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19/01155/B

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 19/01155/B Applicant : Dandara Homes Limited Proposal : Development of 47 dwellings with associated public open space, highway and drainage infrastructure

Site Address : Field 314538 South Of Ballatessan Meadow Peel Isle Of Man

Principal Planner: Miss S E Corlett Photo Taken : 02.12.2019 Site Visit : 02.12.2019 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision: Approve subject to Legal Agreement Date of Recommendation: 06.03.2020 __

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 the commencement of any work to remove any hedging on site, a Precautionary Working Method Statement for common lizards and breeding birds to demonstrate how the hedging will be removed and not adversely affect either. This must be approved by the Department and the works undertaken in accordance with this and paragraphs 5.5.6 and 5.5.7 of the Preliminary Ecological Survey dated October 2019 and submitted with the application.

Reason: to enable the development to accord with Environment Policy 4 of the Strategic Plan.

C 3. Prior to the commencement of any work on the site, the PEA must be cross checked with species referred to in the Wildlife Act 1990 and the conclusions submitted to the Department along with any appropriate mitigation, and the development undertaken in accordance with the approved details.

Reason: to ensure that the development accords with Environment Policy 4 of the Strategic Plan.

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C 4. Prior to the commencement of any work on site, the planting schedule shall be re- submitted to the Department, incorporating native species of trees and plants and the development shall be undertaken in accordance with the approved details.

Reason: to enhance the biodiversity value of the development.

C 5. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, 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: The landscaping of the site is an integral part of the scheme and must be implemented as approved.

C 6. No lighting may be introduced until a lighting scheme has been approved by the Department which demonstrates that lighting will be directed away from the perimeter hedging and the development must be undertaken in accordance with these approved details and the lighting retained as such thereafter.

Reason: to ensure that the development does not adversely affect the perimeter hedging which has ecological value.

C 7. Prior to the occupation of each dwelling, the respective car parking shall be constructed as indicated on the approved plans and shall remain as approved for the duration of the occupation of the development.

Reason: to minimise on-street car parking that could be detrimental to the operation of the highway.

C 8. Prior to the occupation of the first dwelling there must be approved in writing by the Department details of the required additional traffic calming measures and the development must be undertaken in full accordance with the approved details.

Reason: to ensure highway safety.

C 9. The rear elevations of the properties on plots 21, 24, 26, 27, 34 and 35 must be finished in all brick to match their front elevations.

Reason: to ensure that the development has an acceptable impact on the surrounding area.

This application has been recommended for approval for the following reason. The development is considered to accord with the relevant policies of the Strategic Plan and it is not considered that there are any further material considerations which would justify refusal of the application.

Plans/Drawings/Information;

This decision relates to the following drawings:

03.01 03.02 03.03 03.04

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04.02 04.03 04.04 06.01 06.02 06.03 06.04 06.05 06.06 06.07 07.03 ADR-500 the Surface Water Storage Estimate - Storage Tank details and the Preliminary Ecological Appraisal all received on 17.10.19 and

04.11 received on 23.01.20

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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 relating to planning considerations:

Department of Infrastructure Housing Directorate

It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

4, 8, 18 and 26, Ballatessan Meadow and Castle View Nursing Homes as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).

It is recommended that the owners/occupiers of the following properties and the following agency should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

Sea Peep and Hillcrest as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy

40, 50 and 52, Ballatessan Meadow, 68, Cronk Grianagh, 11, Close Cronk and Manx Utilities as the associated premises is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __

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Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL IS FOR MORE THAN 8 DWELLINGS, THERE IS A REQUIREMENT FOR A SECTION 13 AGREEMENT TO SECURE THE AFFORDABLE HOUSING AND PUBLIC OPEN SPACE AND THE LOCATION AUTHORITY HAS OBJECTED TO THE APPLICATION AND IT IS RECOMMENDED FOR APPROVAL

THE SITE 1.1 The site is a field which abuts a number of two storey properties in Ballatessan Meadow (nos 2-34 even numbers) to the north, a nursing home to the west (Castle View), Peel Golf Course to the east and another agricultural field to the south with a watercourse to the south of this.

1.2 The boundaries are all hedges with a variety of gorse and ferns on top and around.

1.3 The site is relatively flat at the part closest to Ballatessan Meadow then slopes downward towards the south east.

1.4 There is currently no direct access into the site other than a field gateway in the south western side of the site: whilst the access to Castle View continues up to this site, there is a bank preventing access into it.

