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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 15/00978/B Applicant : A V Craine & Sons Limited Proposal : Residential development of 24 dwellings with parking arrangements, roads, vehicular access, sewers, services, open space play facilities and landscaping Site Address : Land At Kiondhooag And Field 333129 Adjoining Mines Road Foxdale Isle Of Man

Principal Planner: Mr Chris Balmer Photo Taken : 29.09.2015 Site Visit : 29.09.2015 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 06.06.2016 __

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

C 2. 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.

Reason: In the interests of highway safety.

C 3. Prior to the occupation of any dwelling 2 car parking spaces associated with that dwelling shall be provided and retained free from obstruction thereafter.

Reason: To ensure that the car parking standards are met in the interests of highway safety.

C 4. 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.

Reason: To ensure that the dwellings and parking spaces are accessible in the interests of highway and pedestrian safety.

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C 5. 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. Details of the hard landscaping works include footpaths, hard surfacing materials and fencing. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of each dwelling hereby permitted. Details of the soft landscaping works should also include details of landscaping along the entire eastern boundary of the site, rather than fencing as proposed on drawing 4422/P2 REVN K. Additionally, further landscaping should be included along the southern boundary of the site, rather than fencing as proposed. All planting shall be carried out in accordance the approved details in the first planting and seeding seasons following the first occupation of each dwelling permitted or must be carried out in the first planting and seeding seasons following the completion of the development, whichever is the sooner. 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 and species.

Reason: To ensure the provision of an appropriate landscape setting to the development.

C 6. The last dwelling of the development hereby approved shall not be occupied until the areas of public open space referred 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. 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 and species.

Reason: To ensure adequate Public Open Space provision is provided.

C 7. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.

Reason: To control development in the interests of the amenities of the surrounding area.

C 8. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no garden sheds or summerhouses shall be erected or placed within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.

Reason: To control development in the interests of the amenities of the surrounding area.

C 9. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no greenhouses or polytunnels shall be erected or placed within the within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.

Reason: To control development in the interests of the amenities of the surrounding area.

C 10. No works which would affect the water courses/rivers/streams can only be carried out 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.

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Reason: To protect the fish population within the water course/river/stream.

C 11. 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.

Reason: To ascertain if there are any impediments to development because of ground conditions caused by former mining activity.

N 1. This approval is subject to a legal agreement.

Plans/Drawings/Information;

This approval relates to drawings reference numbers 4422/L1 REVA, 4422/EX2 REV B, 4422/P3 B and 4422/P2 REV C received on 24th August 2015 and 1st April 2016 and 4422/P2 Revn K(date stamped received 8 February 2018).

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Interested Person Status - Additional Persons

Foxdale Industrial Estate Limited __

Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE APPROVAL WILL BE SUBJECT TO A LEGAL AGREEMENT

1.0 SITE 1.1 The site defined in red is a parcel of land - Field 333129, situated on the southern side of the A24 road (Mines Road) which links the Eairy with Foxdale village. To the east of the site is a lane which runs to Kiondhooag and to the west is the industrial estate access road. The site is presently undeveloped and slopes downwards from Mines Road to the southern boundaries of the site. The site has a frontage to the A24 of around 35 metres; however, the overall width of the site is approximately 145 metres. A parcel of land not within the applicant's ownership is located along the northern boundary of the application site, hence why the majority of the site does not direct front onto Mines Road.

1.1 The application site also includes a strip of land of the neighbouring field to the east of the site. The field has recently gained approval in principle for residential development. The strip of land included within the application site is required to provide the required visibility splay from the new entrance of the proposed application.

2.0 PROPOSAL 2.1 The application seeks full approval for the residential development of 24 dwellings with parking arrangements, roads, vehicular access, sewers, services, open space play facilities and landscaping.

