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                                      19/00137/B                                     Page  1  of  38

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 19/00137/B Applicant : Dandara Homes Limited Proposal : Residential development comprised of 282 dwellings, associated highway and drainage infrastructure and public open space, and the construction of a new by-pass road between Douglas Road and the rear of Railway Terrace to include a new roundabout on Douglas Road and a bridge over the IOM Steam Railway line Site Address : Fields 434764, 434116, 432719, 432607, 432608, 434113, 434114, 434115, 434089, 434090, And 434091 Douglas Road Ballasalla Isle Of Man

Principal Planner: Miss S E Corlett Photo Taken : 21.05.2019 Site Visit : 21.05.2019 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Approve subject to Legal Agreement Date of Recommendation: 14.06.2019 __

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. The phasing of the development must be carried out in accordance with that shown on drawings 03.01A, 02.03C, 02.04C, 06.03A and 06.04A with construction of the phase 1 part of the new by-pass road including the new roundabout on the A5 to be commenced no later than the completion of the 75th dwelling within Phase 1 of the development hereby approved. No dwellings shall be constructed within Phase 2 of the development prior to the completion of the 90th dwelling in Phase 1 and until the by-pass road has been completed with a surface course up to the entrance of phase 2 as shown in the approved plans. No dwelling within Phase 2 shall be occupied until the by-pass road has been completed with a surface course up to the site boundary at the rear of Railway Terrace.

Reason: To ensure the delivery of the by-pass road.

C 3. Prior to the occupation of any dwelling on the site, additional details of all trees to be planted in accordance with approved drawings 02.03 and 02.04, including their quantity/density and location, species and nursery specification, the planting specification, a timetable for implementation and a schedule of maintenance, shall be submitted to and

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approved by the Department. The planting shall be carried out in accordance with details provided. Any planted trees that are removed, die or become, in the opinion of the Department, seriously damaged or defective within five years of planting shall be replaced with specimens of a similar size and species as originally required, unless the Department gives written consent to any variation.

Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs as the landscaping of the site is an integral part of the scheme and must be implemented as approved.

C 4. No development shall take place, including any works of demolition, until a construction management plan or construction method statement has been submitted to and been approved in writing by the Department. The approved plan/statement shall be adhered to throughout the construction period. The statement shall provide for: parking of vehicles of site operatives and visitors; routes for construction traffic; hours of operation; method of prevention of mud being carried onto highway; pedestrian and cyclist protection; proposed temporary traffic restrictions and arrangements for the turning of vehicles.

Reason: In the interests of safe operation of the highway.

C 5. No part of the Phase 1 development hereby approved shall be occupied until the bus stands become available for use.

Reason: To ensure an adequate and satisfactory sustainable transport provision, having regard to the IoM Strategic Plan.

C 6. No part of the Phase 1 development hereby approved shall be occupied until the first 12 metres of the access on to the A5, measured from the edge of the carriageway, has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.

REASON: In the interests of highway safety.

C 7. No part of the Phase 2 development hereby approved shall be occupied until the first 12 metres of the access on to the by-pass road, measured from the edge of the carriageway, has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.

REASON: In the interests of highway safety.

C 8. The estate roads, including footpaths, cycle paths and turning spaces, shall be constructed so as to ensure that, before it is occupied, each dwelling has been provided with a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and existing highway.

REASON: To ensure that the development is served by an adequate means of access.

C 9. No part of the development hereby approved shall be occupied until the access, turning area and parking spaces for the relevant occupied dwelling have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter.

REASON: In the interests of highway safety.

C 10. The development hereby approved shall not be occupied until the 25m metres forward visibility envelope into the site from southwest bound lane of the A5 has been cleared of any

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obstruction to visibility at and above a height of 0.6 metres above the nearside carriageway level. That area shall be maintained free of obstruction at all times thereafter.

REASON: In the interests of highway safety.

C 11. No development shall commence on the phase 1 site until visibility splays have been provided between the edge of the carriageway and a line extending from a point 2.4 metres back from the edge of the A5 carriageway, measured along the centre line of the access, to the points on the edge of the carriageway 120 metres to the northeast and 120 metres to the southwest from the centre of the access in accordance with the approved plans. Such splays shall thereafter be permanently maintained free from obstruction to vision above a height of 1.05 above the level of the adjacent carriageway.

REASON: In the interests of highway safety.

C 12. No part of the development shall be occupied until a scheme for improving for pedestrian use, where necessary:

· the existing footway on the southeast side of the A5 between the new access and the junction of Ballabridson Park and · the section of Ballahick Lane between the A5 and the site

has been submitted to and approved in writing by the Department and such improved facilities shall have been provided in accordance with the approved details.

REASON: In pursuit of sustainable transport objectives.

C 13. No development may commence until hedgerow 7 has been protected through the erection of fencing on the development side of it, in accordance with details to be provided and which fencing must be retained throughout the construction process.

Reason: To protect the ecologically sensitive features on or near the site.

C 14. No development shall commence on site until a programme of archaeological work, to include excavations where required, has been submitted to and approved in writing by the Department. The programme shall indicate the degree of supervision by a qualified archaeologist. The development shall not be carried out unless in accordance with the programme of archaeological work so approved.

Reason: To ensure that archaeological remains and features are adequately recorded.

C 15. Prior to the commencement of any work including site clearance or soil stripping, a Precautionary Working Method Statement (PWMS) with Reasonable Avoidance Measures (RAMS) for lizards, frogs and breeding birds must be approved by the Department and the development undertaken in accordance with these details.

Reason: to ensure that the development complies with Environment Policy 4.

C 16. Prior to the commencement of work on the drainage attenuation area, a detailed planting scheme must be approved by the Department and the development undertaken with these details. Such planting should aim to enable the area to be used by the public but also to maximise where practicable, the opportunity for the creation of appropriate ecological habitat which would not be compromised by public access.

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

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C 17. Prior to the occupation of any dwellings, details of starling and house sparrow nest boxes to be installed as part of the development must be approved by the Department and the development undertaken in accordance with these details.

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

Plans/Drawings/Information;

This decision relates to the following drawings received on 12th February, 2019: ADR-504 ADR-505 M125 12-384-DE-100-005C 12/384/DE/100/001C 12/384/DE/100/002C 12/384/DE/100/003C 12/384/DE/100/004C 13.01 14.01 14.02 14.03 14.05 14.06 14.07 14.08 15.01 15.02 15.03 15.04 15.05 15.06 15.07 15.08 15.09 15.10 15.11 15.12 15.13 15.14 15.15 21.01 2333/E/02/P0 2333/E/01/P0

and these received on 31st May, 2019

02.02A 02.03C 02.04C 02.05A 02.08A 02.10A 02.11A 03.01A 06.03A 06.04A

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07.01A 07.02A 07.03A 09.01A 09.02A 09.03 10.01A 10.02A 14.04A 15.16A 15.17

ADR-500A ADR-501A ADR-502A 2333 ADR-503A.

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Interested Person Status - Additional Persons

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):

7, Ballabridson Park and Eaylee Cottage 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 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):

9, Balthane Square, Glebe Cottage and 5, Abbots Close 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.

It was determined that the following organisations 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):

Manx National Heritage, Manx Utilities and Manx Wildlife Trust 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 Department's Operational Policy on Interested Person Status (July 2018).

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Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE APPLICATION NECESSITATES BOTH AN ENVIRONMENTAL IMPACT ASSESSMENT AND AN AGREEMENT TO

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SECURE THE LANDSCAPING AND AFFORDABLE HOUSING UNDER SECTION 13 OF THE TOWN AND COUNTRY PLANNING ACT 1999

The Planning Committee considered the application at its meeting of 24th June, 2019 and a decision was deferred pending the resolution of outstanding matters raised by DEFA Biodiversity Officer and for some members to make a site visit. Further information has been provided and additional conditions 15, 16 and 17 have been recommended to address the outstanding ecological issues. The report remains the same as originally recommended other than in respect of paragraphs 5.6, 6.9.2 and 7.1 which have been amended. The Section 13 details as reported to the members are included at paragraph 8.1.

THE SITE 1.1 The site is an area of open farmland which lies to the south of the A5 Douglas to Castletown Road, immediately to the south of the railway line as it passes Ballabridson Park, Homefield Park and The Paddocks and at its south western end, to the west of Railway Terrace, Athol Garage and to the north of relatively new industrial units within Balthane Industrial estate. In the centre of the site is Parkfield, a residential dwelling which is not included in the development site. The site also includes a small part of two fields on the northern side of the A5 at the north eastern corner of the site. To the south is Ballahick Farm.

1.2 The site is around 17 hectares in area and generally slopes downhill from the A5 towards Balthane. From the A5 views of the site are partially screened by the existing hawthorn hedge which runs at the rear of the footway on the southern side of the highway. The first 40m or so of the A5 within the site from the Douglas direction is not subject to any speed restriction: the road is then subject to a 40 mph limit, dropping to 30 mph just before the entrance to Ballabridson Park.

1.3 Whilst the applicant owns additional land immediately adjacent to the site, the application proposes development on only that part adjacent to the A5 and running alongside 4-12, Ballabridson Park, Suwannee, Thie Magher and 2, Homefield Park and with 1 and 2, Ballahick Cottages and Crosh Yvor on the same side of the railway line as the application site. The Ballabridson Park and Homefield Park properties are truly single storey or taller bungalows with dormer accommodation.

1.4 Other than formal and informal field accesses from the A5, there is currently only one means of vehicular access into the site, that being Ballahick Lane which runs between Crosh Yvor and 1 and 2 Ballahick Cottages then joins the A5, passing 14 and 15, Ballabridson Park and Suwanee with The White House and The Cottage on either side of the junction with the main road. Ballahick Lane is a public footpath.

THE PROPOSAL 2.1.1 Proposed is a residential development of 282 dwellings with associated drainage, public open space and landscaping. The development incorporates a new road which bypasses the centre of Ballasalla (the junction of the A5 and A7 highways at the Whitestone public house). This links to the A5 at the northern end of the site at a point between Glashen Close and the entrance to Glashen Farm and in the form of a roundabout which incorporates land on the other side of the A5 which is included in the site.

