Officer Planning Assessment Report

1. "Strategic Policy 5: new development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies." 46. "Strategic Policy 10: New development should be located and designed such as to promote a more integrated transport network with the aim to: a) minimise journeys, especially by private car; b) make best use of public transport; c) not adversely affect highway safety for all users, and d) encourage pedestrian movement." 47. "Strategic Policy 11: The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 6000 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2001 to 2016." Housing Policy 1 reiterates this. 48. Spatial Policy 4: "In the remaining villages development should maintain the existing settlement character and should be of an appropriate scale to meet local needs for housing and limited employment opportunities. These villages are...Ballafesson, Colby, Ballabeg..." 49. 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 space 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 adverse 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." 50. General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: a) essential housing for agricultural workers who have to live close to their place of work (Housing Policies 7, 8, 9 and 10) b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment d) the replacement of existing rural dwellings (Housing Policies 12, 13 and 14) e) location-dependant development in connection with the working of minerals or the provision of necessary services; f) building and engineering operations which are essential for the conduct of agriculture or forestry g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative and h) buildings or works required for interpretation of the countryside, its wildlife or heritage". 51. Environment Policy 36: "Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area." Page 11 52. Environment Policy 42: "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." 53. Housing Policy 5: "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." 54. Recreation Policy 2: "Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances: a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and b) where there would be an overall community gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area." 55. Recreation Policy 3: "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." 56. Appendix 6 requires that for every 2 bedroomed new dwelling 36 sq m of formal open space is provided, 12 sq m of children's play space and 16 sq m of amenity space, a total of 64 sq m. In the case of 3 bedroomed properties or larger, the requirements are 54, 18 and 24 sq m – a total of 96 sq m. 57. Recreation Policy 4: "Open Space must be provided on site or conveniently close to the development which it is intended to serve, and should be easily accessible by foot and public transport." Page 12 58. Recreation Policy 5: "Area Plans will identify areas where improvements to informal access to the countryside can be made and to the public footpath network. Existing public rights of way should be retained and any development which affects these will be permitted only if it provides diversions which are no less direct or attractive than existing routes." 59. Transport Policy 1: "New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes." 60. Transport Policy 2: "The layout of development should, where appropriate, make provision for new bus, pedestrian and cycle routes, including linking into existing systems." 61. Transport Policy 4: "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." 62. Transport Policy 7: "The Department will require that in all new development, parking provision must be in accordance with the Department’s current standards" (these are set out at Appendix 7 and generally require two parking spaces per new dwelling where possible accommodated behind the building line). 63. Transport Policy 8: "The Department will require all applications for major development to be accompanied by a Transport Assessment." Such an Assessment is provided as part of the application. 64. Energy Policy 5: "The Department will prepare a Planning Policy Statement on Energy Efficiency. Pending the preparation and adoption of that PPS the Department will require proposals for more than 5 dwellings or 100 square metres of other development to be accompanied by [sic] an Energy Impact Assessment." ### Planning History 65. Planning permission was granted on appeal for the principle of residential development under PA 05/92118. This was subject to conditions similar to the requirements of the Development Brief set out in the draft Southern Area Plan, that is referring to a Transport Assessment, the requirement for a tree survey with tree protection measures, provision of a footpath link to Ballacubbon, discharge or foul and surface water, the provision of affordable housing, Page 13 consultation with the highway authority. Also, it was a requirement that the housing shall not be commenced until such times as the football club has alternative premises and the time constraints imposed required that the approval of the reserved matters and the commencement of development be undertaken within two years of the date of the notice. This was subsequently extended by two years to November 2008 and then for a further two years and then a further single year. The applicant has submitted a request to further extend this to extend the approval in principle beyond the period in which an application for reserved matters could reasonably be considered and development commenced. 