2.2 The proposal would include a new entrance off Mines Road which would provide access to the site. The scheme incudes an estate road, which would split into two forming to cul-de- sacs. The properties are all two storey, made up of a mixture of two pairs of semi-detached and the remaining in five terraced blocks. The dwellings are designed to appear as traditional

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Manx Cottages finished with a mixture of painted render and Manx stone, all with artificial slate roofs.

2.3 A new footpath would essentially run throughout the site providing access to the dwellings and open space and children play area.

3.0 PLANNING POLICIES 3.1 The application site is mainly within an area recognised as being an area of "Predominantly Residential" under the Foxdale Local Plan Order 1999. The site is not within a Conservation Area.

3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains the following policies that are considered specifically material to the assessment of this current planning application:

3.3 Strategic Policy 1 states: "Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."

3.4 Strategic Policy 3 states: "The following villages are identified as Service Villages o Laxey o Jurby o Andreas o Kirk Michael o St Johns o Foxdale o Port St Mary o Ballasalla o Union Mills

Area Plans will define the development boundaries of such villages so as to maintain and where appropriate increase employment opportunities. Housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing."

3.5 Environment Policy 10 states: "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4."

3.6 Environment Policy 13 states: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted." The applicant states that the clearing and cleaning of existing watercourses and the provision of a concrete lining thereof will "alleviate virtually all flooding in the area" and that only a small part of the site is liable to flood which is related to incapacity of the existing culvert and also that flooding in this site does not lead to flooding in the wider area.

3.7 Environment Policy 42 states: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."

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3.8 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

(a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."

3.9 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:

(a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."

3.10 Housing Policy 5 states: "In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more."

3.11 Transport Policy 1 states: "New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes."

3.12 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."

3.13 Transport Policy 6 states: "In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users."

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3.14 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.

The current standards are set out in Appendix 7."

3.15 Recreation Policy 3 states: "Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan."

3.16 Foxdale Local Plan - Area 3: Land Opposite Springfield Terrace states:

"3.51 The Department is aware that the ownership of this land extends further east to include the area known as the Louisa Mine site. It is considered that the development of some of this area, opposite Springfield Terrace to "Kiondhooag" would not be detrimental to the policy of containing new development within an established village perimeter. However, it has been stated that there should not be any further estate-type development within the village and that development should be restricted to small-scale pockets of land within the village's natural boundary. Whilst within the visual boundaries of the village, the site represents approximately seven acres - not necessarily a small-scale site. It should also be borne in mind that the school's capacity is already limited.

3.52 The Department considers, however, that as the current land-ownership extends beyond the area indicated as being potentially suitable for residential development and includes the Louisa Mine site, then this may present a valuable opportunity by which to secure the reclamation of the mine site for the benefit of the village as a whole. As such, if a proposal for residential development were accompanied by a proposal for the reclamation and restoration of the Mine site, then development of the site for residential purposes may be considered favourably by the Department.

3.53 It should be noted that development of the site will not be permitted to commence until such times as the Louisa Mine site has been reclaimed and restored in a safe and attractive manner, to the satisfaction of the Department of Local Government and the Environment.

3.54 It is considered appropriate therefore that development of the site may be permitted in accordance with the following development brief:

"1. Any proposal for development of the site must be accompanied by

   proposals  for  the restoration of the Louisa Mine site. The Mine

   site may only be used, after restoration, as Open Space.

2. Any proposal for development must be subdivided into a number of

   smaller phases such that control over the timing of the development

   can be retained by the Planning Committee and the impact of the

   development on the village can be controlled.

3. All dwellings must be connected to the main foul sewer with all

   surface water channelled into the  surface water drain: all drainage

   must  be  gravity-fed: pumped systems will not be acceptable to the

   Department  of  Transport  as  it would seem feasible to drain most

   of the site by gravity. Furthermore, the downstream sewer has a finite

capacity which may be constrained by pumping and the installation of a pumping station only for the dwellings which cannot be drained by gravity would, in the opinion of the Department of Transport not be justified in terms of extra running costs (energy and maintenance).