2.1.2 The development is proposed on only part of an overall area which is designated for development in the Area Plan for the South but in accordance with the development brief for that area, the application also includes an illustration of how the remaining area could be developed although the details of that third phase are not proposed in the current application. The first two phases which are included, are exclusively for residential development whereas the later phase will include a mix of uses with predominantly residential and any required community uses on the northern side of the railway line and industrial as a continuation of Balthane, to the south. The first phase will include 135 houses, the second 147. The first phase

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will include the embankment and bypass all the way to the rear of Railway Terrace and the drainage

2.1.3 The development proposed now includes the full extent of the by-pass road to a point where the applicant's land ownership ends - behind Railway Terrace. The applicant confirms what is said in the Area Plan that it will be the responsibility of Government to obtain the land at Balthane Corner which will be necessary to complete the by-pass route.

2.1.4 The EIA considers a "do nothing" option which would result in no environmental impact. However, this would also fail to deliver the housing supply which the Strategic Plan identifies as being required for the Island until 2026. They do not consider any alternative sites to achieve this delivery as the Area Plan for the South clearly identifies this as being suitable for development.

Access 2.2.1 Access to the site will be via a new roundabout on the A5 leading to a new Urban Primary Distributor Road through the site and continuing to the rear of Railway Cottages and with a single point of access to the new development which will serve the dwellings and public open space in Phase 2. Phase 1 will be served by a new access off the A5. Parkfield will be linked to the estate road network in Phase 2 and Ballahick Farm buildings which lie to the south east of the proposed by-pass, will link to the new by-pass. The properties which currently have access via Ballahick Farm lane - Crosh Yvor, 1 and 2, Ballahick Cottages and The Cottage will all retain their access onto this private road and the new houses will not have access to this.

2.2.2 The proposed access road will, in time, form a bypass of the village and with the other end will join Balthane Road to the A5. However, the junction with the Balthane Road will be the subject of a separate application and is to be delivered by the land owners in that instance, understood to be, or will ultimately be the Department of Infrastructure. The proposed by-pass has been designed to take account of its alignment, the topography of the land, the railway crossing and current and future levels of traffic on the existing highway network. The position of the roundabout junction with the A5 is slightly further from the village centre than is shown in the Area Plan but it takes into account the requirements of the UK document, Design Manual for Roads and Bridges (DMRB) and is acceptable in terms of forward visibility and carriageway gradients. The proposed bridge crossing of the railway was discussed with Isle of Man Public Transport before the application was submitted and the form of rail crossing was agreed on the grounds of safety, as being a bridge rather than a level crossing.

2.2.3 Whilst the roundabout includes land which is not designated for development, the applicant suggests that this does not compromise the objectives of the Development Plan and will facilitate development in accordance with the provisions of the relevant Area Plan. They explain that cycle and walking routes are constrained by the railway line but routes will be available using Ballahick Lane and there will be a combined pedestrian and cycle route leading to a shared surface through the site, accessed from the new roundabout so that pedestrians and cyclists do not have to use the new bypass other than to cross the railway bridge where paths rise up on both sides with appropriate gradients.

2.2.4 The major flow of traffic into Ballasalla is on the A5 between Glashen Hill and Balthane Road with an additional demand for travel between Bridge Road and Glashen Hill. It is calculated that the A5 operates at 53% of its capacity in the morning peak and 50% in the evening peak hour. The calculated traffic capacity indicates that there are adequate gaps in traffic flows into which vehicular additions from side roads and accesses, such as those from the proposed development, can join and leave the A5 and pedestrians can cross the carriageway. The assessment also shows that the proposed development which accesses directly onto the A5 can be accommodated on the existing network without detriment to the safety or convenience of users. The transport statement assumes that traffic which is travelling from Glashen Hill to Balthane Road/A5 will divert from the A5 onto the new bypass to reach

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Balthane Road and all other traffic will continue to use the A5 and it is anticipated that the proposed by-pass will have sufficient capacity to consistently accommodated the volume of traffic anticipated to use it with predicted peak use being approximately half of the available capacity, less off peak.

2.2.5 The Transport Assessment assumes that a number of the future residents will travel to and from the proposed development site on foot or bicycle given the network of footways and cycleways available between the site and the surrounding area. They note that the site is also close to existing public transport systems. They suggest that all of the facilities and services in Ballasalla are within a walking distance of 1.2km of the site and a Travel Plan has been established for the proposed development. The Assessment records the existing traffic levels on Glashen Hill being 1,460 vehicles in the morning peak hour and 1,377 between 1700 - 1800hrs. 4% and 1% of these levels were HGVs. It considers the accident data relating to the local network and concludes that there is no significant highway safety issue within the study area. They note that bus services 1/11/12/12A, 1H, 2/2A, 4C and 8 travel along Douglas Road in both directions at a frequency of 6 per hour weekdays with bus stops situated on both sides of the A5 outside the site frontage.

2.2.6 DMRB recommends that new junction layouts should be consistent with existing ones so as not to cause confusion to users and thus, detriment to road safety. The recommendation in the APS is that the by pass should be designed as an Urban Primary Distributor Road and as such its design speed should be 70kph (43mph) and be fronted by development of an urban nature so that its users are aware that they are in an urban area and travelling at lower speeds so as to provide more safe conditions.

2.2.7 Whilst the Area Plan prescribes the crossing of the railway to be at level, there are no reasons for this. In order to accord with the general line of the route set out in the APS and to be contained within land owned by the applicant (and designated for development), it would not be possible to design a by-pass with a level crossing and to accord with recognised road safety guidance. A priority ghost island junction of the by-pass with the A5 was not considered acceptable to Highway Services as it would not have adequate carrying capacity and would not provide adequately for the future traffic flows though the village or ensure residents a satisfactory living environment. In addition, the 6% gradient would be greater than ideal as heavier vehicles would have to stop, slow down or stop at the level crossing. The inclusion of a bridge crossing results in a less significant departure from the alignment of the by-pass shown in the APS and the embankments required to support the bridged crossing could help mitigate the impact of noise nuisance. In addition, officers of the then Heritage Railways Section of the Public Transport Division of DoI advised that level crossings present the highest single risk to the safety of pedestrians and vehicular traffic and should not be considered.

2.2.8 It confirms that the by-pass will be designed to safely accommodate pedestrians and cyclists as well as motor vehicles although the majority of the pedestrian and bicycle traffic is likely to be directed towards Ballasalla and will not have a need to travel along the full length of the by-pass. The Active Travel Strategy aims to make the use of the quieter/lower vehicle speed environment with a greater sense of place and the pedestrian/cyclist routes within the three phases of development and link them across the railway line at the bridge through the provision of ramped accesses linking into the first two phases of residential development. It aims to create a more attractive and pleasant environment for pedestrians and cyclists within the development will encourage a greater number of people to walk and cycle and will provide a safe and continuous network that is well overlooked and connects to the wider network of Ballasalla in accordance with Manual for Manx Roads (MfMR). A signage strategy will make it easier for pedestrians and cyclists to navigate to key destinations locally and further afield. At the roundabout a shared footway/cycleway will be provided around it which will connect into the first phase of development at the north eastern corner of the site to prevent pedestrians and cyclists having to travel along the by-pass.

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2.2.9 The by-pass will be a 7.3m wide single carriageway road. The internal roadways will take the form of a mix of residential streets and shared surfaces. These have been designed to achieve a target traffic speed of 20mph and 15mph for the shared surfaces.

2.2.10 The Travel Plan aims to reduce the number of single occupancy vehicle movements to and from the site, promoting sustainable modes of travel to and from the development. A Travel Plan Coordinator will be appointed by the applicant prior to the properties being marketed and the relevant information will be included in any sales information. An initial residents' travel survey will be undertaken upon full occupation of the development to establish a baseline travel pattern. The travel pack provided to residents will identify pedestrian routes, publicity on the health benefits of walking and cycling, public transport information, details of local and national sustainable travel initiatives and contact details for the Travel Plan Coordinator. The TPC will inform residents of the car share website for the Island, will promote the advantages of internet use and home delivery services can provide and the development will include attractive, safe and convenient pedestrian access to the site on foot. Thereafter, the TPC will undertake annual travel surveys and will update the Travel Plan accordingly.

2.2.11 The Transport Assessment concludes that vehicular and non-vehicular access to the application proposes accord with the policies of both the IOM Strategic Plan 2016 and the Area Plan for the South and hence the trips which they are likely to generate can be accommodated on the local highway network without detriment to the safety or convenience of its users. DoI will implement a traffic management and environmental improvement scheme following completion of the by-pass so as to remove unnecessary vehicle movements and improve the quality of the village centre for both residents and pedestrians.

Drainage 2.3.1 This formed the subject of discussions with Manx Utilities prior to the submission of the application, including all of the proposed development area although only that relating to phases 1 and 2 are proposed in detail.

2.3.2 The Glashen Stream passes through the site and will partly remain open but in places will be built over by new roadways. A part will be re-routed to remove an existing dogleg which will allow better use of the Public Open Space. They confirm that construction will be managed to avoid pollution of the stream.

2.3.3 The amount of water to be attenuated is sufficient to result in a recommendation for an attenuation pond or meadow to contain the amount of surface water which is required to be controlled to result in a discharge to the river equivalent to greenfield runoff. This should be located at the lowest point on the site so that the system can operate by gravity. The meadow is usually empty and only stores water during storm events: the pond holds a permanent body of water with temporary storage volumes provided in storm events. Due to the proximity of the Airport it was resolved to avoid having a permanent body of water which may attract birds which could be a hazard to aircraft. In addition to the meadow, the development will incorporate oversized surface water sewers. The meadow will serve both phases of the development as proposed as well as Balthane Park which can be linked in.

2.3.4 The meadow will have a depth of 1.35m, an area of 30m by 15m and side slopes of 1:3 and a maximum water depth of 0.8m for a 1:50 year storm event. The meadow will have a vortex control at the outlet which will attenuate discharge into the watercourse at greenfield runoff rate. The meadow would also have a drawdown mechanism to allow it to be drained in an emergency. This is capable of being used as a public open space as it will only operate during storm events. Vehicular access and maintenance would be via the layby adjacent to the new foul sewer pumping station. MU usually require attenuation meadows to be owned and maintained by local authorities are part of the public open space for developments.

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2.3.5 The culvert required to accommodate the watercourse beneath the bypass will incorporate a mammal ledge to allow access through it by wildlife.

