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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 24/00055/B Applicant : Dandara Homes Limited Proposal Development of 92 dwellings, highways and drainage Infrastructure, and public open space; redevelopment of redundant farm building group at Ballaterson Farm with replacement dwelling and conversion of outbuildings to form tourist accommodation Site Address Land Adjacent To Castle View Nursing Home, Glenfaba Rise And Peel Golf Course Peel Isle Of Man IM5 3AB
Case Officer :
Russell Williams Photo Taken :
Site Visit :
Expected Decision Level
Recommendation
Recommended Decision: Permitted Date of Recommendation 23.08.2024
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. Prior to first occupation of any dwelling, the site access and layout shown on drawings GFB2_APL_56 - Proposed Site Layout - Highways Adopted Plan and GFB2_APL_01 Rev f - Proposed Site Plan shall be provided and be permanently retained thereafter. Nothing shall be planted, erected and/or allowed to grow within the visibility splays above a height of 1 metre above ground level.
Reason: In the interest of Highway Safety (Transport Policy 4 & 6).
C 3. Prior to the first occupation of any dwelling hereby approved, the visibility splays for internal site layout accesses and internal bend forward visibility splays shall be provided in accordance with drawings GFB2_APL_30 and GFB2_APL_40 and GFB2_APL_41 and said works shall be retained thereafter.
Reason: In the interest of Highway Safety (Transport Policy 4 & 6).
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C 4. Prior to the first occupation of any dwelling hereby permitted all private drives, driveways and associated parking areas, and parking courts and private parking spaces shall be properly consolidated and hard surfaced and drained and shall thereafter be maintained.
Reason: In the interest of securing safe and useable parking spaces for highway safety.
C 5. Prior to the occupation of any dwelling hereby approved the parking spaces which serve that dwelling shall be provided in accordance with the approved drawing GFB2_APL_03 Rev C and such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
The estate roads, including footways, shall be constructed so as to ensure that, before it is completed, each dwelling has been provided with a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling or unit and the existing highway at Glenfaba Road.
Reason: To ensure that the development is served by an adequate means of access (Transport Policy 4 & 6).
C 6. Prior to first occupation of any dwelling hereby approved without a garage, details of the cycle storage provision at a rate of one storage space per bedroom shall be submitted in writing for approval by the Department and the approved cycle storage scheme shall be completed prior to the occupation of the dwelling and retained thereafter for its intended purpose.
Reason: To ensure that the development is served by adequate cycle storage to meet sustainable travel aims (Active Travel/Manual for Manx Roads).
C 7. Prior to the occupation of any dwelling hereby approvals, the following offsite highway works shall be fully completed:
a. 4 pedestrian improvements as per plan GFB2_APL_55 b. A non-motorised connection onto Glenfaba Road c. Raised traffic calming, drop kerbs and kerb radii markings at Raad Roagan as per plan GFB2_APL_01 Ref f
Reason: In the interests of highway safety and providing and promoting sustainable travel options to future residents (Active Travel/Manual for Manx Roads).
C 8. Prior to first occupation of each relevant dwelling, bird boxes, bat boxes and bee bricks, in accordance with the details specified on Drawing No. GFB2_APL_34 Rev B (Bat Bee and Bird Plan), shall be provided on that dwelling prior to its occupation. Once provided, the bird boxes, bat boxes and bee bricks shall be retained thereafter.
Reason: To safeguard statutorily protected species and in the interest of biodiversity (Environmental Policy 4 & 5).
C 9. . During the construction phase, no works shall take place within any Construction Exclusion Areas (CEA) identified on the Site Plan with Construction Exclusion Areas (Drawing No. GFB2_APL_37). Such shall exclude the storage of materials and the use (including parking) of construction vehicles or plant. The CEA shall be separated from construction areas by heras fencing (where existing field boundary fences/hedges are not already in place) and shall be retained until works are complete. Reason: To safeguard statutorily protected species, their habitats and in the interest of biodiversity (Environmental Policy 4 & 5.
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C 10. No external lighting may be introduced until a lighting scheme has been approved by the Department which demonstrates that lighting will be directed away from the perimeter hedging and the development must be undertaken in accordance with these approved details and the lighting retained as such thereafter.
Reason: to ensure that the development does not adversely affect the perimeter hedging which has ecological value.