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4. Whilst a specific density of dwellings on the site is not laid down here, development should generally become less dense as it approaches the edges of the site which border open countryside. Here, greater attention should be given to tree-planting to soften the edge of the development.

5. Development of the site must acknowledge the presence and amenities of "Kiondhooag": sufficient space must be afforded to this existing dwelling and in this respect no new buildings may be erected within 30 metres of the dwelling itself.

6. Prior to the commencement of any works which may be approved on the site, the applicant must ensure that the site is not contaminated. If tests reveal that contamination is present, the appropriate method of dealing with any toxic material must be agreed with and carried out as directed by the Environmental Health Inspectorate.

7. All pipework must be installed not only to the satisfaction of the Department of Transport, but also to that of the Environmental Health Inspectorate in order to ensure that no contamination enters the water course.

8. The design of the new buildings should reflect that of the older, more

traditional buildings within the village: the use of traditional

      materials  will  be  encouraged  - slate-like roofing tiles,  rendered  or

      Manx   stone   walling  etc.  A  variety  of  complementary  styles   of

      building is encouraged.

9. Development of the site should include at least one area of open space

which could be used for children's play."

4.0 PLANNING HISTORY 4.1 There are no previous planning applications which are considered relevant in the assessment and determination of this application. However, to the east of the site an Approval in principle application for residential development of the site with full details of the means of access into the site was approved on 20.08.2014, under planning application 14/00295/A. This site falls within "Area 3: Land Opposite Springfield Terrace", which also include the application site.

5.0 REPRESENTATIONS 5.1 The Patrick Commissioners have no objection to the application but make the following comments which are summarised as (received on 16.09.15); No objections, but the Planning Statement accompanying the application makes references to discussions with the Board concerning the provision of a children's play area. These discussions reached no conclusion as regards the future of the spaces as the adjacent area owned by another developer complicated discussions. The commissioners require to know whether it is intended that they adopt the land in due course and under what terms. Road Bond required and the responsibility of the upkeep of the areas are an issue and they therefore require a condition reflecting this to be included with any approval.

Further comments received (13.05.16) which indicated that; continue to have concerns about drainage (site has flooded 3 times in recent years) Commissioners believe that the playground should be aimed at the infant age group. Commissioners require a bond of £5000 refundable. Commissioners will wish to agree a planting scheme.

5.2 Highway Services do not oppose subject to the following conditions (received on 16.05.2016): 1. Prior to any works on site the visibility splays of 2mx90m shall be provided at a height of 1.05m or less and maintained thereafter.

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Reason: to ensure safe access onto the highway in the interests of highway safety.

2. Prior to the occupation of any dwelling 2 car parking spaces associated with that dwelling shall be provided and retained free from obstruction thereafter.

Reason: to ensure that the car parking standards are met in the interests of highway safety.

3. 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.

Reason: to ensure that the dwellings and parking spaces are accessible in the interests of highway and pedestrian safety.

4.Prior to the occupation of any dwelling an uncontrolled crossing point shall be provided at a suitable location on Mines Road.

Reason: to ensure adequate access for pedestrians to the existing highway network in the interests of highway and pedestrian safety.

5. All walls, fences, hedges and landscaping positioned between the dwellings and the roads/footpaths shall be less than 600mm in height.

Reason: to ensure adequate intervisibility between vehicles and pedestrians"

5.3 DEFA - Fisheries Executive Officer have made a number of comments following discussions with the applicant which are summarised and listed below: "27.11.15 DEFA may require that works that affect the site can only be carried out 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 them in regard to all works on the area within 9 metres of the stream.

01.10.15 DEFA has no objection to this proposal providing that works affecting the watercourse banks and channel (e.g. culvert and spillway) are conducted according to written method statement agreed in advance with the Inland Fisheries Section of the fisheries Directorate, DEFA.

02.09.2015 Email from Dr J Gledhill to advise that Fisheries have sent a Development within 9m form to complete."

18.09.15 - copy of correspondence to applicant received.