1.4 There are currently no trees or any other features within the site.

THE PROPOSAL 2.1 Proposed is the residential development of the site for 25 detached houses, 10 semi- detached houses and 12 terraced houses, all two storey together with associated public open space, roads and drainage.

2.2 The dwellings 2.2.1 The dwellings will incorporate a row of 12-13 houses, mostly detached on the 190m boundary with 13 houses (nos 2-34) in Ballatessan Meadow. These houses will be generally between 22 - 28m from the existing dwellings with in one instance, the distance being 20m between the rear outlet of 12, Ballatessan Meadow and the single storey rear outlet on the proposed dwelling on plot 4.

2.2.3 The dwellings will be a mix of render and brick finishes with dark grey roof tiles.

2.2.4 All the dwellings other than three (14, 15 and 16) have south, south-south east or south west facing front or rear main pitches.

2.2 5 The applicant describes the dwellings are designed to complement the existing ones in Ballatessan Meadow, which were also built by them.

2.3 Drainage 2.3.1 The site is to be drained to the main foul system with surface water discharged to the existing water course to the south east, picking up the existing sw drain from the nursing home and via an attenuation storage tank below ground in the road in the south eastern corner of the site.

2.3.2 Discussions were undertaken with Manx Utilities and DEFA in respect of the existing discharge levels into Peel Bay to ascertain whether the discharge from this estate would be possible within the terms of the licence or if an alternative method of disposal, for example a stand alone works, would be required. Other measures were considered including the

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modification of other existing treatment works within the applicant's ownership to enable additional discharges to be issued but it was concluded that the development could be connected to the main system (see correspondence from Manx Utilities below).

2.4 Access 2.4.1 Access will be from Ballatessan Meadow alongside the nursing home and number 2 through the removal of the existing bank. Visibility from this access towards the east is impaired by any vehicle parked on the driveway of number 2 which reduces visibility of vehicles approaching from within Balltessan Meadow to around 25m. There is clear visibility of the main estate junction with the A27 from this point.

2.4.2 Visibility onto the A27 from the main estate junction is given in the application as 4.5m by 70m to the north and 4.5m by 90m to the south, in practice a driver waiting on the stop sign has much greater visibility.

2.4.3 Information is provided in respect of visibility and vehicle tracking within the estate including that for refuse vehicles.

2.4.4 The Transport Statement accompanying the application states that the traffic to be generated by the proposed development will be safely accommodated within the existing estate road network including its junction with the A27.

2.5 Public Open Space 2.5.1 Public open space is provided through small areas of amenity space on the east of the entrance, either side of the terrace of plots 17-20, to the east of plots 41 and 42 and principally in a larger area for recreation alongside the nursing home. This large area extends to 3,441 sq m and a children's play area is shown.

2.5.2 The applicant suggests that 4,128 sq m are required by the Strategic Plan. The draft legal agreement includes the provision of a play area to be provided with play equipment as shown on the plans attached together with the areas of public open space shown coloured green on the plan attached.

2.6 Car parking 2.6.1 Each detached and semi-detached property has two car parking spaces within the site, some in addition to a garage with the terraced dwellings having two spaces in front of the unit. Where there is a run of spaces alongside each other there is to be tree planting to visually break up the hard surfacing and the plans indicate that appropriate geocell root protection is to be introduced here.

2.6.2 In addition, four visitor spaces are to be introduced to the north of the main area of POS.

2.7 Landscaping 2.7.1 Almost all of the detached and semi-detached properties are to have at least one tree in the front garden - either small (hazel, crab apple or blackthorn) or medium (downey birch, hawthorn, aspen, holly, goat willow or bay willow) with large trees (Scots pine, common alder, silver birch, ash and sessile oak) introduced around the existing hedge boundary and in the main area of POS.

2.8 Affordable housing 2.8.1 Affordable housing in the form of 12 dwellings (the terraced dwellings in the south eastern corner of the site) will be either delivered on site or if it is indicated by DoI that this is not currently required, a commuted sum will be paid. DoI have indicated that their preference would be for 11 units to be delivered on site with a commuted sum of £18,000

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for the remaining unit which the applicant is happy to accommodate and a draft legal agreement has been prepared to this effect.