C 11. The approved landscaping scheme as shown on drawing no. GFB2_APL_30 Rev C (Landscaping Plan) and GFB2_APL_31 Rev B (Planting Schedule) shall be carried out in full accordance with the approved details. The works shall be carried out during the first available planting season following the first occupation of any dwellinghouse or in accordance with the programme agreed in writing with the Department.
Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.
Reason: To ensure appropriate mitigation for the loss of trees is secured, in the interest of landscape character and biodiversity.
C 12. Prior to the commencement of development, including works of site clearance and ground preparation, the tree protection measures set out on drawing no. GFB2_APL_33 Rev B shall be fully implemented and maintained throughout the construction phase. Reason: To ensure appropriate protection for trees and hedgerows are secured.
C 13. Prior to any works above damp proof course a scheme for the design and layout of the proposed areas of public open space as shown on drawing GFB"_APL_25 Rev C (Public Open Space Provision), including the position of equipment, and the boundary treatment to prevent vehicles entering or parking within it, must be approved in writing by the Department, and the development must be undertaken in accordance with this scheme. The delivery of public open space and the approved protection measures shall be undertaken and completed prior to the completion of the final dwelling in each phase.
Reason: To ensure that public open space is safe for use and that its layout is not detrimental to the living conditions of the occupants of adjacent dwellings.
C 14. The temporary sewage treatment plant and all associated infrastructure must be decommissioned and removed from the site within 3 months of the new public foul sewer system within Peel becoming connected to IRIS or any subsequent replacement scheme. Reason: To ensure that the development is served by adopted sewage treatment infrastructure for its lifetime, in the interests of environmental protection.
C 15. Prior to the temporary sewage treatment plant being decommissioned and removed from site, a land restoration plan shall be submitted to and approved in writing by the Department. The Restoration Plan shall include all details of how the land shall be reinstated, including materials site levels and planting and it shall set out how the land will be used thereafter.
Reason: In the interests of public safety and amenity in the area.
C 16. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), other than those expressly authorised by this planning permission, no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house without the prior written approval of the Department.
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Reason: In the interests of visual amenities in the area (General Policy 2).
C 17. The 3no. holiday lets hereby approved shall not be used or occupied other than for the purpose of short-let holiday accommodation and shall not be used as a separate dwelling. The accommodation hereby approved shall not be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any calendar year.
Reason: To ensure that the development is only used and occupied as short let holiday accommodation and to prevent the creation of an unjustified separate dwelling in the countryside.
N 1. The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 16th September 2024. 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.
This application has been recommended for approval for the following reason. The application provides a high quality residential development on land that is within a sustainable and accessible location. The land is designated as "Predominantly Residential" use in the Local Plan. The development can be delivered without giving rise to any significant adverse impacts upon the local area and matters relating to highways, ecology, residential amenity, drainage or other matters of material planning relevance.
For the reasons indicated within this report the development will comply with the planning policies of the IOM Strategic Plan 2016 outlined within this report, the Residential Design Guide 2021, Peel Local Plan 1989 and Manual for Manx Roads.
It is recommended that the planning application be approved for the reasons given, subject to the Section 13 Legal Agreement been signed and the conditions listed.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 16/01/2024:
