as shown on drawing 4422/P2 REVN K have been turfed with grass, including the footpaths, seating, stone walls and landscaped as proposed and all made available for recreational use... [plant replacement].
No extensions
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012... no extension, enlargement or other alteration of the dwelling(s) hereby approved... without prior written approval.
No garden sheds/summerhouses
Notwithstanding... no garden sheds or summerhouses shall be erected or placed within the curtilage... without prior written approval.
No greenhouses/polytunnels
Notwithstanding... no greenhouses or polytunnels shall be erected or placed within the curtilage... without prior written approval.
Stream works timing
Works which would affect the water courses/rivers/streams shall be carried out only in the period from July to September, (inclusive). The owner/contractors are to provide details of the proposed starting date for the works and liaise with DEFA Fisheries Directorate in regard to all works on the area within 9 metres of the stream.
Mining site investigation
Given the history of the use of the site, prior to any works commencing on site a detailed site investigation and report interpreting the results, to ascertain if there are any impediments to development because of ground conditions caused by former mining activity, are required to be submitted to and approved by the Planning and Building Control Directorate.
No forward enclosures
Notwithstanding... no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department.
No opposition subject to conditions on visibility splays, parking, roads, uncontrolled crossing, and boundary treatments <600mm
No objection providing works affecting watercourse follow agreed method statement and timing (July-September), liaison within 9m of stream
No objection following provision of drainage details; suggest condition for final drainage scheme approval
Site sits on old mine workings; require site investigation for ground conditions
Request Section 13 Agreement for 6 affordable units (25% of 24)
No objections initially, but query play area adoption/bond/planting
Multiple consultees including Housing Division, Patrick Parish Commissioners, DEFA Fisheries, Department of Economic Development, and Manx Utilities provided comments on the residential development application, generally with no objections but requesting specific conditions relat…
Key concern: concerns about drainage, particularly the culvert adjacent to the site which has flooded three times in recent years
Department of Infrastructure Housing Division
Conditional No Objectionwe confirm that we have looked at the above application and we have considered the provision of the 25% affordable housing requirement; The department would therefore request that consideration be given by the Planning Committee to include a requirement, in respect of any approval granted for this site
Conditions requested: applicant to enter into a Section 13 Agreement with the Department to provide affordable housing, based upon the usual calculation, of 6 units (24 x 25% = 6 units)
Patrick Parish Commissioners
Conditional No ObjectionThe Commissioners have no objection to the following aspects of the Application being approved: Number and style of dwellings, Parking arrangements, Roads, Access, Sewers; Following unfortunate experiences with other developers, the Commissioners require to know whether it is intended that they adopt the land in due course and under what terms
Conditions requested: require the deposit of a bond of £5000 refundable; applicant, or other owner as landowner is to be responsible for the upkeep of these areas; condition reflecting this to be included with any Approval
Patrick Parish Commissioners
Conditional No ObjectionThe Commissioners continue to have concerns about drainage; Following unfortunate experiences with other developers, the Commissioners require to know whether it is intended that they adopt the land in due course and under what terms
Conditions requested: surface water drainage needs to be attenuated before joining the stream; deposit of a bond of £5000 refundable; applicant, or other owner as landowner is to be responsible for the upkeep of these areas; will wish to agree a planting scheme in advance of execution; condition reflecting this to be included with any Approval
DEFA Fisheries
Conditional No ObjectionFisheries, DEFA has no objection to this proposal providing that...; This is necessary due to protect fish populations in the Foxdale River downstream of the site
Conditions requested: works affecting the watercourse banks and channel (e.g. culvert and spillway) are conducted according to written method statements agreed in advance with the Inland Fisheries Section of the Fisheries Directorate, DEFA; method statement should detail that the new culvert and spillway would be completed prior to diversion of water from the old culvert and sediments deployed at the end of the new culvert during diversion of water
DEFA Fisheries
Conditional No Objectionthis clause would be acceptable to describe the conditions that DEFA fisheries seek in order to protect fish populations in the downstream areas
Conditions requested: works that affect the site can only be carried out in the period from July to September (inclusive) in a calendar year; The owner/contractors are to provide the Fisheries Department with details of the proposed starting date for the works and liaise with them in regard to all works on the area within 9 metres of the stream in order to prevent any pollution of the water, prior to the start of the development
Department of Economic Development
No ObjectionThe DED holds information which suggests that the development site sits upon old mine workings
Conditions requested: Site development should incorporate appropriate site investigation and interpretation of results to ascertain if there are any impediments to development because of ground conditions caused by former mining activity
Manx Utilities
Please can I request that Flood Risk Assessment be developed and submitted
Conditions requested: Flood Risk Assessment be developed and submitted to the Planning Department as part of this application for Manx Utilities to review