2.9 Ecology 2.9.1 A Preliminary Ecological Appraisal is provided with the application. This identifies the existing hedging as having the most ecological value of the site and this is to be retained other than the existing access although new hedging will be introduced to block up the existing field gateway and new hedging will be introduced around the western most cul de sac. New planting is to be introduced of native species.

2.9.2 The survey was undertaken outside of the optimal time for identifying all species on the site and the PEA acknowledges that some botanical species may not have been recorded but it notes that mapping and description of broad habitat types has been possible and regard has been had to the Extended Phase I Habitat Survey, invasive and protected species noted. Unfortunately reference has been made to species which are not found on the Island (badger, otter, hazel dormice and water vole) and to legislation which is not applicable to the Island (this is referred to later in correspondence from DEFA's Ecosystems Policy Office). No protected species were recorded on the site itself. The biodiversity value of the site could be increased by new planting within the site and the hedgerows along with bird and bat boxes within the site, log and brash piles on the site boundaries and hedgehog boxes at suitable locations.

2.10 Archaeology 2.10.1 The applicant suggests that Manx National Heritage were consulted prior to the submission of the application and they advised that during the construction of the nursing home, no archaeological finds of importance were unearthed and as such no archaeological assessment is needed for this current application and that it will liaise with the developer in respect of any required work.

2.11 Following the submission of comments from the local authority, the applicant responds by explaining that the development has been designed to take account of land alongside which is designated for development on the local plan and there is potential access to the land at two separate points. This is referred to at paragraph 15 of the Transport Statement submitted with the application. That said, there is no indication that further land in this area will be promoted for development during the forthcoming Area Plan process or that such promotion would be successful. They do not consider that development proposals for currently designated land should be assessed against unsupported suggestions of future schemes. This land is not within the control of the applicant and is golf course land (practice ground) which prevents any footpath link to the school or bus route links at this time but any future developer of this adjacent land would have the opportunity to do this and the current application site can link into this.

2.12 They add that in their view the development is not dense (just over 20 dwellings per hectare) and more than 90% of the units have a principal elements facing south which will help maximise natural sources of light and heat as is suggested by the local authority.

PLANNING POLICY 3.1 The site is designated on the Peel Local Plan as Predominantly Residential and outside the town's Conservation Area. The Plan was adopted in 1989 and at that time, part of the application site, along with other parts of the town, lay outside the administrative town boundaries. A boundary revision was undertaken in 2003 which incorporated a swathe of land to the east and south of the town from the outlying parish areas and the application site including the surface water routes to the river, now lies within the administrative local authority area of Peel.

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3.2 The Written Statement accompanying the Local Plan map states at the start of the residential section that "Additional residential development for Peel is seen as being a priority" (5.1) and "Land for residential development on the perimeter of the town will be allocated" (5.3). It specifically refers to "an area between Glenfaba Road and the Golf Course (5.10c). Finally, at 5.14 it states, "New residential development will be to appropriate densities in order both to meet the requirements of the population and to reduce the impact on the countryside".

3.3 The Strategic Plan contains a number of policies which support residential development in sustainable locations which supports pedestrian links to existing services and amenities (Strategic Aim, Strategic Policies 1, 2 and 10, Spatial Policy 5, Housing Policy 4).

3.4 The Plan recommends appropriate design and the protection of character (Strategic Policy 3, 4, 5).

The Plan promotes sufficient development to provide for the future needs of the population (Strategic Policy 11, Housing Policies 1 and 2) with outside Douglas, concentration on Service Centres such as Peel for development of housing and employment and services (Spatial Policy 2).

3.5 The 1999 Act and the Strategic Plan (General Policy 1) state that in the determination of development opportunities, the Development Plan along with other material considerations will be considered.

3.6 General Policy 2 sets out general standards of development , complemented by the Residential Design Guidance, 2019 which provides advice on how residential development can achieve high standards of design and how to assess the impact on other existing properties.

3.7 Ecology is protected by Environment Policies 4 and 7.

3. 8 Housing Policy 5 states that for developments of 8 or more dwellings 25% of the units will be provided as affordable.

