17 November 2017 · Planning Committee
Field 320653, Main Road, Crosby, Isle Of Man, IM4 2ee
The proposal involves constructing seven terraced, two-storey affordable dwellings (three 3-bed and four 2-bed units) at the northern end of a site allocated for residential development, including associated infrastructure like a temporary Biodisc sewage system (to be replaced by mains connection), comprehensive landsc…
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The principle of seven dwellings in this position with access, landscaping and infrastructure was already established by outline approval PA 15/00775/A on mostly allocated residential land, so reserve…
General Policy 2
Requires development on zoned land to respect site/surroundings in siting/layout/scale/design/landscaping, protect character, wildlife/habitats/watercourses, retain topography/trees, provide amenity/access/parking, avoid road safety issues, ensure services, avoid flooding. Officer applied to reserved matters details, finding houses modest/appropriately set out, landscaping comprehensive, flood risk mitigated, ecology protected via conditions, access safe.
Environment Policy 7
Protects watercourses and aquatic habitat. Condition 4 enforces no disturbance to stream bed/margins during path/culvert works via method statement to protect fish, per DEFA advice.
Strategic Policy 4
In villages like Crosby, development maintains settlement character at scale for local housing needs, with boundaries in Area Plans. Site adjoins draft settlement boundary, passes Area Plan East preliminary screening.
Housing Policy 5
25% affordable housing in developments of 8+ dwellings on residential land. Seven units are affordable per legal agreement tied to outline.
Time limit
The development hereby approved must be commenced before 29th June, 2020. Reason: To comply with Article 14 of the Town and Country Planning (Development Procedure)(No2) Order 2013 and to avoid the accumulation of unimplemented approvals and also to accord with the approval in principle granted under 15/00775/A.
Temporary sewage removal
Once the development can be connected to the public sewage treatment works, it must be and the stand alone temporary works hereby approved including any associated pipework which then becomes redundant, must be removed from site and the ground made good within 6 months of the connection of the site to the public system. Reason: To remove any unwarranted structures or apparatus to enable the land to be used for its authorised purpose (currently open space).
Landscaping implementation and maintenance
Landscaping, (including mitigation tree planting) and post planting maintenance shall be carried out in accordance with drawing 1060/C200F, in the first planting and seeding season following completion or occupation of any part of the development, whichever is the sooner. Any trees or plants (including those retained as part of the development) which within a period of 5 years from the completion of the development are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation. Reason: To ensure that the landscaping which is an integral part of the development, is implemented and maintained. Note: For clarification, standard trees are 2.5 - 3m tall and extra heavy standards have a circumference of 14-16cm.
Stream protection method statement
There must be no disturbance to the bed or margins of the south eastern stream including disturbance due to in-channel works or entry to the watercourse by machinery and to ensure this, details of any proposed works to the north western bank profile of the stream running along the south eastern side of the site together with a construction method statement must be submitted to and approved in writing by the Department prior to the start of the construction of the path and the culvert and any embankment works: the method statement shall outline a suitable construction approach to reduce the possibility of disturbance of fish within the stream and the works must be carried out in accordance with these details and this statement all to avoid disturbance or injury to fish and protection of the aquatic and bankside habitat. Reason: To accord with Environment Policy 7 of the Strategic Plan and the Wildlife Act 1990.
Tree protective fencing
No development may commence until such times as protective fencing has been erected in positions approved by the Department to protect those existing trees which are to be retained, during construction. The approved fencing must be retained during the course of construction. Reason: To ensure that the landscaping is effected in accordance with the approved plans and in the interests of the amenities of the area.
Parking provision
Prior to the occupation of any dwelling the garage, car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter. Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.
Construction hours
No construction work may be undertaken on the site other than between 0800 and 1900hrs Monday to Saturday inclusive. Reason: To ensure that the living conditions of those living near the site are not adversely affected.
Pipework tree protection method statement
Prior to the installation of any pipework between the proposed commercial unit and the A1/Church Road, the applicant must have approved by the Department, a method statement demonstrating how the pipework will be installed without interfering with the roots of existing trees. Reason: The pipework is shown to pass very close to where there are tree roots of trees to be retained and as such, a condition should be imposed if the application is approved, to seek the details of how this pipework will be installed without harming the roots of these trees.
revised plans comply with reserved matters; acceptable subject to conditions on access construction and parking provision
site can be satisfactorily drained subject to DEFA licences; no adoption of temporary works until mains connection; no flood risk concerns
happy to discount bat lighting issues; montbretia (Schedule 8) to be dealt with pre-commencement; content with pipe installation condition
no stream bed disturbance; condition for construction method statement for path/culvert/embankment works
landscaping details sufficient; most concerns addressed; condition for implementation and 5-year maintenance
Manx Utilities has no objection subject to conditions on sewage treatment plant maintenance; Marown Parish Commissioners strongly object on multiple grounds including prematurity, drainage, traffic, and policy non-compliance; DEFA Biodiversity, Fisheries, and Arboricultural Offic…
Key concern: application premature pending Eastern Area Plan public inquiry
Manx Utilities Authority
Conditional No ObjectionManx Utilities Authority has assessed the above planning applications and would like to advise you that the Authority has no objection subject to the following condition/s
Conditions requested: detailed operation and maintenance programme is submitted for consideration by the Planning Committee and the Department of Environment, Food & Agriculture's Environmental Health Division
Marown Parish Commissioners
ObjectionThe Commissioners submit that the Planning Committee must refuse the Application; The Application is therefore incomplete and inadequate and should... have been rejected
Conditions requested: care and maintenance of open space areas via management company in perpetuity; street-lighting scheme with Crosby burning regime via management company in perpetuity; Applicant responsible for biodisc system maintenance via management company; construction hours no earlier than 0800 no later than 1900 Mon-Fri, possible Sat with later start and lunch finish, no Sun or holidays
DEFA Arboricultural Officer
Conditional No ObjectionI recommend that this information is requested before the application is considered further
Conditions requested: planting plan demonstrating observance of British Standard 8545:2014; programme of maintenance and aftercare for new tree planting
DEFA Senior Biodiversity Officer
Conditional No ObjectionCan a condition be applied to restrict the size of the ditch to that proposed?; recommend that both of these routes be subject to a condition requiring that a final route be agreed prior to works
Conditions requested: condition to restrict ditch size to 300mm across and 450mm deep; final route for ditch and sewer link agreed prior to works to avoid affecting protected species
DEFA Inland Fisheries
Conditional No ObjectionPrecautions will be needed to reduce the possibility of harmful materials such as concrete or sediment entering the stream during these works
Conditions requested: no disturbance of bed or margins of stream including in-channel works or machinery entry; construction method statement submitted and approved prior to path, culvert, embankment works to reduce fish disturbance
The original application 16/01131/REM sought reserved matters approval for design, appearance, layout, drainage, landscaping etc. for seven affordable dwellings on part of Field 320653, Crosby, following outline approval 15/00775/A granted on appeal in 2016. The Department approved it, prompting an appeal by Marown Parish Commissioners challenging layout, design, prematurity, flooding, and sewage. The inspector found all matters including siting already approved in the outline permission, accepted the submitted details including flood risk assessment and drainage, rejected prematurity arguments, and recommended dismissal. The Minister accepted the recommendation on 8 March 2018, upholding approval with conditions including tree protection, landscaping maintenance, and sewage connection requirements.
Precedent Value
Reserved matters appeals cannot challenge outline approvals on principle, siting or prematurity; applicants should provide robust technical evidence on conditioned matters like FRA/drainage, while objectors need independent expert rebuttal to succeed.
Inspector: Michael Hurley