Site Plan in context A1 1:1000 GFB2_APL_01 f Site Plan as proposed A0 1:500 GFB2_APL_03 c Street Elevation A1 1:200 GFB2_APL_05 Street Elevation A1 1:200 GFB2_APL_06 Street Elevation A1 1:200 GFB2_APL_07 Rev A Existing Barn & 2 Storey Cottage A1 1:100 GFB2_APL_08 Existing Single Storey Barn A2 1:100 GFB2_APL_09 Barn Conversion as proposed A1 1:100 GFB2_APL_10 Farmhouse as proposed A1 1:100 GFB2_APL_11 a Farmhouse Detached Garage as proposed A3 1:50/1:100 GFB2_APL_12 Holly House type Plots 90-92 A1 1:50/1:100 GFB2_APL_13 Proposed Barn as Carport A2 1:100 GFB2_APL_14 a Site Location Plan A1 1:2000 GFB2_APL_20 Site Plan as existing A1 1:1000 GFB2_APL_21 b Existing Farmhouse A2 1:100 GFB2_APL_22 _ Site Plan Affordable Housing S13 A1 1:1250 GFB2_APL_58 Site Plan Public Open Space Provision A1 1:1250 GFB2_APL_26 c Site Sections A3 1:500 GFB2_APL_27 Landscaping Plan A1 1:1000 GFB2_APL_30 c Planting A1 NTS GFB2_APL_31 b
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Tree Protection Plan A1 1:1250 GFB2_APL_33 _ a Bat & Bird Box Plan A1 1:1250 GFB2_APL_34 b Construction Exclusion Areas A1 1:500 GFB2_APL_37 Vehicle tracking-refuse sheet 1 A0 1:200 GFB2_APL_40 b Vehicle tracking-refuse sheet 2 A0 1:200 GFB2_APL_41 b Vehicle tracking- refuse & car passing sheet 1 A0 1:200 GFB2_APL_42 b Vehicle tracking-refuse & car passing sheet 2 A0 1:200 GFB2_APL_43 b Car passing-sheet 1 A0 1:200 GFB2_APL_44 b Car passing -sheet 2 A0 1:200 GFB2_APL_45 b Proposed bund A3 GFB2_APL_50 a Car Route to QEII & Peel Clothworkers A3 NTS GFB2_APL_54 Walking Route to QEII & Peel Clothworkers A3 NTS GFB2_APL_55 _ a Highways Adoption Plan A1 1:1000 GFB2_APL_56 _ a Plot Density A0 1:500 GFB2_APL_60 Condition Survey- Barns Report GFB2_S_00001 Condition Survey- Farmhouse Report GFB2_S_00002 Design Statement Part 1 Report Design Statement Part 2 Report Design Statement Part 3 Report Tree Survey as existing A1 1:750 TS-310523 Tree Survey data Report Storage Tank Calculations Report GFB2_ST Road & Drainage Plan A0 1:500 GF2_C_90001 P02 Impermeable Areas A0 1:500 GF2_C_90002 P02 Gully Areas A0 1:500 GF2_C_90003 P02 Sewage Treatment Plan Details Report MUA substation A0 1:50 M150 Santon - House Type A1 1:50,1:100 309 (C) Santon G - House Type A1 1:50,1:100 310 (C) Holly - House Type A1 1:50,1:100 312 (C) Holly G - House Type A1 1:50,1:100 313 (C) Birch 2 - House Type A1 1:50,1:100 314 (C) Birch3 - House Type A1 1:50,1:100 315 (C) Hawthorn with Sunroom - House Type A1 1:50,1:100 316 (C) Oak House Type A1 1:50,1:100 317 (C) Holly G (Detached) - House Type A1 1:50,1:100 313 (C) Cedar House Type A1 1:50,1:100 328 (C)
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Interested Person Status
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
DFE Business Agency Manx Utilities DOI Public Estates and Housing
It is recommended that the following Commissioners should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations, as set out in Development Procedure Order 2019:
German
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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 4(2):
43 Raad Roagan 35 Raad Roagan 2 Close Skeddan 6 Close Skeddan 16 Close Skeddan
as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status.
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 4(2):
Hon Kate Lord Brennan MHK - Constituency MHK Petition received on 19 March 2024
as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with the Policy and do not satisfy the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status.
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are considered to have insufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
43 Raad Roagan 35 Raad Roagan - comment 13 6 Close Skeddan
as while they are within 20m of the application they do not satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status, as they do not explain how they consider the proposal affects the lawful use of the land.
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 4(2):
19 Ballellis Ballawattleworth Estate Peel Isle Of Man IM5 1WZ 37 Stanley Terrace Christian Street Peel Isle Of Man IM5 1NP Albany House 9 Albany Road Peel Isle Of Man IM5 1JS Rose Dene Patrick Road St Johns Isle Of Man IM4 3BP 58 Glenfaba Road Peel Isle Of Man IM5 1DA 11A Creggans Avenue Peel Isle Of Man IM5 1DD Lower Ballakaighin Ramsey Road Peel Isle Of Man IM5 2AQ 5 Raad Rogan Peel Isle of Man IM5 1DY 2 Glen View South Cape Laxey Isle Of Man IM4 7HY 10 Gib Lane Peel Isle Of Man IM5 1PD 4 Ballaquane Avenue Peel Isle Of Man IM5 1PR
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2 Boilley Spittal Peel Isle Of Man IM5 1BW 27 Creggans Avenue Peel Isle Of Man IM5 1DE 13 Snaefell Crescent Onchan Isle Of Man IM3 4NH 24 Stanley Road Peel Isle Of Man IM5 1NY 2 Ballaquane Avenue Peel Isle Of Man IM5 1PR 9 Ballaterson Road Peel Isle Of Man IM5 1BJ
are not within 20m of the application site and do not satisfy the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status.