2.3.6 The existing foul system is not capable of satisfactorily accommodating additional load. As such, a new adoptable wastewater pumping station is required at the eastern end of the site. The pumping station will be located south of the by-pass adjacent to the attenuation meadow at the lowest point of the catchment allowing all foul water to drain by gravity to it. The pumping station will then pump wastewater via a rising main westward to the IRIS pumping station which is the only viable connecting point to the public foul system. The new pumping station will be very close to the existing one serving Balthane Park and the opportunity is being taken to link the two. To ensure wastewater flooding does not occur at or upstream of the pumping station during power failure, additional storage will be provided above the high level alarm and below the invert of the lowest connected lateral drain. The additional storage would be available through an online storage tank and some above the high level alarm in the pumping station wet well with a small amount within the pipework and manholes upstream of the pumping station.

Landscaping 2.4.1 The applicant explains that internal hedgerows are not to be retained as their experience shows that once constructed, house owners inevitably remove them in a piecemeal fashion in order to make best use of their gardens and reduce the risk of vermin and in any case, their visual value is lost once dwellings are built around them. They suggest that new planting will be introduced within the gardens and along the bypass embankment and quantitatively exceed those to be lost.

Public Open Space 2.5.1 The applicant calculates the need for 13,950 sq m of formal open space, 4,650 sq m of children's space and 6,200 sq m of amenity space and will provide 9,610 sq m, 4,808 sq m and 20, 415 sq m respectively with opportunities for commuted sums for additional contributions. They confirm that all public open space will be offered to local authorities for adoption. The formal open space has been designed and located so as to be accessible and safe and suitable to be used for most of the sports identified in the Fields in Trust guidance - mini and adult soccer, rugby, hockey, lacrosse, tennis and bowling - other than athletics and cricket. This amount does not include an additional area to the south of the bypass route to the west of Ballahick Lane - 4222 sq m (equivalent to mini soccer, mini hockey, bowling or several tennis courts sized facilities) which will be available for recreational use, created as part of the first phase of development, only being required to serve as a surface water attenuation area during extreme and infrequent rain events when the demand for outdoor recreation space would be low.

Affordable housing 2.6.1 Affordable housing will be partly provided on site in the form of 20 units within phases 1 and 2 - 3 bed units at the request of the Department of Infrastructure Housing Division, with the balance to be provided in the form of a commuted sum which represents 50.5 units equivalent each to £23,500.

Environmental impacts 2.7.1 The Environmental Impact Assessment considers transport, archaeology, ground conditions, flood risk, visual impact, ecology and biodiversity and noise. It does not considered any impact on air quality as it is not anticipated that the development will have a significant impact on the concentrations of the specific pollutants that had been monitored previously in accordance with the Isle of Man Air Quality Standard,

2.8 Archaeology and building conservation

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2.8.1 The applicant confirms that they have liaised with Manx National Heritage and has prepared a geophysical survey of the site and the results are included in the Environmental Statement.

2.8.2 The applicant has undertaken a desk top archaeological assessment and walk over survey to evaluate the archaeological baseline for the site, undertaken by University of Liverpool Centre for Manx Studies and conform to the standards of the Institute of Field Archaeologists and of Manx National Heritage's requirements in terms of their scope.

2.8.3 135 archaeological sites were identified within the site area and the EIA concludes that there is a high potential for archaeological remains to be uncovered and 6 directly impacted by the proposed development. Given the archaeological sites in the general area, it is considered highly likely that the potential for archaeological remains from any period to be uncovered during development works is high with the likelihood of uncovering prehistoric remains being particularly high despite little or no surface indication. As such, a complete geophysical survey of the site is recommended and additional means of evaluation including field walking of ploughed ground and test pitting may also be required. They refer to the transmitting station for the Ronaldsway regional Control Centre which is located within the development area site (thought to be within Parkfield, so not subject to the proposed development) which should not be affected but if it were, it should be recorded before any alterations or demolition takes place, along with the Ballahick Lime Kiln which appears to be outwith the site but there could be archaeological remains associated with it which may be affected by the development work. This area should be treated sensitively and the results of the geophysical survey should be checked to see if any evidence of activity relating to the lime kiln is likely to have survived and a watching brief for any trenching or construction work here is recommended along with any other results from the geophysical survey.

2.8.4 Although not related to archaeology, they recommend that as the railway as it leaves Ballasalla is currently dominated by green fields and countryside, any development should consider the visual impact on the railway line.

2.8.5 A geophysical survey was undertaken in April, 2018 on a field by field basis using geomagnetic technology in accordance with a Written Scheme of Investigation (WSI) approved by Manx National Heritage. This revealed a number of potential archaeological features as well as agricultural and topographic features including previously unknown archaeological features including soil-filled ditches and curvilinear features whose nature is uncertain. The nature and date of these features could be determined through the excavation of a number of targeted trial trenches as recommended in the archaeological desk-based assessment.

2.9 Energy Efficiency 2.9.1 In terms of energy efficiency the applicant explains how the properties will be built to include a range of thermally efficient elements and would make solar thermal water heating available or the properties built to be ready for such facilities, at an extra cost. They do not consider the provision of cycle storage, home working space, water reduction facilities and grey water technology or recycling facilities to be applicable to the scheme although some of these will be available without specific inclusion (such as cycle storage within any included garage) or could be provided by the house owner without the need for planning approval (solar panels, recycling bins, water butts and the use of a bedroom or spare room as a home office).

2.10 Design and visual impact 2.10.1 The applicant explains that they have tried to reduce the impact on existing residential property by locating single storey dwellings next to existing single storey properties and to retain the existing hedgerows along the external boundaries of the site or where they need to be relocated, they will be reconstructed.

2.10.2 They explain that the layout has been designed to provide views of the railway.

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2.10.3 They have attempted to provide a building line to Douglas Road where houses have their front elevations facing this highway albeit separated from it by the existing roadside hedge and an internal roadway.

2.10.4 The houses will be taken from a range which includes two and three bedroomed houses and bungalows in detached, semi-detached and terraced form. The applicants suggest that this should lead to a good mix of residents within the development.

2.10.5 The development will incorporate a palette of dark grey roofs, predominantly white painted rendered walls with areas of stonework and white coloured grained textured window frames. These house types are similar, if not identical to those which are already built or being constructed in Peel off Poortown/Derby Road.

2.10.6 A Visual Impact Assessment has been undertaken in accordance with the Guidelines for Landscape and Visual Impact Assessment (2013). It considers the impact on residents, users of recreational paths and works and the visual amenity experienced by these people. They describe the rising topography north west of the site indicates that the long distance views towards the proposed development may be available to receptors in this area of countryside beyond Ballasalla and Silverdale Glen. Adverse impacts would be limited in terms of people using the A5 to where there are open views of the site through gaps in retained hedgerows. The effect on the public right of way which runs through the site (Ballahick Lane) is described as moderate adverse but the Assessment notes that this access will become integrated into the green landscaping proposed in the development. Otherwise, there would be negligible adverse impacts on the areas of public access in the surrounding area and these are generally restricted to long distant views from land near South Barrule.

2.10.7 The Assessment identifies significant visual effects upon residential properties located adjacent to the development and these would occur during all phases of the development. The inclusion of landscaping will reduce this. The railway will also experience significant visual effects as a recreational facility. However, it considers that the creation of the bridge will create a gateway into and out of Ballasalla and a strong edge to the settlement resulting in a beneficial effect in terms of the approach to the station. The conclusion is that there would be significant visual effects across all of the phases of the development of this area for those receptors in close proximity to the site although views from the wider landscape would not exceed slight adverse effects where the receptors are of high sensitivity. The proposed mitigation planting would serve to provide screening for the proposed development and once the proposed planting is established a definitive green edge to the wider landscape will be created which will contain the built form of Ballasalla in this area.

2.10.18 The Visual Impact Assessment (VIA) identifies visual impacts for sections of the A5, A26 (Crossag Road), B40 (Ballamaddrell/Grenaby Road), Orrisdale Road and Railway Terrace. They describe the impact on the A5, through gaps in the roadside boundary, as substantial adverse but where the roadside boundary treatment screens this view this would be nil, slight- moderate adverse. Views of phases 2 and 3 would be screened by phase 1 so would be negligible adverse. The impact from the locations further afield will be mitigated by the distance between them, resulting in negligible adverse and at worse, slight adverse.

2.10.19 The VIA also looks at the visual impact as experienced from public rights of way, particularly PRoW 268 (Douglas Road to Balthane) and PRoW 326 (Glen Grenaugh to Santon Gorge). It describes the construction of phase 1 as having a very substantial adverse level of visual effect on the former but once the development is complete, this would reduce to moderate-substantial adverse visual effect. Phase 2 will have a reduced effect - moderate- substantial adverse effect, reducing still to moderate once the development is complete and the footpath is incorporated into the green infrastructure of the development. Phase 3 would have a reduced effect still, being screened by phase 2.

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2.10.20 Further south on this PRoW, the development will be visible on the opposite side of a shallow valley and from where the eastern extent of phase 1 including the embankment would largely be screened by existing vegetation adjacent to Ballahick Farm. This effect would be moderate adverse remaining at moderate after completion.

2.10.21 The impact from the junction of the footpath with Balthane Road will be affected in terms of more distant views with a moderate adverse level of effect during and after construction. Existing landform will better screen the later phases resulting in a slight and negligible adverse effect during and after construction.

2.10.22 PRoW 326 and the remaining rights of way in the area are afforded only distant views of the site with landform and vegetation helping to screen the site from these viewpoints. The impact from here will be negligible adverse.

2.10.23 The impact on residential properties is more immediate. The impact on ground floor living space is considered to be highly sensitive with accommodation on the upper floors of medium sensitivity. The impact from phase 1 on the properties in Glashen Close, across the A5 from the site are considered to be moderate adverse before and after construction with no impact from the subsequent phases as they will not be seen from there.

2.10.24 The impact on the properties in Ballabridson are described as generally restricted to ground floor. The effect on east facing properties (4-8) are limited due to boundary hedgerow with a moderate adverse effect before and after construction. These properties would overlook phase 1 where the closest properties would be truly single storey (Holly and Hawthorn).

2.10.25 South facing properties within Ballabridson would be adjacent to phase 2 of the development across a low boundary hedge and this impact would be higher - substantial to very substantial adverse. The closest properties here will be truly single storey until immediately south of Hyston, where there are two detached two storey Maple types. Post completion the effect will remain at substantial adverse.

2.10.26 In respect of the effect on the single storey properties in Homefield Park, the impact will be limited to ground floor and where views towards the development would be generally across a variety of low boundary treatments with mature trees and the railway line. The impact from phase 1 would be slight adverse due to the distance and intervening features between them, but the impact from phase 2, which is closer and comprises single storey properties (Hollies and Hawthorns) with two storey properties - two Beeches and a Maple immediately to the rear of Ballahick Cottages, 25m from the buildings themselves, would be very substantial adverse where the proposed buildings are directly south of the existing. This will continue with phase 3.