4. 9 Recreation Policy 3 requires that for developments of ten dwellings or more to provide Public Open Space and standards for this provision are provided in Appendix Six. Two bed units should provide 36 sq m of formal open space, 12 sq m of children's play space and 16 sq m of amenity space. 3 bed units should provide 54, 18 and 24 sq m respectively. This results in a requirement of 1,926 sq m of formal open space, 774 sq m of children's play space and 1,032 sq m of amenity space (4.128 sq m).

PLANNING HISTORY 4.1 The site has not been the subject of any previous applications.

REPRESENTATIONS 5.1 Peel Town Commissioners oppose the application as the development does not take into account the provision of the necessary infrastructure to support the development of the adjacent land which is designate for residential development. This is particularly of concern given the emerging Area Plan for the West which may result in additional land here being designated for development. They do not consider that the development makes sufficient provision for pedestrian access to the schools and the design and alignment of the houses maximise the number of dwellings rather than their ability to maximise natural sources of light and heat.

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5.2 Highway Services raise no objection subject to conditions (26.02.20). They note that the key issues are whether the development would intensify the use of the proposed site access, the traffic generated by the development, the impact of the development on the external highway network, pedestrian access onto the external highway network including access to bus services, the proposed works on the external highway network, the internal highway layout, the Stage 1 Safety Audit, on site parking provision and cycle parking. They refer to the submitted Transport Statement and describes the existing highway layout and conditions. The visibility onto the A27 from the existing access is acceptable at 2.4m by 120 to the south and 2.4m by 90m for vehicles approaching from the north. The A27 carries 1,500 vehicles per day with the weekday flow at 150 with the development adding 380 additional vehicle movements per day and 38 in each morning and evening peak period. This is considered to be acceptable. The furthest dwelling would be 400m from the bus stop which is acceptable although an hourly rather than once every two hour service would be preferable. Visibility from the nursing home onto Ballatessan Meadows is considered adequate provided that the area in front of the substation remains clear. The internal road layout is considered acceptable. Car parking provision is acceptable although it is noted that some of the garages do not meet the requirements of MfMR in respect of internal size and door width but would provide useful bicycle storage. The remaining units which do not have garages have external access to the rear so could accommodate bicycle storage. Highway Services is aware of the objections raised to the application but do not consider that any of the concerns justify refusal of the application. Conditions are recommended as follows:

Prior to the occupation of each dwelling, the respective car parking shall be constructed as indicated on the approved plans and shall remain as approved for the duration of the occupation of the development.

Reason: to minimise on-street car parking that could be detrimental to the operation of the highway.

Prior to the occupation of the first dwelling the developer shall provide details of the required additional traffic calming to be approved by Highway Services.

Reason: to ensure highway safety.

5.3 DoI Housing Directorate have indicated that their preference would be for 11 units to be delivered on site with a commuted sum of £18,000 for the remaining unit which the applicant is happy to accommodate and a draft legal agreement has been prepared to this effect (24.02.20),

5.4 Manx Utilities sought a deferral on 28.11.19 but later indicate that they do not oppose the application (18.02.20)

5.5 Ecosystems Policy Office note incorrect references to species and legislation which are not found on or applicable to the Island. They, however, accept the assessments made in respect of birds, bats, lizards and frogs but recommend a Precautionary Working Method Statement for common lizards and breeding birds be produced including reference to the removal of any hedging as well as the vegetation removal and alterations to the ditch. They also recommend boxes for starling, house sparrows and lizard refugia be incorporated into the development. Finally, prior to the commencement of works a method statement for a low level lighting scheme be approved to direct light away from surrounding hedges and sod banks (20.11.19).

5.6 DEFA Environmental Protection Officer enquires whether the applicant has developed a waste management strategy for this development (25.11.19)

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5.7 Local residents 5.7.1 A number of local residents express concern at the impact of the development on local highway conditions and safety, the impact on the living conditions of those in adjacent properties - suggesting that the proposed dwellings closest to the existing houses should be singe storey, the ecology of the site and the drainage of the town, noting that the development will be discharged untreated into Peel Bay. Some residents have not been able to create off road parking due to Conservation Area restrictions.

5.7.2 Some contributors also suggest that the local services will not be able to cope with additional population (doctors, dentist, schools) with some suggesting that there is no need for additional homes. It is also noted that the Island has Biosphere status and the development will not support this and that the Cabinet Office has commenced a process for the preparation of a Plan for the West: this application should not be considered until that process has been completed.