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Officer’s Report
THIS APPLICATION IS BEFORE PLANNING COMMITTEE AS IT WOULD BE SUBJECT TO A LEGAL AGREEMENT
0.0 PREAMBLE 0.1 The site visit was carried out on 6 September 2021.
1.0 THE SITE 1.1 The application site has an area of approximately 8.3 hectares and consists primarily of agricultural fields which are located immediately to the south & south east of Castle View Nursing Home and the Glenfaba Rise residential development on the south western side of Peel.
1.2 The five northern-most fields are used for agricultural grazing and are bounded by sod banks/hedges with trees planting whilst the fields to the south comprise a relatively steep-sided valley with a watercourse at the bottom, being more heavily vegetated towards its western boundary. 1.3 The site includes the former farmhouse and outbuildings of Ballaterson Farm, which are unused at present. The farmhouse is a two storey dwelling which has been renovated over time, with a smaller stone outbuilding attached at one gable end.
1.4 The adjacent farmyard is enclosed by outbuildings of varying size and style, some of which are formed from traditional materials, being stone walls, slate roofs. 1.5 The northern fields of the application site are shared with the rear gardens of existing dwellings within Glenfaba Rise. Those dwellings are all two storey and include detached, semi- detached and terraced properties.
1.6 Peel Golf Course adjoins the site to the north, east and south, with a further agricultural field to the south of the Ballaterson Farm.
2.0 THE PROPOSAL 2.1 The application seeks detailed planning approval for the erection of 92 dwellinghouses together with public open space, highway and drainage infrastructure on land east of Glenfaba Road and Castle View Nursing Home.
2.2 The proposed development also includes the redevelopment of Ballaterson Farm, a former complex of traditional agricultural barns and farmhouse. The existing farmhouse will be replaced with a new dwelling and the traditional barns will be converted into 4 self-contained holiday lets.
2.3 The application includes the provision of affordable homes at a rate of 25%, which will be secured on-site or through a financial contribution for off-site provision if all 23 are not required by DOI Housing.
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2.4 The development proposes to form vehicular access off Glenfaba Rise (Raad Rogan) which will connect directly onto Glenfaba Road. The proposed highway enters the site and makes several circular routes by connecting into the existing highway to the north and then a new circular route within the new estate. Pedestrian and cycle connections are provided throughout the site, with cul-de-sacs around the former Ballaterson Farm site. The new estate road will be constructed to adoptable standards. Parking provision is made across the site with a minimum provision of 2 spaces per dwelling, though some larger units have 3 off road parking spaces with garages.
2.5 Foul water drainage will connect into the existing MUA utilities within Glenfaba Road. In order to address issues with the lack of a sewage treatment works at Peel, the applicant proposes to construct a temporary sewage treatment plant on the application site. This will screen and treat effluent from the proposed development before discharging treated water into the MUA system.
2.6 Surface water will be captures and attenuated onsite. Surface water will be stored in below ground surface water storage tanks and discharged into the adjoining watercourse to the southern edge of the site at greenfield runoff rates, with a hydrobrake controlling flows.
2.7 A large area of Public Open Space (POS) will be located on the western side of the development, which is large and open enough to be used for a range of recreation and play purposes (i.e. children's space). Public amenity space is also provided to the southern side of the site, which will introduce footpaths with bench seating to the northern side of the stream valley, offering public access to the countryside.
2.8 The site layout has been designed to retain the existing hedgerows and where necessary these hedges will be enhanced with the planting of predominantly native Manx species. The landscaping proposals include new woodland tree planting with under storey shrub, woodland mix planting and areas of new wildflower meadow to the POS and informal open space. The estate roads will benefit from tree lined streets and some areas of new hedgerow planting are proposed across the site. Plot frontages will include areas of ornamental planting. A landscaped bund will be constructed to the eastern corner of the site between a small section of the development and golf course.
2.9 Since its first submission, the application has been updated following the receipt of amended and further information, plans and reports from the applicant. Further consultations over the amended details have been undertaken prior to preparing this report.