2.10.27 The impact on properties in The Paddocks from phases 1 and 2 is limited by existing vegetation, resulting in a slight adverse impact. Phase 3 will bring more direct impacts of a moderate-substantial adverse impact reducing to moderate adverse with a low magnitude.

2.10.28 The impact from phase 2 on the three properties south of the railway line - Ballajick Cottages and Crosh Yvor is described as very substantial adverse with a high magnitude reducing to substantial adverse once completion is achieved. Similarly, the impact on Parkfield would be very substantial adverse reducing to substantial adverse on completion.

2.10.29 Properties on the Orrisdale Road would be affected, particularly those which have been designed to benefit from views in the direction of the development site, albeit at a distance of over 1km.

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2.10.30 Views from the railway line which operates a service between March and November are discussed both in terms of views from the station platform and from the railway itself. From the former, the impact will increase from slight adverse with phase 1 through moderate substantial adverse in phase 2 and very substantial adverse in phase 3. Users of the railway when on board would have a new gateway approach to the village with the bridge crossing and a very substantial adverse effect reducing to substantial adverse effect on completion. This applies also to phase 2 but with a reduced effect from phase 3 (substantial adverse reducing to moderate adverse).

2.11 Flood risk 2.11.1 There are no known surface water sewers within the application site and rainwater will either infiltrate the ground or flow as surface water into the Ronaldsburn directly or via land drains. As part of the development, the Ronaldsburn watercourse will be diverted to avoid a new surface water attenuation meadow and culverted under the Phase 2 estate road and by- pass. The watercourse currently flows through the site in a southern direction via an open channel prior to flowing eastward through a small culvert. It then flows through an open channel turning south and leaving the site via a large culvert beneath a farm track. Several drainage ditches drain surface water from the site to the Ronaldsburn and the steam railway line also drains into it. It has previously been proposed to mitigate localised flooding potential near Oatfield Rise, outwith the site, by providing a flood relief culvert which includes Ballahick Lane and if this is desirable, it should be included in Phase 1 of the proposed development. Any development of Crossag Farm will require on site attenuation before any of the water therefrom reaches the watercourses within the development site.

2.11.2 They describe 60% of the catchment of the Ronaldsburn is agricultural land: the underlying ground is limestone with subordinate sandstone and argillaceous rocks: the catchment is comprised of poorly retentive soils and it received an annual average rainfall of 907mm. A gravity fed foul sewer crosses the site near the northern boundary and this currently occasionally surcharges and floods. It has been recommended by Manx Utilities that no further connections are made to this system. The current surface water runoff drains into the Ronaldsburn either directly or via drainage ditches. The presence of these features within the site confirm that the subsoil is relatively impermeable and that once the grassed topsoil is saturated overland flow will occur and will develop more rapidly over steeper parts of the catchment.

2.11.3 Historical records suggest that previous flooding of the Ronaldsburn has mainly affected downstream areas near the Airport: there is no record of the site itself flooding and flood risk from the watercourse is considered to be low. The site covers approximately 53% of the catchment area for the Ronaldsburn and the development will cause an increase in surface water flow rates and volumes. The development could therefore increase the risk of flooding in other areas. As such, a strategy has been devised which controls the rate of discharge into the watercourse. A piped surface water system will intercept surface water runoff from the development and discharge by gravity to the proposed attenuation meadow which will allow for this runoff to be returned to the watercourse in a sustainable manner at the southern point of the site.

2.11.14 Flooding may currently occur at the entrance to a small, shallow culvert beneath a farm track at the point where the watercourse flows eastward but the proposed diversion of the watercourse to avoid the attenuation meadow will result in this culvert being redundant, overcoming this issue.

2.11.14 Ground conditions have been investigated through four boreholes being sunk to a depth of 10m below ground level, logs maintained along with sampling and testing and mechanical excavation of 20 trial pits to depths of 2.7m below ground level. This revealed that the concrete to be used in the construction of the by-pass that is in contact with the ground will need to be of a particular compositional requirement.

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2.12 Ecology and biodiversity 2.12.1 The application contains a Preliminary Ecological Appraisal based upon a desk study and a Phase 1 Habitat Survey of the site. The desk study incorporates consideration of an area up to 5km radius of the site. The Phase 1 Habitat Survey complies with the JNCC Handbook for Phase 1 Habitat Survey - a technique for environmental audit (2010).

2.12.2 The Assessment notes three designated ecological sites within 2km of the site, the nearest being Santon Gorge and Port Solderick ASSI which is over 1km away. The survey reveals that a number of bird species were recorded during the site survey most of which were common species although a peregrine falcon was observed soaring high above the site and this is a species listed on Schedule 1 of the Wildlife Act 1990. Hedgerows, bats, common lizard, common frog, breeding birds and nesting birds. Frog, bird, bat and hedgerow surveys were carried out and did not report any significant issues in relation to the potential impact of the development on ecological receptors.

2.12.3 The PEA suggests that in the absence of a Masterplan, they are limited in their ability to recommend ecological enhancements and suggest that incorporating ponds and terrestrial features suitable for common frog and common lizard and new Manx banks and green spaces into the development plans would be beneficial as well as the provision of nest boxes. They conclude that by adopting appropriate mitigation and enhancement measures and additional survey/assessment, the ecological receptors identified in this report would not be adversely affected by the development however further information regarding the master plan for development and ecological surveys are required to fully determine this.

2.12.4 They confirm that the development will not have any ecological impact on the ASSIs at Santon Gorge, Rosehill and Langness, that the habitat recorded is common and of negligible ecological value. They note that parts of the site have potential to support common frog and they identify the existing hedge banks, intact hedges (hawthorn, bramble, elderberry, blackthorn and wild rose), defunct hedges and sod hedges within the site which is habitat of importance and whose alteration would significantly affect the conservation status of this habitat.

2.12.5 There are records of bats within 2km of the site but none within the site itself although there is potential habitat for foraging which provide connectivity to the surrounding areas. The site offers potential for frog, lizard and birds (nesting, foraging) but no birds of particular interest or under protection. They recommend that a full hedgerow survey is undertaken throughout the site including the hedge banks and Manx sod hedges ideally between June and July

2.13 Noise 2.13.1 Noise from the A5, the remainder of the local road network and from the steam railway were considered along with that from the existing adjacent industrial area. The noise assessment has been carried out in accordance with DEFA methodology and the UK Department of Transport's technical memorandum Calculation of Road Traffic Noise (CRTN) guidance. Current noise emanates from a foul water drainage pumping station adjacent to the north western boundary of the site along with noise from the adjacent industrial estate audible in some parts of the site and occasional noise from aircraft from the nearby Airport.

2.13.2 Predicted noise levels are to be around 68dB during the construction phase and as such, mitigation is required. This could take the form of acoustic barriers between nearby properties and the A5 where noise exceedances have been predicted but it is concluded that the appropriate noise levels are achievable with the implementation of site specific mitigation measures.

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2.14 The applicant has submitted additional information to clarify that the by pass road will be completed to the site boundary at the rear of Railway Terrace within Phase 2 of the development and prior to the occupation of any dwelling in Phase 2. Phase 1 will incorporate the dwellings in Phase 1 and the bypass as far as the attenuation area, together with the attenuation area. A plan has also been provided to illustrate a variety in roof and render colours.

PLANNING POLICY Designation History 3.1 The site was part of a wider area of High Landscape Value and Scenic Significance on the Isle of Man Planning Scheme (Development Plan) Order 1982 with the part nearest Balthane Road designated as proposed public open space. Subsequent to this, the Area Plan for the South (2013) designates the site for Proposed Residential and Industrial, Community Facility and Public Open Space.

3.2 Area Plan for the South 3.2.1 The site lies outside of the defined settlement boundary for Ballasalla and not within any existing or proposed Conservation Area. The site contains no Registered Buildings nor any sites constrained by infrastructural or ecological issues. The Written Statement accompanying the Plans includes the following:

4.28 Site 3 Location: Land to the south east of Ballasalla, between Douglas Road and Balthane Industrial Estate, Ballasalla, Malew Size of Site: 19 ha Proposed designation: See Development Brief Site Assessment Framework (Residential Score): 50/68 (Employment Score): 43/60

4.28.1 This site is largely contained by the route of the proposed Ballasalla By-pass but part of the site lies to the south of the by-pass route, bounded by Balthane Industrial Estate and Ballahick Lane. An approval on this site will need to be linked to a legal agreement(s) prepared in accordance with Section 13 of the Town and Country Planning Act 1999. Such a legal agreement(s) should address inter alia the issue of the construction of the Ballasalla By-pass alongside phased development on the site. The proposed Planning Policy Statement (PPS) on 'Contributions to the Ballasalla By-pass' is intended to deal with the stretch of the Ballasalla By- pass road between the south western boundary of Site 3 and Balthane Corner. The PPS will identify the mechanism by which Government will use any monies accrued via the release of the Strategic Reserve sites, and any other additional sites, as well as any other monies which Government is prepared to commit, to this section of the Ballasalla By-pass in the future.

4.29 Development Brief 3

1. The site will be developed only for:

i. Predominantly Residential purposes; ii. Community facilities and public open space. Such public open space must be easily accessible to the community and may be in the form of a public park; iii. Employment uses limited to Class 5 (Research and Development/Light Industrial) and Class 6 (Storage or Distribution) set out in Schedule 4 of the Town and Country Planning (Permitted Development) Order 2012. iv. The construction of an Urban Primary Distributor Road to by-pass Station Road and Douglas Road between Balthane Corner and Glashen Hill (the "Ballasalla By-pass") as indicated on Inset Map 4.

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2. Any detailed application for the site must be accompanied by and form part of a Master Plan for the whole site (unless the detailed application covers the whole site). The Master Plan must satisfactorily address the matters of general land use and layout, structural landscaping, the intended phasing (including a landscaping phasing schedule), and internal road position (including the Ballasalla By-pass). Any detailed application which incorporates the first phase must:

i. Include detailed plans for the Ballasalla By-pass route and design (including an associated landscaped buffer) as well as an agreed design solution for traversing the steam railway line; the preferred option being a level crossing.

3. Industrial development may be permitted on land between Colas Drive and the Ballasalla By- pass route (in fields 434090 and 434089) but applications must demonstrate that the route of the proposed Ballasalla By-pass will not be compromised. Development will not normally be permitted within 25m of the line of the Ballasalla By-pass as measured from nearest roadside channel (this may be amended once the detailed ground levels have been determined).