5.3 Department of Economic Development comment the following (received on 10.09.2015): "The DED holds information which suggests that the development site sits upon old mine workings. 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."

5.4 Manx Utilities Authority - Drainage initially considered the application and sought a flood risk assessment in relation to the watercourse that crosses the site (received on 27.10.2015 & 27.04.2016). Following the applicant providing the information to them, Manx Utilities Authority makes the following comments (received on 24.06.2016): "Manx Utilities would like if possible to condition this application so the details relating to drainage of the site including the watercourse can be finalised after the planning decision if successful. Manx utilities would suggest the following:

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Prior to the commencement of the proposed development there must be submitted to and approved in writing by the Planning Authority a scheme for the design of the foul and surface water sewerage system and the culverted watercourse across the site repositioning and/or protection of the culverted watercourse which crosses the site in consultation with the Manx Utilities; the works must be carried out in accordance with the approved scheme. Any costs to the repositioning and/or protection of the watercourse are to be carried out at the developer's expense. This approval does not negate the need to obtain permissions under the Flood Risk Management Act 2013.

The reason for this condition is to ensure the site is adequately drained and does not increase flood risk to the site or to others."

5.5 Department of Infrastructure - Housing Division (received on 20.04.2016); request that consideration be given by the planning Committee to include a requirement for the applicant to enter into a Section 13 Agreement with the Department to provide affordable housing. A total of 6 units (25% of 24) should be provided.

5.6 Cornerstone Architects write on behalf of their clients Foxdale Industrial Estate Limited to register an objection to the proposals. No reasons are given to the objection but they indicate the principle of the development is accepted and is supported (received on 29.10.2015).

6.0 ASSESSMENT 6.1 Given the land-use designation and the type of development the following elements are relevant in the determination of this application; (a) principle of development; (b) the potential impact upon the visual amenities of the area; (c) potential impact upon neighbouring amenities; (d) potential impact upon highway safety; and (e) drainage/flooding issues.

PRINCIPLE OF DEVELOPMENT 6.2 The first and main issue relating to this application is the principle of residential development on this site. As outlined within the planning policy section of this report, the site is proposed for residential use and therefore the proposal for additional residential development is acceptable.

6.3 Since the adoption of the Foxdale Local Plan (1999), the Isle of Man Strategic Plan has been adopted (June 2007 & 1st April 2016). Within this document Strategic Policies 1 & 3 require that new dwellings be located within existing sustainable settlements. Spatial Policy 3 indicates that Area Plans will define the development boundaries of such villages so as to maintain and where appropriate increase employment opportunities. Housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing.

6.5 More recently, an update to the Isle of Man Strategic Plan 2016 has been undertaken and adopted, which identified that a total of 770 new dwellings is required to be provided between the years of 2011 to 2026 in the west of the Island alone. A total of 5,100 dwellings are required over this same period throughout the Island. Given Foxdale is regarded as the main Service Centre in the north of the Island, it is reasonable to consider the majority of these dwellings are likely to be provided in Ramsey, especially given designated residential land is still available under the Ramsey Local Plan which was adopted in 1998.

6.6 Accordingly, given the above reasons, it is consider the principle of developing the majority of the site for residential purposes is acceptable. This is not an automatic reason to allow development as further material planning matters as indicated previously need to be considered, to determine if the principle of 24 dwellings on the site is appropriate.

THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA

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6.7 Perhaps the starting point is in relation to the development brief indicated within the Foxdale Local Plan. It is considered that the proposal would comply with the requirements with this brief. In particularly the proposed houses design and layout (i.e. mainly terraces) would ensure that development should generally become less dense as it approaches the edges of the site which border open countryside. As indicated previously, the application site only includes the east part of Area 3. The remainder of the area is to the east and the approval in principle application included more semi-detached properties and detached properties. Accordingly, whilst the two sites are currently proposed to be developed separately (different ownership) it would seem the two schemes would comply with this part of the brief.