3.0 KEY DOCUMENTS/PLANNING POLICY
MATERIAL CONSIDERATIONS 3.1 Section 10(4) of the Town and Country Planning Act states: "In dealing with an application for planning approval... the Department shall have regard to - (a) The provisions of the development plan, so far as material to the application, (b) Any relevant statement of planning policy under section 3; (c) Such other considerations as may be specified for the purpose of this subsection in a development order or a development procedure order, so far as material to the application; and (d) All other material considerations."
LOCAL PLAN 3.2 The application site is designated on the Peel Local Plan as Predominantly Residential and outside the town's Conservation Area. The Plan was adopted in 1989 and at that time, part of the application site, along with other parts of the town, lay outside the administrative town boundaries. A boundary revision was undertaken in 2003 which incorporated a swathe of land to the east and south of the town from the outlying parish areas and the application site
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including the surface water routes to the river, now lies within the administrative local authority area of Peel.
3.3 The Written Statement accompanying the Local Plan map states at the start of the residential section that "Additional residential development for Peel is seen as being a priority" (5.1) and "Land for residential development on the perimeter of the town will be allocated" (5.3).
3.4 The Local Plan specifically refers to "an area between Glenfaba Road and the Golf Course (5.10c). Paragraph 5.14 states, "New residential development will be to appropriate densities in order both to meet the requirements of the population and to reduce the impact on the countryside".
ISLE OF MAN STRATEGIC PLAN 3.5 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application.
Strategic Policy 1 Efficient use of land and resources 2 Priority for new development to identified towns and villages 3 To respect the character of our towns and villages 4 Protection of built heritage and landscape conservation 5 Design and visual impact 8 Tourist development proposals 10 Sustainable transport 11 Housing Needs
Spatial Policy 2 Identified Peel as a Service Centre 5 Building in defined settlements or in line with General Policy 3
General Policy 2 General Development Considerations 4 Section 13 Agreements
Environment Policy 4 Wildlife and Nature Conservation 5 Ecological Impacts 10 Flood Risk Assessments 13 No unacceptable risk of Flooding 14 Loss of agricultural land 16 Use of rural buildings for new purposes 22 Development will not be permitted where it adversely impacts upon the environment or amenity 42 Respect the local character and identity
Housing Policy 1 General need for additional housing from 2011 -2026 2 Supply of designated housing land available 3 Defined housing provision per area 4 Location of new housing and exceptions 5 Provisions for 25% affordable Housing 6 Development Briefs 12 Replacement dwellings in the countryside
Business Policy
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12 Conversion of redundant buildings in the countryside to tourism 14 Tourism development
Recreational Policy 3 Requirement for Landscaped amenity areas 4 Requirement for Public open space
Community Policy 10 Fire Fighting provisions
Transport Policy 1 Be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes. 2 Provision for new links 4 Highway Safety 5 Design of Highway Network Improvements 6 Equal weight for vehicles and pedestrians 7 Parking Provisions 8 Requirements for Transport Assessments
Energy Policy 5 Energy Efficiency
4.0 PLANNING HISTORY 4.1 The application site benefits from the following planning history:
PA 19/01155/B - Field South of Ballaterson Meadow - Erection of 47 dwellinghouses - Approved
5.0 CONSULTATIONS 5.1 Peel Town Commissioners - Oppose the proposals. The development requires the construction of the sewerage treatment works not only to treat effluent but to provide a commodious sustainable transport link via the sewerage treatment plant access road to the commuter and leisure Peel-Douglas Heritage Trail. The public open space for the development is largely located around the stream which is in accessible to the public and is largely designed as a wildlife area. The walking and cycling routes to other locations are not direct or commodious particularly to the schools, doctors and other Town centre facilities. The route must negotiate the busy Albany Road/Douglas Road/Queens Drive junction which does not have a controlled crossing or school crossing patrol provision. The absence of these facilities will decrease the likelihood of these modes of transport being used to gain safe to the schools.