4. The Department accepts that an overall phased approach may be acceptable (provided points 1, 2 and where appropriate 3 above are satisfied), which would, in effect allow construction of the Ballasalla By-pass alongside other proposals in stages, but it must be demonstrated that the existing road network can accommodate the additional traffic levels generated by each phase. A legal agreement will be required at the first phase of development to ensure the construction of the Ballasalla By-pass linking Douglas Road (Glashen Hill) to the south western boundary behind Railway Terrace in the general position shown on Map 4.

5. Due regard must be had to the proposed Planning Policy Statement on 'Development Contributions to the Ballasalla By-pass' for the construction of the Ballasalla By-pass linking the south west boundary of Site 3 to Balthane Corner.

6. The most appropriate route of the Ballasalla By-pass has yet to be confirmed as indicated by the double headed arrow on inset Map 4; however, the final positioning and design of the road must be satisfactory in highway terms meeting the design standards set out in the United Kingdom Design Manual for Road and Bridge Works. The applicant is encouraged to discuss this with matter with the Highway's Division (DoI) prior to the submission of an application. The application must satisfactorily address the following issues:

i. The Ballasalla By-pass junction arrangements from Glashen Hill and Balthane Corner (taking into consideration the proposed use of the site and the requirements of "Manx Roads: a guide to the design of residential roads, footpaths, parking and services"). ii. The manner in which protection will be given to the existing public and private rights of way which the Ballasalla By-pass will sever. iii. The junction arrangements for any access points from the Ballasalla By-pass road to the adjoining land including the provision of a second point of access to the existing Balthane Industrial Estate (any access points should be determined following discussion with the Highway's Division (DoI) and comply with the Department's Policy relating to the Hierarchy of the Island's Road Network). iv. The manner in which any light pollution from the Ballasalla By-pass will be addressed. v. How the design of the Ballasalla By-pass can assist in the securing of sustainable transport solutions (cycling and walking) to link the village of Ballasalla with Balthane Industrial Estate. vi. The manner in which Statutory Undertaker routes will be excluded from the carriageway and footways of the Ballasalla By-pass; it may be acceptable for these to be located within a service corridor located adjacent to the Ballasalla By-pass in the landscape buffer area.

7. The site has potential archaeological significance. An appropriate archaeological evaluation must be carried out on the site and suitable archaeological mitigation designed into any

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proposed scheme. The applicant is encouraged to discuss this with Manx National Heritage prior to the submission of any application for this site.

8. No part of the site shall be developed until there is in place an approved Drainage Master Plan prepared following discussions with the Isle of Man Water & Sewerage Authority to ensure adequate drainage arrangements are made for the entire development site.

9. Proposals must be so formulated as to ensure that the Glashen Stream is not polluted, either before, or during, the construction period or subsequently; the provision of an adequate buffer zone should be included within any proposals.

3.2.2 Landscape Proposal 19: New industrial or commercial buildings at Balthane and Ronaldsway Business Park and the Freeport, which would be visible from the A5 or the Steam Railway, should be of high-quality, functional design. This proposal will also apply to buildings which would be visible from the by- pass once a route has been firmly determined.

3.2.3 The Landscape Character Appraisal includes the site within an area of Incised Inland Slopes and contains the following guidance:

Ballamodha, Earystane and St Marks (D14) The overall strategy is to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern delineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities.

Key Views Distant views prevented at times by dense woodland in river valleys and by the cumulative screening effect of hedgerow trees, which tend to create wooded horizons.

Open and panoramic views out to sea from the higher areas on the upper western parts of the area where there are few trees to interrupt views.

3.2.4 Where land is designated for development, the following advice is provided in the Area Plan regarding density of development:

4.13 Density of Development on Proposal Sites 4.13.1 The number of units on the sites has not been specified within the Development Briefs unless there is a valid planning reason for doing so or, there is a valid planning approval which specifies the number of units on the site and this specification remains appropriate. On the remainder of the sites, Strategic Policy 1 of the Isle of Man Strategic Plan, 2007 will be adhered to. This policy states that:

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 reusing scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services.

4.13.2 To this end, the Department will ensure that a density level on the sites is realised which makes best use of the available land and seeks to optimise the number of dwellings on the site. This should not be taken to be an opportunity to seek maximisation of the site but more a considered approach to ensuring that the best use is made of the site taking full consideration of all material considerations. In all cases, and in addition to any other Development Brief requirements, applicants will be expected to consult with the Isle of Man

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Water and Sewerage Authority to discuss proposed housing densities prior to the submission of an application.

3.3 Strategic Plan 3.3.1 The Strategic Plan contains a number of policies and guidance relevant to the consideration of the application:

Strategic Aim: To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage.

Strategic Objectives 3.3 Environment (a) To support the precautionary principle, which assumes that activity might be damaging unless it can be proved otherwise in respect of development where significant environmental implications are involved. (b) To protect, maintain and enhance the built and rural environment (including biodiversity). (c) To encourage high quality development throughout the Island. (d) To protect the individual character and identity of settlements, and to identify and protect those green spaces in built areas which contribute positively to public amenity. (e) To prevent the extension of settlements beyond boundaries that will be defined in the Area Plans and to prevent the merging of settlements. (f) To promote urban regeneration and the re-use of derelict and redundant sites. (g) To minimize environmental pollution to air, water and land. (h) To protect agricultural land such as to encourage self-sufficiency in food production. (i) To protect the countryside and coastal areas for their own sake. (j) To promote community safety in the design of new development.

Strategic Policy 1: 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 reusing scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services.

Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3.

Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (a) avoiding coalescence and maintaining adequate physical separation between settlements; and (b) having regard in the design of new development to the use of local materials and character.

Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas and sites of archaeological interest;

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(b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance.

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.

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

Spatial Policy 3: 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.

Spatial Policy 5: New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.

General Policy 2: 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; (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; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;

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(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.

Environment Policy 4: Development will not be permitted which would adversely affect: (a) species and habitats of international importance: (i) protected species of international importance or their habitats; or (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites. (b) species and habitats of national importance: (i) protected species of national importance or their habitats;

(1) Wildlife Sites are defined in Appendix 1 (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or (iii) Marine Nature Reserves; or (iv) National Trust Land.

(c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats. Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward.

Environment Policy 10: 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.

Environment Policy 13: Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted.

Environment Policy 14: Development which would result in the permanent loss of important and versatile agricultural land (Classes 1-2) will not be permitted except where there is an overriding need for the development, and land of a lower quality is not available and other policies in this plan are complied with. This policy will be applied to

(a) land annotated as Classes 1/2 on the Agricultural Land Use Capability Map; and (b) Class 2 soils falling within areas annotated as Class 2/3 and Class 3/2 on the Agricultural Land Use Capability Map.

Environment Policy 24: Development which is likely to have a significant effect on the environment will be required: i) to be accompanied by an Environmental Impact Assessment in certain cases; and ii) to be accompanied by suitable supporting environmental information in all other cases. 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. Paragraph 7.18.1 and Appendix 5 provide further advice on EIAs.

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Environment Policy 41: The Department will require that archaeological evaluations be submitted prior to the determination of proposals affecting sites of known or potential archaeological significance. In cases where remains are affected but preservation in-situ is not merited, the Department will expect to secure excavations and/or recording in advance of construction work either by the imposition of suitable conditions attached to a planning permission or through a formal agreement entered into with the developer.

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.

Housing Policy 2: The Department will seek to ensure an adequate supply of housing land, based on the level of provision indicated in Housing Policies 1 and 3. The Department will keep under review land that is allocated for residential development in existing Local Plans and in the Area Plans to ensure that the land is available for development, to enable the number of dwellings to be built that are set out in Housing Policy 1. Where it appears to the Department that land that is allocated for development in a Local Plan or an Area Plan is not available for development, then it will consider, through a review of the Area Plan, making alternative land available and retaining the unavailable land in a land-bank for possible future development. In doing so, the Department will have regard to any phasing proposals for the development of land that are identified in the Area Plan.

Housing Policy 4: 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.

Sustainable urban extensions are defined as involving "the planned expansion of a city or town and can contribute to creating more sustainable patterns of development when located in the right place, with well planned infrastructure including access to a range of facilities, and when developed at appropriate densities."

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.

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.

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.

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

Transport Policy 2: The layout of development should, where appropriate, make provision for new bus, pedestrian and cycle routes, including linking into existing systems.

Transport Policy 3: New development on or around existing and former rail routes should not compromise their attraction as a tourism and leisure facility or their potential as public transport routes, or cycle / leisure footpath routes.

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.

Transport Policy 6: 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.

Transport Policy 8: The Department will require all applications for major development to be accompanied by a Transport Assessment.

A Transport Assessment is defined as "An evaluation of the likely traffic generated by a new development taking into account measures designed to improve road safety and promote more sustainable means of transport. It is also an assessment of availability and accessibility of all forms of transport in an area."

3.4 Housing Land Availability Study 3.4.1 The most recent edition of the above published in May 2018 suggests that the net number of dwellings required in the south is 452 (the total number identified as being required in the south in the 2016 Strategic Plan is 1,120 and 668 approvals have been issued including windfall sites and conversions. This was compiled prior to the applications which have more recently been submitted for development in Castletown - 18/00987/B for 45 dwellings in Knock Rushen, 18/00524/B for 95 dwellings on Victoria and Douglas Roads, the current application for the principle of 130 dwellings with sheltered housing and residential care home and the detailed application for 282 dwellings on phases 1 and 2 of the land in Ballasalla (19/00137/B). It also does not include the potential for the development of the Crossag Road site which was previously subject to an application for 257 dwellings (although that application, 06/02245/B was refused, the reason for refusal did not directly relate to the number of units).

3.5 Residential Design Guidance (March 2019) 3.5.1 This document sets out a series of standards and provides advice on the design of new residential development, whether this be new housing or alterations or extensions to existing units. The objective is "to help all of those involved in the design process (developers, homeowners, architects and agents and planners) to work together to improve the quality of our built environment."

3.5.2 It goes on:

2.2.3 The character and context of any residential development is created by the locally distinctive patterns and form of development, landscape, culture and biodiversity. These elements have often built up over a considerable time and tell a story of the site's history and evolution - the creation of a 'sense of place'. The character and context of a site should influence design positively so that development does not simply replace what was there but reflects and responds to it, for example by allowing the long-term retention of existing mature landscaping features or water features. The initial site context should also identify established

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building heights, lines and orientation of buildings that are adjacent to the site and should have a positive relationship with established housing and other development, including ease of pedestrian and vehicular movement.