5.7.3 Concern is expressed about the accuracy of the application and reference to non- Island species, suggesting that there are species which have been seen (pheasant, herons, curlew, hen harriers, corvidae, gulls, swifts and frogs) on the site as well as the loss of agricultural land. It has been suggested that the site is exposed to wind and this should be considered in the design of the development. The site is also described as a superb Dark Skies location.

Hillcrest, Glenfaba Road (07.11.20) 4, 8, 18, 26, 40, 50, 52, Ballatessan Meadow 11, Close Cronk, Ballatessan Meadow 68, Cronk Grianagh Estate, Braddan (former resident of Peel) Sea Peep, Poortown Road, Peel

ASSESSMENT 6.1 Principle of development 6.1.1 The Act and the Strategic Plan make it clear that in determining applications for development, the provisions of the development plan should be considered, along with any other material considerations. In this case, the land is designated for development and whilst the Peel Plan was adopted over thirty years ago, there has been no revision of this and as such the land used designations should not be questioned in principle. The site abuts existing residential development and can be satisfactorily served by existing infrastructure (according to the relevant statutory authorities)

6.1.2 In terms of the Area Plan for the West, this process has only just commenced and in total is likely to take 3-5 years to complete. Given this timescale, it is not considered appropriate to delay the determination of this application pending the completion of that process.

6.1.3 The Strategic Plan was adopted in 2016 with revised population statistics and the latest Housing Availability Update indicates that there is still a need for 214 further units to reach the Strategic Plain housing target of 770 units in the West. As such, it is not considered that there insufficient need for the proposed houses to justify a refusal of this application.

Impact of the development on existing adjacent dwellings 6.2.1 The development will have an impact on the living conditions of those in adjacent dwellings in that numbers 2-34 which currently have an open view to the south of uninterrupted countryside, will see a row of houses not dissimilar to their own. This is an inevitable consequence of development being encouraged to be sustainable and where new development should be located close to existing dwellings and as close as possible to local

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services and amenities. The land was designated for development when Ballatessan Meadow was approved, built and sold. The loss of a private view is not a material consideration.

6.2.2 The Residential Design Guidance provides advice on how new development can avoid having an unacceptable impact on existing dwellings and the proposed development complies with this, being at least 20m from the existing properties and as such there will not be an unacceptable impact on outlook or privacy.

Impact of the development on access 6.3.1 The development will increase the number of vehicles using the junction of the estate road with the A27. The existing users of the estate road will not experience this additional loading until approaching the junction with the A27 although the residents of number 2, Ballatessan Meadow will be aware of traffic using the route alongside it, significantly increasing from that which currently uses this short stretch of highway. However, this is not considered objectionable, given the designation of the land for residential purposes and the context of the existing properties in a residential estate.

6.3.2 The highway authority does not oppose the application.

Impact of the development on ecology 6.4.1 Subject to conditions relating to appropriate additional work relating to PWMSs as recommended by Ecosystems Policy Office, there is no objection to the application from the statutory authority responsible for the protection of wildlife.

Impact of the development on drainage 6.5.1 In respect of drainage, whilst the continued practice of discharging untreated sewage into Peel Bay is generally considered unacceptable practice, there is a licensing system to control this and it is understood that what is proposed would not be in breach of this. There are plans to create a new sewage treatment system for Peel, 19/00462/B, this has yet to be determined by the Council Of Ministers (the application has yet to be the subject of a public inquiry). It is not considered appropriate to delay determination of this application pending the determination of that application.

Impact of the development on affordable housing 6.6.1 The development will make the appropriate contribution towards affordable housing in the form of delivery of units on site and a commuted sum of £18,000 for the remaining amount.

Impact on Public Open Space 6.7.1 The development will provide the full amount of POS in accordance with the requirements of the Strategic Plan. The majority of the POS is arranged in a single, large area which will enable better use than with a number of smaller pieces of land and the area available would be capable of accommodating a Multi Use Games Area as described in the Guidance for Outdoor Sport and Play - Beyond the Six Acre Standard produced by Fields in Trust and whilst the equipped play area which is shown is half way between the Local Area for Play and the Local Equipped Area for Play in the same guidance, there is sufficient space available for a full LEAP should the provider be so inclined. The land is relatively flat so could conveniently accommodate recreational space for a variety of particular uses.