5.2 German Parish Commissioners - we do not have the necessary infrastructure to support such a development and Peel's infrastructure is already failing. Until a new sewerage plant is built, we cannot consider any planning applications. The schools and doctors surgeries are already over capacity and cannot cope with the present population let alone a considerable amount more. This will be exploitation of good agricultural ground and the loss of yet another green field site in the pursuit of profit and for no other reason. A proposal of this size will be adding to the highway infrastructure which will struggle to take extra traffic on the already overburdened A1 and will put more pressure on DOI who already appear to be struggling to maintain decent road surfaces in most areas
5.3 DoI Highways Services - Comments 18 March 2024: Further consideration on layout and off-site highway works are required to encourage residents and visitors to the site to use sustainable transport modes, and off-set the development's impact on the local road network. These are summarised as follows:
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footway connections on either side of the road and reducing radii kerbs for tying in the new carriageway to the existing carriageway. 2. Internal layout issues - there are a number of items in the internal layout section above that should be assessed and commented on/addressed adequately, particularly maintaining footway provisions throughout the site, making sure the road layout is adoptable and providing adequate forward visibility on some bends. 3. Off-site highway works - there are a number of items in the off-site highway works section above that should be assessed and commented on/addressed adequately, particularly consideration for the site access design and improvements to footways and crossings into Peel. 4. Connections to the wider network - the applicant should explore public connections to the highway network from the south-west corner of the site, and assess whether there are any existing routes through the site to the east and whether these need to be accommodated within the layout. 5. Adopted margin of 600mm width should be provided on the proposed adopted roads where footway is omitted on one side or shared surface street. 6. Bus stops - the applicant should consult Bus Vannin to see if local bus stops could be improved. 7. EV charging points should be installed at construction stage and not as an option for residents to buy, or the wording of the proposals should be clarified if EV charging points will be installed at construction stage - the Travel Plan suggests that EV charging will be implemented at construction stage. 8. Flood risk issues, and surface water drainage not draining onto the existing and new public highway, need to be resolved with DOI Flood Risk and Drainage Teams.
Comments received 8 May 2024 following receipt of further information, and respond to the above points as follows:
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existing routes through the site to the east and whether these need to be accommodated within the layout. The applicant has addressed these comments based on the updated site layout plan and discussions with the applicant. The applicant believes there are no PROW connections from the site eastwards. 5. Adopted margin of 600mm width should be provided on the proposed adopted roads where footway is omitted on one side or shared surface street. This has been provide on the updated site layout plan and therefore addressed. There are two crossing points within the site layout that will need to be addressed at detailed design - these are the crossing points where the footway stops on the south-side of the site and then a 600mm margin is provided. Pedestrians will need to be directed to the footway on the opposite side of the road and therefore a dropped kerb/tactile paving crossing will be required at these locations. 6. Bus stops - the applicant should consult Bus Vannin to see if local bus stops could be improved. Bus Vannin has confirmed with the applicant that there are no local bus stops that could be improved in the local area that the development could fund. 7. EV charging points should be installed at construction stage and not as an option for residents to buy, or the wording of the proposals should be clarified if EV charging points will be installed at construction stage. The Travel Plan suggests that EV charging will be implemented at construction stage. - EV charging points have been included on the site layout plan and within the TP and therefore this item has been addressed. 8. Flood risk issues, and surface water drainage not draining onto the existing and new public highway, need to be resolved with DOI Flood Risk and Drainage Teams. This will need to be reviewed by the DOI Flood Risk and Drainage Teams.
The applicant has addressed all items requested by DOI Highway Services in previous response to the application dated 20 July 2023 and the development provides suitable access, layout, road safety, accessibility and off-site highway works proposals.
Separate permissions will be necessary with the DOI Highway Services after grant of planning consent to transfer streets from private to public ownership as highway maintainable at public expense under a S4 Highway Agreement and for works in the highway under a S109(A) Highway Agreement. Highway Licences apply for temporary closures and traffic management on the public highway etc.
5.4 DOI Public Estates and Housing - We refer to the aforementioned planning application, and we can confirm that we have looked at the detail of the application and have considered the provision of a 25% affordable housing requirement. Current data drawn from Housing Division records for Peel and the West indicates that there are 92 persons on the general public sector waiting list for affordable housing to rent. There are also 181 persons on the first-time buyers register seeking to purchase a first home in the Island. This figure is not indicative of likely final purchases as the ability to progress to completion would depend upon personal circumstances and mortgage ability at point of allocation. The Department requests that consideration be given by the Planning Committee to include a requirement, in respect of any approval granted for this site, for the applicant to enter into a Section 13 Agreement with the Department to provide affordable housing, based upon the usual calculation of 25% of the number of units approved within the application. The Department can confirm that the Affordable Housing provision has been discussed at length with the applicant and the proposed Site Plan indicates that twenty-three homes, equating to 25% of the overall residential total, are identified as being suitable for that purpose.