2.2.4 If the context to a development has been compromised by earlier development, this should not be seen as a reason to perpetuate what has been done before. Opportunities should be sought to deliver high quality sustainable development that reflects up-to-date technologies and aesthetics and creates a strong "sense of place".

PLANNING HISTORY 4.1 A number of applications have been submitted for land within the application site, none of which is relevant to the consideration of the current proposal. There have been other applications in the vicinity which are more relevant - such as 02/02443/B which proposed the introduction of a roundabout on the A5 (refused) and 06/02245/B for the erection of 257 dwellings and associated infrastructure which was refused by Council of Ministers for the reason that, "The proposed development of this site is premature pending the preparation of an Area Plan which would include commitments to the provision of primary education and road proposals for Ballasalla."

REPRESENTATIONS 5.1 Malew Parish Commissioners have no objection (06.03.19).

5.2 Department of Infrastructure Highway Services raise no objection subject to a series of conditions relating to the approval of a construction method statement, the provision and retention of vehicular parking and bus stands, the consolidation and surfacing of the first 12m of the access onto the A5, the finishing of the roads prior to occupation, the construction of cycleways, footpaths and in particular the following conditions:

No part of Phase 2 may be occupied until the by-pass road has been completed with a surface course up to the site boundary at the rear of Railway Terrace.

The development hereby approved shall not be occupied until the 25m forward visibility envelope into the site from the southwest bound lane of the A5 has been cleared of any obstruction to visibility at and above a height of 0.6m above the nearside carriageway level. That area shall be maintained free of obstruction at all times thereafter.

No development shall commence on the phase 1 site until visibility splays have been provided between the edge of the carriageway and a line extending from a point 2.4m back from the edge of the A5 carriageway, measured along the centre line of the access, to the points on the edge of the carriageway 120m to the northeast and 120m to the southwest from the centre of the access in accordance with the approved plans. Such splays shall thereafter be permanent maintained free from obstruction to vision above a height of 1.05m above the level of the adjacent carriageway.

No development shall commence on site until a scheme for improving the existing footway on the south east side of the A5 between the new access and the junction of Ballabridson Park and the section of Ballahick Lane between the A5 and the site have been submitted in writing and approved by the Department. Such facilities shall be provided in accordance with the approved details. (24.05.19)

5.3 DEFA Arboricultural Officer advises that there are no trees worthy of protection in the site as a material consideration and in respect of proposed tree and hedge removal he has no concerns although he has concerns in respect of the protection of retained trees. Whilst the general gist of the landscaping is adequate, additional details of which trees are to be planted where should be provided to ensure the success of the planting schedule together with a

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timetable for implementation, maintenance and aftercare. He expresses concern at the proposed planting in front of plots A116 - A125, B58 to B49 and B65 to B75 where there is a high density of parking which would be better broken at regular intervals by tree planting like that found in front of A33 to A40 and with appropriate planting and soils available. He recommends the following condition should the application be approved:

Prior to the occupation of any dwelling on the site, additional details of all trees to be planted in accordance with approved drawings 02.03 and 02.04, including their quantity/density and location, species and nursery specification, the planting specification, a timetable for implementation and a schedule of maintenance, shall be submitted to and approved by the Department. The planting shall be carried out in accordance with details provided. Any planted trees that are removed, die or become, in the opinion of the Department, seriously damaged or defective within five years of planting shall be replaced with specimens of a similar size and species as originally required, unless the Department gives written consent to any variation.

Finally, he notes that BS854:2014 is the industry best practice and will be considered in the case of any submission relating to the planting of trees (05.03.19).

5.4 Department of Infrastructure Housing Division recommends that there are 91 persons seeking affordable housing to rent, 19 of whom have Ballasalla as their first or second choice. There are also 16 persons on the active first time buyers' register. They would therefore request that consideration be given by the Department to require a number of affordable units on site and a commuted sum in respect of the rest (12.03.19).

5.5 Manx Utilities seek a deferral whilst they consider the application (15.03.19). No further comments have been received and it is assumed that there are no outstanding issues.

5.6 DEFA Biodiversity Office seek a deferral whilst they consider the application (14.03.19). They submit further comments on 22.03.19, expressing concern at the lack of information on what she considered are the essential elements about ecological enhancements, mitigation and responsible working methods for wildlife on the site and as such, she has little confidence that ecological issues willl be adequately considered and incorporated into the final design. She refers specifically to the need for Precautionary Working Method Statements (PWMS) and Reasonable Avoidance Measures (RAMS) in regard to common lizard, common frog and breeding birds, in respect of Schedule 8 species and other invasives where the responsible removal should form part of the works, the need for appropriate lighting during and post construction to ensure that hedges and other wildlife corridors maintain their importance for foraging bats and the retention wherever possible of existing hedges and the provisions of new hedges/boundaries of at least the equivalent length to mitigate any losses. She recommends that work should be undertaken outside of the bird breeding season and the provision of green spaces, which are ecologically connected to the field boundaries which offer a diverse range of habitats and the provision of ponds and terrestrial habitats such as hibernacula and scrapes within green areas along with bird boxes in suitable locations. She suggests that the drainage attenuation meadow could provide interesting and different opportunities for wildlife and she would like to see additional information in this respect. She also refers to the ditch to be diverted in Phase 2 which was assessed as being moderately rich in the hedgerow survey and if this needs to be diverted, could wildlife elements to be lost be incorporated into the new attenuation meadow area? She requests additional information is provided, dealing with more details of the planting and hedging, trees and shrubs alongside the by pass road and other roads in the development with more native plants and fewer ornamental trees and shrubs, measures for the protection of hedge 7 and new hibernacula and ponds and how the open spaces can incorporate elements for wildlife. She also requests a detailed plan which shows the direction of lighting, how corridors will be maintained for bats and where bird boxes are to be located. Finally, a bat survey should be submitted which assesses the site for bat presence and appropriate potential mitigation and enhancement should be included.

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5.7 Manx National Heritage comment that the Preliminary Ecological Appraisal was conducted in the absence of any detailed masterplan with the Executive Summary stating that further information should be provided and surveys conducted. All these were undertaken but the recommended mitigation appears to be missing from the ES although no significant issues in relation to ecological receptors were identified. The reports did highlight mitigation and compensation measures that should be acknowledged to ensure their inclusion within the working methods and landscaping. They note a discrepancy in the level of bat survey required in order to appropriately assess bat activity on the site and whilst the survey was carried out with effort to be in accordance with best practice guidelines, there is no reference to or justification as to why the assessment of the suitability of the site to support bats differs from the initial findings and they note that mitigation and enhancement were outside the scope of the bat survey whereas they should have formed an integral part of it. They would like to see nesting bird checks undertaken within nesting bird season, provision of reasonable avoidance measures in respect of works within common lizard and common frog suitable habitat, the assessment of mitigation and enhancement in respect of bats including sensitive lighting schemes and safeguarding of hedgerow 7 where possible. They are disappointed at the lack of retention of hedgerows within the site and would recommend native shrub planting rather than ornamental planting and the provision of a 100mm gap at the base of boundary fences to encourage the movement of hedgehog and frog, which are vulnerable to lack of connectivity brought about by development of agricultural land. They acknowledge the benefit of the bypass and attenuation meadow (12.03.19)

5.8 Manx Wildlife Trust express some concerns relating to the absence of an Ecological Impact Assessment and note that the reports were prepared in the absence of the masterplan or the context of the plan and therefore any knowledge of ecological implications. They reiterate the comments made by Manx National Heritage above (28.03.19).

5.8.1 The applicant has responded to the above ecological concerns, and reports that the ecologist engaged to prepare the ecological chapter of the ES has reviewed the landscaping strategy for the scheme and advises that, given the relatively small sections of hedgerow which are considered to be species rich and are proposed to be removed, the length of new hedgerow being proposed along the bypass is suitable compensation. He recommends that new hedgerows should comprise species including hawthorn, blackthorn, elder and wild rose and that it would be beneficial to encourage a species rich ground flora through the implementation of a field margin and suitable management proposals to include vernal species as identified by The Manx Wildlife Trust Hedgerow Survey with management following the Manx Hedgerow Management Code of Best Practice (IOM Government 2017) to maintain the richness of the new hedgerows and that it would be beneficial for the MWT to comment on the proposals as they have completely the more detailed survey and considered the existing hedgerows to be moderately poor. The landscaping and planting scheme has been revised following further consultation with the Department and MWT.

Local residents 5.9 The owner of Eaylee, Balthane Road is concerned about the lack of information available on the termination of the bypass at the Balthane end of its route. She notes that the plans seem to suggest that the route goes through Balthane Cottage and one of the terraced houses, resulting in a change to the location of Balthane Road, including alterations to her property. She confirms that she has had no approach from anyone regarding such plans which would impact considerably on her property. Widening the road could increase traffic speed, which is not likely to be desirable and having properties with their frontages right onto the highway is unlikely to be desirable either. The bypass is likely to create significant levels of traffic noise which existing vegetation should be retained to mitigate as much as possible. She notes that bats have been seen in the vicinity. Finally, adequate sewerage should be in place before any further development is allowed (08.03.19).

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5.10 The owner of 9, Balthane Square and a former Malew Commissioner objects to the application, considering that the population is not increasing and the bypass will be no more than a link road to a new estate although he acknowledges the congestion in the centre of Ballasalla, particularly when the train service is running. He is critical of the public lighting system from Ballasalla to Douglas, is concerned that local schools may not be able to accommodate further children as well as overloaded doctors' surgeries. Finally he mentions a number of recent housing developments and does not consider that there is a need for any more (18.01.19).

5.11 The owners of 7, Ballabridson Park are particularly concerned at the impact of the development from their property which is next to the boundary hedge and the proposed development of bungalows beyond it which appear to be tightly packed together, resulting in potential light pollution and noise particularly as the application site is higher than the existing dwellings. They question whether there will be footpaths alongside the bypass and whether buses will be able to stop on it. They consider that all of the development should be linked to the bypass, not just phase 2. Finally they note that there is a small building, possibly a substation proposed alongside the railway line where hedge fires are common place (11.03.19).