Impact of the development on the character and appearance of the area 6.8.1 As the site is designated for development, the inevitable change to the character and appearance of the area through the appearance of buildings and roads where there are currently green fields, should not be an issue in principle. This does not mean, however that no regard should be had to the design and layout of the estate and the buildings within it.

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6.8.2 The development will be seen as an extension to the Ballatessan Meadow buildings which can be seen at the top of the rising land, as viewed the south as one approaches Peel from Patrick Village. What is proposed will maintain this, proposing a row of houses parallel with those existing and to an extent, the new buildings will be absorbed into the existing houses which can be seen from this direction. From the west part of the development will be screened by the existing nursing home although approximately half of the development will project further south than does this existing complex. The design of the new housing is not dissimilar to that in Ballatessan Meadow, creating a consistency to the combined developments and sense of identity. The layout of the estate follows the lead of the existing Ballatessan Meadow layout and creating housing which almost all has a southerly aspect.

6.8.3 Unlike Ballatessan Meadow, some of the properties in the proposed estate are finished completely in brickwork and as proposed this brickwork does not continue around the rear of the properties. Whilst the rear of the dwellings in the centre of the estate will not be particularly noticeable, those which abut the open land to the south - plots 21, 24, 26, 27, 29, 32, 34 and 35 will be particularly noticeable with the terraced dwellings having quite a stark appearance when the brickwork is removed from the row. The applicant has agreed that the brick finishes of 21, 24, 26, 26, 34 and 35 will continue to the rear elevations.

CONCLUSION 7.1 The development is considered to accord with the relevant policies of the Strategic Plan and it is not considered that there are any further material considerations which would justify refusal of the application. The application is therefore recommended for approval pending the signing of a legal agreement to deliver affordable housing in the form of 11 units on site and a commuted sum of £18,000 for the outstanding amount relative to the additional unit and provision of a play area to be provided with play equipment as shown on the plans together with the areas of public open space shown on the approved plans. Conditions are recommended which respond to concerns about the PWMS, native species, cross-checking the PEA with the Wildlife Act, planting, parking provision and traffic calming although the condition recommended by Highway Services is not acceptable as a planning condition cannot require something to be approved by a separate third party.

INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), 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) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

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 in Article 6(4) who should be given Interested Person Status.

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. __

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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 : ...PER... Committee Meeting Date:...16.03.2020

Signed :...J CHANCE... 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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19/01155/B

PLANNING COMMITTEE DECISION 16.03.2020

Application No. : 19/01155/B Applicant : Dandara Homes Limited Proposal : Development of 47 dwellings with associated public open space, highway and drainage infrastructure Site Address : Field 314538 South Of Ballatessan Meadow Peel Isle Of Man

Principal Planner : Miss S E Corlett Presenting Officer J CHANCE

Addendum to the Officer’s Report

The Planning Committee agreed the recommendation on the 16th March 2020 subject to an amendment to condition 3 and two new conditions in relation to boundary treatments.

Condition 3 (amended) - Prior to the commencement of any work on the site, the Preliminary Ecological Appraisal must be cross checked with species referred to in the Wildlife Act 1990 and the conclusions submitted to the Department along with any appropriate mitigation, and the development undertaken in accordance with the approved details. Reason: to ensure that the development accords with Environment Policy 4 of the Strategic Plan.

Condition 10 (new) - Notwithstanding any previously submitted details of boundary treatment, further details shall be submitted to and approved by the Department prior to the commencement of development and the development shall be carried out in accordance with the approved details. The details submitted shall provide for walls on those boundaries between gardens and areas of open/amenity space at plots A1, A17, A41, A42, A36 and A47. The details shall also include provision for the retention and enhancement of the hedging to the perimeter of the site where it abuts adjacent fields. Reason: To control development in the interests of the amenities of the surrounding area.

Condition 11 (new) - 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 without the prior written approval of the Planning Authority. Reason: To control development in the interests of the amenities of the surrounding area.

Condition 12 (new) - New condition - Prior to the commencement of the development hereby approved, details of the provision of boxes for (starlings and house sparrows) and refugia (for lizard) shall be submitted to and approved by the Department. The boxes and refugia shall be provided in accordance with the approved details and before the occupation of the 47th dwelling, and retained as such thereafter.

Reason: in the interests of maintaining and enhancing the biodiversity of the area