6.8 As part of substantial pre-application discussions, it was indicated to the applicant's agent that given the properties frontage to both Mines Road and the new estate road, the properties front and rear elevations should be carefully designed to ensure the development would complement both two street scene. The proposal is considered to achieve this matter. The design, finishes, proportion and form would also result in traditional Manx cottage properties again in line with the requirements of the brief and in keeping with the street scene/area. Overall, In terms of the potential impacts upon the visual amenities of the area, it is considered again the proposal would be an appropriate form of development from this respect.

6.9 Accordingly, whilst there will be an impact to the visual amenities of the area, it is considered the proposals would be acceptable and comply with General Policy 2 of the IOMSP.

POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES 6.10 The second issue relates to the potential impact of the development upon the residential amenities of neighbouring properties. Given the size of the site and number of dwellings, all properties adjacent to the site will be impacted by the development. Any development would have an impact, the issue to consider is whether the proposed development would significantly impacts upon the amenities of the neighbouring properties. Generally the main issue relate to overlooking resulting in a loss of privacy, overbearing impact upon outlooks and/or loss of light.

6.11 In terms of overlooking a general guide which the Department utilises is the 20 metres separation distance between opposing windows, which is taken between direct facing windows. In this case all the proposed dwellings are greater than 20 metres from neighbouring existing properties, these being to the north, across the Mines Road. Accordingly, given the distance between these properties and the existing boundary landscaping between these properties it is considered that amount of overlooking, would not be so significant to warrant a refusal.

6.12 In relation to overbearing impacts upon outlooks of neighbouring residents, again given the distance the proposed dwellings would be from existing properties, the design and height of the dwelling and the existing boundary landscaping (north boundary), the proposal would not unduly affect neighbouring properties.

POTENTIAL IMPACT UPON HIGHWAY SAFETY 6.13 The application indicates that visibility splays of 90 metres can be provided in both directions, as requested by Highway Services. Furthermore, no objections have been made from Highway Services in terms of traffic generated by the development.

6.14 All the properties would have at least two off road parking spaces.

6.15 The proposed new footpaths would front onto the Mines Road and the drawing does indicate that in the future a new pedestrian crossing could be provided across Mines Road. Whilst this aspect is not included (a matter for Highway Services and the applicants in the

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future), the proposal does provide the footpaths which make this crossing potentially possible should it be needed in the future.

6.16 Accordingly, the application complies with Transport Policies 1, 4 & 7 and the parking standards of the IOMSP.

AFFORDABLE HOUSING PROVISION 6.17 As indicated by Housing Policy 5 the Department will normally require that 25% of provision should be made up of affordable housing when developments are of 8 dwellings or more. On this basis a total of 6 affordable units would generally be required. In this case the applicants have been in discussion with the DOI Housing Division and both parties have agreed that the applicant will provide six dwellings. A Section 13 Legal Agreement will need to be agreed.

OPEN SPACE PROVISION 6.18 Recreation Policy 3 indicates that where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan.

6.19 The proposal would provide three areas of open space (?????sqm) and an area for children's plan area (128sqm). The main area of open space would be located along the western boundary of the site and would include footpaths, landscaping and a seating area. Accordingly this proposal is considered to comply Recreation Policy 3.

6.20 The provision and maintenance of the play equipment is often the function of the local authority after agreement with the developer as to what equipment is to be provided and where.

DRAINAGE/FLOODING ISSUES 6.21 The applicant has been in detailed discussion with Manx Utilities - Drainage and the scheme includes upgrading the existing culvert which runs through the site. The proposal has also been designed so this culvert is below a footpath and therefore can be maintained/repaired, without affecting the property. The proposed drainage for surface and foul water has been designed and agreed with Manx Utilities who also have no objection to the proposal.

6.22 In terms of flood risk the applicants have provided information which again satisfies Manx Utilities.

OTHER MATTER 6.23 Conditions should be attached which require a detailed site investigation and interpretation of results to ascertain if there are any impediments to development because of ground conditions caused by former mining activity. Should report should be submitted to in writing and approved by the Planning and Building Control Directorate prior to any works commencing. The applicants have no objection to such condition being attached.