66. Planning permission has been granted for the creation of the playing fields and clubhouse to the south of the railway station (PAs 09/0340 and 10/1871) and most recently planning permission was refused on appeal for the installation of lighting in the access road and car park (PA 10/0917). ### Representations 67. The occupiers of the following properties express concern at the additional traffic, including construction traffic, which will use Glen Road and thus have a detrimental impact on their property, surface water drainage and flooding, inadequate access provisions and lack of footpaths along Glen Road and the lack of provision for an additional substation and the inappropriate style of some of the proposed dwellings are raised by the owners of the following property: - Awin Oirr, Upper Ballastrooan - Glen Road properties: Ballacallow, Ballacannell, Ballacooil House and Ballacooil Mews, Ballakelly, Bibaloe, Brynwood, Burwood, California Cottage, Colby Beg, Croft House, Cronk Veg, Glen Cot, Glendene, Glenfield, The Barn, Thie Plaish, - 15, 16, 18, 21, 22, 23, 24, 34, 45, 47, 48, 65 and 94, Ballacriy Park - The Heathers, Rockaway, Treetops and numbers 3, 4 and 7, Costain Close - Rambling Rose and Willowsmere, Glen Road - Ballcubbon, Main Road Page 14 5, Croit-e-Cubbon Ballabrae, Ard Wooilley and 16, Victoria Road, Port St. Mary 68. A number of the objections refer to a one bedroomed dwelling being refused in the vicinity for reasons relating to "over-utilisation of existing utilities". No reference has been provided in this respect and it is not known to which application this refers. Further consultation with the objectors reveals that the application which was being referred to was PA 10/0850 (se Appendix Five) which does not refer to over-utilisation of existing utilities as a reason for refusal although the point was raised that if one additional dwelling was not considered acceptable, how can a further thirty five as proposed in this latest application. 69. A petition was submitted with various names, some of which were not specific - ie "Main Road Colby": those with specific addresses have been added to the list of objectors above. 70. The owners of Colby Croft which is adjacent to the site, wish to be made a party to the decision but express no view on the proposed works. 71. Arbory Parish Commissioners comment that the highway is not concerned by the layman to be suitable for additional traffic and it is felt that the density of development is too great - twenty would be more appropriate. 72. The Department of Social Care recommends that nine affordable units should be provided as a result of this development. 73. The Manx Electricity Authority indicates that the applicant should consult them about providing an electricity supply to the site and taking into account existing electricity supplies in the vicinity of the site. 74. The Isle of Man Water and Sewerage Authority indicate that they do not oppose the application subject to the imposition of conditions regarding the installation of attenuation of the flow of surface water into the Colby Glen river. Page 15 75. Department of Environment, Food and Agriculture Forestry Amenity and Lands Directorate indicate that they have no objection to the application but suggest that lighting around the perimeter of the site is avoided to preserve the habitat for bats. ### Assessment 76. The Inspector should consider whether the principle of development is acceptable and in this respect, it is relevant that the approval in principle is currently still valid and the development which provides for alternative playing facilities for the football club is well under way. The modified development plan which designates the application site for residential development is about to be the subject of a public inquiry and there has only been one expression of concern regarding the possible impact through inappropriate density of development. 77. The conditions of the approval in principle and the requirements of the development brief within the draft Southern Area Plan are also relevant considerations and they require similar things. In this respect, the requirement that there be no development to commence until such times as the football club have available to them alternative playing facilities. As the new playing fields and clubhouse are not yet operational, this condition would be required if planning permission were granted to the current scheme. 78. A Transport and Tree Assessment have both been provided in accordance with the development brief and the footpath link to the land to the south has also been provided as required. 