5.12 The owner of 5, Abbots Close objects to the application, noting that phase 3 is not included and the application is not to build a bypass but to build around 350 houses with associated access roads. The layout provides the bypass as the only access to around 215 homes which is likely to result in serious consequences and queuing of vehicles ascending Glashen Hill giving way to the bypass. He is concerned about the impact on local shops, public house etc, fearing that the development will simply shift the morning commuter traffic problem whilst adding to the number of vehicles trying to use the same roads (13.03.19).

Other residents 5.13 The owners of Glebe Cottage are in support of the development, satisfying two needs in one application - more housing and a bypass (24.01.19).

ASSESSMENT 6.1 The principle of development 6.1.1 The site is designated for development in the Area Plan for the South adopted in 2013 and there is a development brief which provides additional guidance as to how the site should be developed. The route of the bypass and the site itself is around 80-90m further north than is shown in the Area Plan in order to achieve appropriate gradients and alignments of the bypass which otherwise follows the route shown in the Area Plan, to join the A5. The site also includes land on the north western side of the A5 which was not included in the Area Plan. It is clear in the development brief that the final route of the bypass had not been determined at the time of the drafting of the document.

6.1.2 Whilst there may be concerns that there is insufficient need for the housing and that development has occurred elsewhere in the area, the land is designated for development and the debate on whether it should be was one for the Area Plan, not for the application which seeks to deliver what the Area Plan prescribes. The principle of the development as shown in the application is considered to be acceptable.

6.2 The bypass 6.2.1 The development brief does not require all of the development between the bypass and the A5 to be accessed solely from the bypass.

6.2.2 The development brief suggests that the means of crossing of the railway should be via a level crossing however, subsequent discussion with Isle of Man Railway indicates that this is not the preferred method in the interests of safety. It is therefore not considered objectionable that the scheme fails to accord with the development brief in this instance.

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6.2.3 The Area Plan also requires that the undertaking of the bypass is in accordance with a proposed Planning Policy Statement on this matter. Such a PPS has yet to be published and as such the proposal cannot accord with this aspect of the development brief. One of the purposes of the PPS was to set out how the bypass would be funded. It is now proposed that the majority of the bypass will be funded as part of the associated development with only the section outwith the applicant's ownership, at the Balthane end remaining to be designed and funded. It is understood that the design of the bypass has evolved with full input from Department of Infrastructure and indeed there is no objection from them to this, or indeed any aspect of the application.

6.2.4 The applicant proposes to commence the construction of the bypass as part of Phase 1 and that it will be constructed to the point of the attenuation area as part of this, with no property in Phase 2 being occupied until such times as the whole of the bypass has been completed within the application site which terminates at the rear of 8, Railway Terrace, a property owned by the local authority. Balthane Cottage sits to the south of Railway Terrace and it is understood that the owners of all of these properties is in discussion with Department of Infrastructure in respect of the design of this final part of the bypass.

6.2.5 Whilst it is completely understandable that those in the vicinity of the south western end of the bypass will be concerned about the final route and details of what is a significant infrastructural project and the lack of details in this respect is not helpful in the assessment of the impact of this current application. However, the route of the bypass is shown on the Area Plan and what would arise as a result of the current application is not inconsistent with this although the line of the route on the Area Plan goes straight through Balthane Cottage whereas as shown on the application, the route is slightly to the north and further away from Eaylee Cottage.

6.2.6 It is not considered that the absence of information on how the south western end of the bypass will be designed is a reason why the current application should be refused.

6.2.7 The bypass has been designed as a vegetated feature which will provide significant opportunities for new planting and mitigation of the loss of existing vegetation on the site. It should be noted that the site is generally open and devoid of significant trees and shrubs and the hedges within the site are largely planted hedges rather than sod banks or structures in themselves.

6.3 The impacts of the development 6.3.1 There will be impacts from the development from the visual change to the landscape, traffic and highway safety, flood risk, heritage and conservation, archaeology, ecology, impacts on the living conditions of those living close to the site and those of residents of the new housing itself. There will also be potential issues relating to affordable housing and the density and overall appearance and character of the development as well as the potential impact on the steam railway.

6.4 Landscape change (Strategic Policy 3, the Area Plan for the South) 6.4.1 As acknowledged in the landscape impact assessment the development will result in a significant and adverse impact on what is currently a collection of agricultural fields which sit between residential and industrial development. As the site is designated for development, there is an inevitability that such a change will happen and the objective should be to ensure that the resultant change is reasonable and acceptable.

6.4.2 The development includes large and smaller areas of landscaped space which will mitigate the impact of the new buildings and hard surfaces. This, together with the variety of materials and house types should result in a development which sits comfortably alongside the existing residential development of Ballabridson Park and Homefield Park and the industrial

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development further to the south west. Given that the site is designated for development, it is not considered that the resultant landscape change would be unacceptable.

6.5 Traffic and highway safety (Transport Policies 1, 2, 4, 6 and Strategic Policy 10) 6.5.1 The proposal will change significantly the method of vehicular traffic within and around Ballasalla with a significant increase in the number of vehicles, pedestrians and cyclists using the existing and proposed roadways and footpaths. The development has been designed to facilitate connectivity with the existing roadways by cyclists and pedestrians as well as enabling those in vehicles to get to and from the estate and through the village safely and conveniently. The scheme is supported by Department of Infrastructure Highway Services.

6.5.2 Traffic also includes the ways in which people move within an area and is it particularly important that development is located where residents can easily and safely walk, cycle and use sustainable methods of transport from their homes to the services and amenities available in their settlement. In this case, the site is within walking distance of the village's shops and services with public footways on both sides of all main roads leading to and from the site with an established level crossing leading from the site up Ballahick Road to the A5. It is also possible that Phase 3 of the development of this area could contain its own shops and community facilities in accordance with the Area Plan Development Brief and as referred to in the application. Such facilities will be within convenient and safe walking and cycling distance of the application dwellings.

6.6 Flood Risk (Environment Policies 10 and 13) 6.6.1 There is no evidence from the statutory authority or any other to suggest that the development will either be subject to flooding or where it would exacerbate the impact of flooding on other land. Indeed there is the opportunity during the development of the site to address existing localised flooding through culverting and alterations to existing pipework.

6.7 Heritage and conservation 6.7.1 The site is not protected, contains no Registered Buildings or Ancient Monuments nor are there any close by as would be affected by the development.

6.8 Archaeology 6.8.1 The proposal has not met with any objection from Manx National Heritage in respect of archaeology and conditions could be attached to address any potentially sensitive aspects of the proposal.

6.9 Ecological impact 6.9.1 Whilst there were initial concerns expressed about the details of the ecological survey, further information was provided in consultation with the Manx Wildlife Trust including changes to the planting schedule. There has been criticism that existing hedgerows are not being retained however, as stated above, the existing hedgerows are more planted than constructed features and it is often difficult to incorporate such natural features within a residential environment and where the longevity of such features can be assured. As stated by the applicant, the by pass presents significant opportunities for ecological enhancement with particularly the south and east facing slopes which are not likely to be exposed to human activity and which in quantitative terms would more than compensate for the existing elements to be lost through the development of the fields.

6.9.2 Further discussions have been held with DEFA Biodiversity Office and Manx Wilflie Trust in respect of any matters which are still outstanding, following the submission of additional information by the applicant on 31st May, 2019. DEFA has confirmed that there are still a small number of issues remaining and conditions are now recommended to address these. Whilst they are concerned that the presence of Schedule 8 species should be dealt with responsibly and that this should be referred to in a condition, the Wildlife Act already makes provision for this and as such, it is not recommended to address this as a condition.

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6.10 Impacts on the living conditions of those living close to the site 6.10.1 The development will have the greatest impact on those who currently live in properties which presently enjoy open views out over agricultural land. The development aims to introduce lower profile properties next to many of the existing bungalows to reduce potential impact and whilst there is an objection from the owner of 7, Ballabridson on the basis of the impact on their outlook and light, the existing hedging is to be retained and the new properties are to be positioned no closer than 20m from the existing dwelling with no first floor windows looking back towards the existing dwellings. The nearest dwellings are true bungalows with a roof pitched at 22.5 degrees and these properties are located to the north east of the existing dwellings and are therefore unlikely to have any adverse impact on the outlook, light or privacy of those in the existing dwellings, having reference to the Department's Residential Design Guidance of March 2019.

6.11 The living conditions of the residents of the new development 6.11.1 Referring again to the Department's Design Guidance, the proposed dwellings are situated at appropriate distances from each other to provide satisfactory levels of privacy and amenity. Each has sufficient car parking provision. The requirements for Public Open Space are almost met in their entirety if the attenuation area is included as formal open space (it is certainly large enough although as a water attenuation facility it would not be capable of being set out permanently as a court or pitches. It will be publicly accessible. The applicant has agreed that any deficiency in POS can be mitigated by the provision of a commuted sum to the local authority who are advising on how such an investment would benefit the village.

6.12 Affordable housing 6.12.1 The requirements of the Strategic Plan in respect of affordable housing are being met through on site delivery and the payment of a commuted sum. Whilst on site provision is usually preferable, in this case the significant number of units required is likely to be greater than the number of units actually required whenever the development is completed. If the full complement were delivered on site and the units were not required within a relatively short time, these would be likely to be then offered on the open market and the opportunity for occupation of an affordable unit on this development. The proposed method of delivery will see 20 units provided in the first two phases with commuted sums payable on the others. This sum could be used to deliver affordable units elsewhere, for example at Crossag Farm which is land designated for residential and educational development and which is owned by Government and is not to be developed at the same time as the current site. This approach is supported by the Housing Division of DoI and is considered acceptable in this case.

6.13 Density and design 6.13.1 The Design Guidance makes it clear that new development should create a sense of place but also reflect the character of the existing surrounding area. In this case the surrounding area is characterised by no particular style, age of type of housing, with relatively modern bungalows and dormer bungalows in Ballabridson and Homefield Parks, more modern development at The Paddocks, some very old properties such as Balthane Cottage and some of the dwellings in the heart of the village and the pairs of semi detached, again relatively modern properties on the corner of Balthane Road and the A5. The site is also close to and seen as part of the wider industrial estate of Balthane with its large span, clad buildings. It would be difficult, and not necessarily desirable, to replicate the most modern housing in the area and whilst traditional properties have many attractive features, when replicated en masse in a modern housing estate layout, can look ineffective and inappropriate. What is proposed is not dissimilar to other modern housing estates on the Island with the use of stonework and render which reflects the traditional materials in the village, with some more modern roof pitches which resemble the more modern properties abutting the site. Whilst not creating a sense of place which is unique to this site, the choice of house types and materials is considered appropriate to this location, given its context.