7.0 RECOMMENDATION 7.1 Overall, for the reasons indicated with this report it is concluded the proposals complies with the relevant planning policies of the Isle of Man Strategic Plan and the Foxdale Local Plan and therefore it is recommended the application is approved subject to conditions as listed and subject to a Section 13 Legal Agreements relating to Affordable Housing provision.

8.0 INTERESTED PERSON STATUS

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8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material; (d) The Highways Services of the Department of Infrastructure; and (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

8.2 In line with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:

Foxdale Industrial Estate Limited Manx Utilities Authority - Drainage __

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : ...Permitted... Committee Meeting Date:...13.08.2018

Signed :... 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 13.08.2018

Application No. :

15/00978/B Applicant : A V Craine & Sons Limited Proposal : Residential development of 24 dwellings with parking arrangements, roads, vehicular access, sewers, services, open space play facilities and landscaping Site Address : Land At Kiondhooag And Field 333129 Adjoining Mines Road Foxdale Isle Of Man

Principal Planner : Mr Chris Balmer Presenting Officer As above

Addendum to the Officer’s Report

At the meeting held on the 9th April 2018, the Presenting Officer amended the recommendation to the Committee to include an additional condition to clarify that the number of affordable housing units to be provided was 6 not 5 as shown on the amended plan 4422/P2 Revn K.

The Presenting Officer also amended the recommended Interested Persons to include that the Department of Infrastructure - Housing be granted interested person status and the Department's Energy and Fisheries Directorates should not be granted interested person status.

The Planning Committee rejected the Officer's recommendation and an alternative proposal which excluded the proposed Conditions 8 & 9, but included the additional condition referred to above, was approved.

Conditions of Approval

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

C 2. 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.

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Reason: In the interests of highway safety.

C 3. Prior to the occupation of any dwelling 2 car parking spaces associated with that dwelling shall be provided and retained free from obstruction thereafter.

Reason: To ensure that the car parking standards are met in the interests of highway safety.

C 4. 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.

Reason: To ensure that the dwellings and parking spaces are accessible in the interests of highway and pedestrian safety.

C 5. 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. Details of the hard landscaping works include footpaths, hard surfacing materials and fencing. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of each dwelling hereby permitted. Details of the soft landscaping works should also include details of landscaping along the entire eastern boundary of the site, rather than fencing as proposed on drawing 4422/P2 REVN K. Additionally, further landscaping should be included along the southern boundary of the site, rather than fencing as proposed. All planting shall be carried out in accordance with the approved details in the first planting and seeding seasons following the first occupation of each dwelling permitted or must be carried out in the first planting and seeding seasons following the completion of the development, whichever is the sooner. 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 and species.

Reason: To ensure the provision of an appropriate landscape setting to the development.

C 6. 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. 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 and species.

Reason: To ensure adequate Public Open Space provision is provided.

C 7. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.

Reason: To control development in the interests of the amenities of the surrounding area.

C 8. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no garden sheds or summerhouses shall be erected or placed within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.

Reason: To control development in the interests of the amenities of the surrounding area.

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C 9. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no greenhouses or polytunnels shall be erected or placed within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.

Reason: To control development in the interests of the amenities of the surrounding area.

C 10. 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.

Reason: To protect the fish population within the water course/river/stream.

C 11. 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.

Reason: To ascertain if there are any impediments to development because of ground conditions caused by former mining activity.

C 12. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), 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.

Reason: To control development in the interests of the amenities of the surrounding area.

N 1. This approval is subject to a legal agreement.

Plans/Drawings/Information

This approval relates to drawings reference numbers 4422/L1 REVA, 4422/EX2 REV B, 4422/P3 B and 4422/P2 REV C received on 24th August 2015 and 1st April 2016 and 4422/P2 Revn K(date stamped received 8 February 2018).