79. Public Open Space is provided which satisfies the requirement for amenity and informal public open space. In respect of the formal open space, for which there is a requirement for 1988 sq m of space to be provided as a result of this proposed development, the redevelopment of the application site has resulted in the development of new facilities elsewhere in the village and within walking distance of the application site, with these new facilities being considerably larger in area than the existing, far in excess of the 1988 sq m of deficiency in the application proposals. Paragraph 10.3.7 of the Strategic Plan states "These general standards will be applied having regard to the following circumstances: i. the size, type and particular needs of the resident population in question; ii. the needs of visitors to the area; and iii. the proximity and availability of existing Open Space, including the foreshore, public glens and parks, and school fields which may be available for public use outside of school hours." Appendix Six also states: "Playing space that may be included...in the overall standard: For sporting use: pitches, greens, courts, athletics tracks and miscellaneous sites such as training areas in the ownership or control of public bodies including the Department of Education, where such facilities are available to the Page 16 general public, and Areas described above which are within the private, industrial or commercial sectors, that serve the leisure time needs for outdoor sport and recreation of their members of the public" (paragraph A.6.2). 80. It is understood that a legal agreement is in the process of being drafted by the applicant for the purposes of provision of affordable housing in accordance with Housing Policy 5 of the Strategic Plan. 81. The footpath to the north of the site is not to be affected by the proposed development. 82. In respect of Strategic Plan policies, the inspector must be satisfied that the development will protect and respect the character of the village (Environment Policy 42, General Policy 2 and Spatial Policy 4) in view of the position of the site alongside the Conservation Area and in the middle of a mixture of building types - the older developments along Colby Glen and the more modern properties to the north and east. In this respect, the Inspector may wish to consider a condition which requires that the roofing on the dwellings at the western end of the site, closest to Colby Glen Road - plots 1, 2, 3, 35 and 34 - is finished in a slate-like material (Redland Mini Stonewold may be better replaced with Cambrian, Landmark 10 or Saxon 10 from the Redland range) which would be more sympathetic to the finishes on the properties immediately alongside the site on Glen Road. 83. The Inspector must also be satisfied that the proposal is acceptable in highway safety terms - whether the access to the site affords appropriate visibility and that the additional traffic generated by the proposed development does not result in an adverse highway or amenity impact on other users of the local highway network. In this respect there is a Transport Assessment submitted with the application, and there is no indication from the Highway Authority that the proposal is unacceptable. 84. Finally, the Inspector must be satisfied that the proposal involves a drainage system which will safely and satisfactorily drain the site of surface water and that this and the development as a whole does not increase the risk of flooding elsewhere or run the risk of being flooded itself. In this respect the application contains a Flood Risk Assessment and there is no indication from the Drainage Authority that either drainage or flooding should be a reason for refusal in this case. 85. If the Inspector is minded to recommend that the application is permitted, consideration should be given to the following conditions: Page 17 i. The development hereby permitted shall commence before the expiration of four years from the date of this notice. ii. No residential development of this site may commence until such time as Colby AFC has established alternative playing and training facilities which are available for use. iii. This permission relates to the residential development and associated highway and drainage works shown in the following drawings: 2398.01.01A, 2398.01.02, 2398.01.06, 2398.03.01, 2398.03.02, 2398.03.03, 2398.03.04, 2398.03.05, 2398.03.06, 2398.03.07, 2398.03.08, 2398.0309, 2398.03.10, 2398.03.11 A, 2398.03.12, 2398.03.13, 2398.04.01, 2398_ADR_500, ADR_FRA, 10/221/TR/005 (contained within the Transport Assessment prepared by Bryan G. Hall). iv. The hydrobrake control device in manhole S1.4 must be fitted as soon as practicable after the surface water storage tank has been completed. NOTE: reason for condition - in order to ensure that the flows from the storage tank do not increase the possibility of flooding in the Colby River. v. The roofing on the dwellings on plots 1, 2, 3, 34 and 35 must be finished in natural slate or a slate-like material, a sample of which must be approved by the Planning Authority prior to the erection of any of these dwellings. vi. Further to condition 5 above, all other roofing must be finished in a slate grey coloured tiles. vii. 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. viii. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005, no street lighting may be erected without the prior approval of the Planning Authority. If street lighting is considered necessary, it must be designed so as to avoid illumination of the wooded area around the edge of the site. NOTE: reason for condition - lighting must be designed to avoid adverse impact on the habitat for bat feeding and foraging. Bats are protected under the provisions of the Wildlife Act 1990. This statement has been prepared on behalf of the Planning and Building Control Directorate by Miss Sarah Corlett BSc Hons, MRTPI ... Date... Page 19