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6.14 Steam railway 6.14.1 The Strategic and Area Plans clearly protect the routes of the steam railway line as a heritage asset. The proposed development will bring the built development closer to the passengers on the railway as they approach Ballasalla and there would be a reduced view of the open agricultural fields which are currently visible. The approach to the village is, however, dominated by the views of the industrial estate and the very close proximity of the existing properties in Ballabridson and Homefield Parks. The entrance of the railway to the village will be announced by the new railway bridge, before which the view of the housing will be mitigated by the bypass planted bank and upon emerging from the bridge tunnel, the train will have residential development on both sides until it reaches Ballasalla Station.

6.14.2 The impact of the development will change the experience of those approaching the village by train but the impression of approaching a built up area with dwellings close to the track will not be significantly different.

6.15 Loss of agricultural land 6.15.1 Environment Policy 14 is clear that the best quality agricultural land will be protected from development and this should be taken into account when land is designated in any area plan. In this case the soil is categorised as 3/2 capability which would render it of value according to the policy. However, the land is designated for development and this is identified as the route for the village bypass which would not be possible if the land were retained for agricultural use. As such, whilst the development of this land would appear to result in the loss of valuable agricultural land, the need for housing in the south, supported by the designation of the site for residential purposes, is considered to override this in this instance.

CONCLUSION 7.1 It is considered that appropriate conditions can be attached and the use of a S13 Legal Agreement to control the delivery of the affordable housing, public open space, landscaping, highway and ecological improvements and as such, the application is supported as being in accordance with the Area Plan for the South and the relevant Strategic Plan policies.

S13 Legal Agreement 8.1 The Legal Agreement will provide for the following, in accordance with section 2 of the report: affordable housing: there would be provision of 20 units on-site with a commuted sum of £23,500 per unit to be paid in lieu of the remaining 50.5 units of affordable housing required. public open space: the provision of public open space as part of the development together with a sum of £50,000 for use by the local authority in a suitable area as well as the fitting out of the play area within Phase 1 of the development

INTERESTED PERSON STATUS 9.1 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.

9.2 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.

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9.3 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.

__

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:...15.07.2019

Signed :...S CORLETT... 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 15.07.2019

Application No. :

19/00137/B Applicant : Dandara Homes Limited Proposal : Residential development comprised of 282 dwellings, associated highway and drainage infrastructure and public open space, and the construction of a new by-pass road between Douglas Road and the rear of Railway Terrace to include a new roundabout on Douglas Road and a bridge over the IOM Steam Railway line Site Address : Fields 434764, 434116, 432719, 432607, 432608, 434113, 434114, 434115, 434089, 434090, And 434091 Douglas Road Ballasalla Isle Of Man

Principal Planner : Miss S E Corlett Presenting Officer As above

Addendum to the Officer’s Report

The Planning Committee approved the application at its meeting of 15th July, 2019 subject to a legal Agreement securing the affordable housing, and commuted sums for the affordable housing and POS as set out in the report.

Two additional conditions were attached:

18. No work may commence upon the construction of the flood attenuation area until such times as there has been approved by the Department a scheme for the future ownership and maintenance of this feature.

Reason: to ensure that the facility is maintained to accommodate water from the proposed development.

19. Notwithstanding the provisions of the Town and Country Planning (Permitted Development)Order 2012), no walling or fencing other than is shown on the approved plans may be erected on the following plots where the proposed walling or fencing would abut the railway line, the A5 highway or existing dwellings:

A1, A10, A32-A40, A46, A47-A55, A56-A61, A97 B10-13, B17-B37, B41, B42

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

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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. The phasing of the development must be carried out in accordance with that shown on drawings 03.01A, 02.03C, 02.04C, 06.03A and 06.04A with construction of the phase 1 part of the new by-pass road including the new roundabout on the A5 to be commenced no later than the completion of the 75th dwelling within Phase 1 of the development hereby approved. No dwellings shall be constructed within Phase 2 of the development prior to the completion of the 90th dwelling in Phase 1 and until the by-pass road has been completed with a surface course up to the entrance of phase 2 as shown in the approved plans. No dwelling within Phase 2 shall be occupied until the by-pass road has been completed with a surface course up to the site boundary at the rear of Railway Terrace.

Reason: To ensure the delivery of the by-pass road.

C 3. Prior to the occupation of any dwelling on the site, additional details of all trees to be planted in accordance with approved drawings 02.03 and 02.04, including their quantity/density and location, species and nursery specification, the planting specification, a timetable for implementation and a schedule of maintenance, shall be submitted to and approved by the Department. The planting shall be carried out in accordance with details provided. Any planted trees that are removed, die or become, in the opinion of the Department, seriously damaged or defective within five years of planting shall be replaced with specimens of a similar size and species as originally required, unless the Department gives written consent to any variation.

Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs as the landscaping of the site is an integral part of the scheme and must be implemented as approved.

C 4. No development shall take place, including any works of demolition, until a construction management plan or construction method statement has been submitted to and been approved in writing by the Department. The approved plan/statement shall be adhered to throughout the construction period. The statement shall provide for: parking of vehicles of site operatives and visitors; routes for construction traffic; hours of operation; method of prevention of mud being carried onto highway; pedestrian and cyclist protection; proposed temporary traffic restrictions and arrangements for the turning of vehicles.

Reason: In the interests of safe operation of the highway.

C 5. No part of the Phase 1 development hereby approved shall be occupied until the bus stands become available for use.

Reason: To ensure an adequate and satisfactory sustainable transport provision, having regard to the IoM Strategic Plan.

C 6. No part of the Phase 1 development hereby approved shall be occupied until the first 12 metres of the access on to the A5, measured from the edge of the carriageway, has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.

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REASON: In the interests of highway safety.

C 7. No part of the Phase 2 development hereby approved shall be occupied until the first 12 metres of the access on to the by-pass road, measured from the edge of the carriageway, has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.

REASON: In the interests of highway safety.

C 8. The estate roads, including footpaths, cycle paths and turning spaces, shall be constructed so as to ensure that, before it is occupied, each dwelling has been provided with a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and existing highway.

REASON: To ensure that the development is served by an adequate means of access.

C 9. No part of the development hereby approved shall be occupied until the access, turning area and parking spaces for the relevant occupied dwelling have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter.

REASON: In the interests of highway safety.

C 10. The development hereby approved shall not be occupied until the 25m metres forward visibility envelope into the site from southwest bound lane of the A5 has been cleared of any obstruction to visibility at and above a height of 0.6 metres above the nearside carriageway level. That area shall be maintained free of obstruction at all times thereafter.

REASON: In the interests of highway safety.

C 11. No development shall commence on the phase 1 site until visibility splays have been provided between the edge of the carriageway and a line extending from a point 2.4 metres back from the edge of the A5 carriageway, measured along the centre line of the access, to the points on the edge of the carriageway 120 metres to the northeast and 120 metres to the southwest from the centre of the access in accordance with the approved plans. Such splays shall thereafter be permanently maintained free from obstruction to vision above a height of 1.05 above the level of the adjacent carriageway.

REASON: In the interests of highway safety.

C 12. No part of the development shall be occupied until a scheme for improving for pedestrian use, where necessary:

· the existing footway on the southeast side of the A5 between the new access and the junction of Ballabridson Park and · the section of Ballahick Lane between the A5 and the site

has been submitted to and approved in writing by the Department and such improved facilities shall have been provided in accordance with the approved details.

REASON: In pursuit of sustainable transport objectives.

C 13. No development may commence until hedgerow 7 has been protected through the erection of fencing on the development side of it, in accordance with details to be provided and which fencing must be retained throughout the construction process.

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Reason: To protect the ecologically sensitive features on or near the site.

C 14. No development shall commence on site until a programme of archaeological work, to include excavations where required, has been submitted to and approved in writing by the Department. The programme shall indicate the degree of supervision by a qualified archaeologist. The development shall not be carried out unless in accordance with the programme of archaeological work so approved.

Reason: To ensure that archaeological remains and features are adequately recorded.

C 15. Prior to the commencement of any work including site clearance or soil stripping, a Precautionary Working Method Statement (PWMS) with Reasonable Avoidance Measures (RAMS) for lizards, frogs and breeding birds must be approved by the Department and the development undertaken in accordance with these details.

Reason: to ensure that the development complies with Environment Policy 4.

C 16. Prior to the commencement of work on the drainage attenuation area, a detailed planting scheme must be approved by the Department and the development undertaken with these details. Such planting should aim to enable the area to be used by the public but also to maximise where practicable, the opportunity for the creation of appropriate ecological habitat which would not be compromised by public access.

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

C 17. Prior to the occupation of any dwellings, details of starling and house sparrow nest boxes to be installed as part of the development must be approved by the Department and the development undertaken in accordance with these details.

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

C 18. No work may commence upon the construction of the flood attenuation area until such times as there has been approved by the Department a scheme for the future ownership and maintenance of this feature.

Reason: To ensure that the facility is maintained to accommodate water from the proposed development.

C 19. Notwithstanding the provisions of the Town and Country Planning (Permitted Development)Order 2012), no walling or fencing other than is shown on the approved plans may be erected on the following plots where the proposed walling or fencing would abut the railway line, the A5 highway or existing dwellings:

A1, A10, A32-A40, A46, A47-A55, A56-A61, A97 B10-13, B17-B37, B41, B42

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

N 1. The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 15th July 2019. The issue of the decision notice has been triggered by the Section 13 agreement having been concluded. The 21 days for appeal (for those with Interested Person Status) runs from the date of the decision notice.

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Plans/Drawings/Information

This decision relates to the following drawings received on 12th February, 2019:

ADR-504 ADR-505 M125 12-384-DE-100-005C 12/384/DE/100/001C 12/384/DE/100/002C 12/384/DE/100/003C 12/384/DE/100/004C 13.01 14.01 14.02 14.03 14.05 14.06 14.07 14.08 15.01 15.02 15.03 15.04 15.05 15.06 15.07 15.08 15.09 15.10 15.11 15.12 15.13 15.14 15.15 21.01 2333/E/02/P0 2333/E/01/P0

and these received on 31st May, 2019

02.02A 02.03C 02.04C 02.05A 02.08A 02.10A 02.11A 03.01A 06.03A 06.04A 07.01A 07.02A 07.03A 09.01A 09.02A

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09.03 10.01A 10.02A 14.04A 15.16A 15.17

ADR-500A ADR-501A ADR-502A 2333 ADR-503A.