5.5 DEFA Inland Fisheries - I can confirm that DEFA, fisheries have no objections to this development from a fisheries perspective, provided that there is no adverse effect on the
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adjacent watercourse. As the proposed works are in close proximity to the watercourse, precautions will be needed to reduce the possibility of harmful materials such as concrete or washings entering the river.
5.6 DEFA Ecosystem Policy Team - Comments made 3 April 2024: Findings of the various ecological and arboriculture reports were noted.
At the moment, the only issue that we don't feel has been fully resolved is the mitigation for nesting swallows. Swallows have specific nesting requirements and will not take to traditional boxes, they require sheltered ledges within buildings or underneath deep overhangs, on which to build their nests. It is stated in Table 10 of the Ecological Impact Assessment that "The car port structure that will provide nesting habitat for Barn Swallow should be scheduled in such a way that nesting habitat is removed and rebuilt in the non- breeding season to allow returning bird to have continuity of a nest site". However the car port drawings show no specific modifications to allow swallows to nest, there are also no details in the CEMP regarding the timing of the building demolition and the creation of the new nesting space which ensures no loss of a breeding season. Nesting provision for 6 pairs of nesting swallows is required (see Appendix IV - Breeding bird assessment results, of Ecological Vannin's ECIA). It would be our preference that an updated car port drawing is provided prior to determination of the application so the measures can be secured via a condition. However, a condition for updated car port drawings would also be acceptable and is included below in our list of conditions. A Construction Environmental Management Plan (CEMP) accompanies the application, and in general the contents of this are acceptable. However, we are not content with section 7.1 which says "Only inert material will be imported, contamination prevention will be as per the ecological report." It would be our strong preference if the reference to a separate report was removed and instead the section from the other report inserted. It is not entirely clear which ecological report, or which section of this ecological report, is being referenced, and we believe the recommended working methods are more like to be followed if workers don't have to look at multiple documents. Additionally, we believe that construction exclusion areas around the boundary and in the south of the site are required and should be specified within the CEMP alongside the measures that will be taken to prevent damage to the retained hedges and grassland areas. The CEMP should be specific in stating how the grassland areas in the south of the site will be effectively protected when the new footpaths are being created. As stated above, additional details are also required regarding timing of works to take into account nesting swallows.
Comments 7 May 2024 - Following the receipt of further information, the Ecosystem Policy Team can confirm that we are content with the following documents: o The updated Site & Construction Environmental Management Plan - Issue 2.3, dated April 2024; o The updated Proposed Single Storey Barn as Carport Floor Plans and Elevations (Drawing No. GFB2_APL_14 Rev A); o The Site Plan with Construction Exclusion Areas (Drawing No. GFB2_APL_37).
No outstanding issues remain and conditions recommended.
5.7 DFE Business Agency - The Agency reiterates its support for these proposals which will bring social and economic benefits to both the local area and the island as a whole. When Assessed in the context of DEFA's supplementary Planning Guidance on Economic Issues the development as proposed will contribute positively to the delivery of the approved Isle of Man Economic Strategy.
5.8 Manx Utilities - Comments 1 May 2024 - The application lacks sufficient detail in order that Manx Utilities can fully assess the technical merits of the drainage proposals.
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Comments received 5 June 2024 - Manx Utilities have reviewed the above application in respect of foul and surface water drainage for the proposed development can comment as follows:- Discussions have been held with the applicant with regard to both the current drainage infrastructure and proposed drainage to serve PA 24/00055/B. Additional information/ drawings has been requested and recently submitted to address previous queries and concerns raised by Manx Utilities. The applicant has included the provision of a temporary standalone sewage treatment works to treat the wastewater flows from 92 no. dwelling on the development prior to these flows discharging into the Peel wastewater network. The treatment works has been deemed to be 'temporary' until such time as Manx Utilities construct and commission a new public wastewater treatment works for the Peel catchment. At such time the temporary treatment works for PA 24/00055/B will be abandoned and decommissioned with full wastewater flows connecting via a new pumping station into the Peel catchment. As Manx Utilities have not yet gained full planning approval for its public treatment works, the applicant must ensure that the proposed temporary sewage works to serve PA 24/00055/B is designed to continue to operate to a high standard in the event this approval is not granted in the short term. The temporary treatment works will remain private and not be considered for public adoption by Manx Utilities, it is therefore recommended that the applicant provides details of future ownership and a full maintenance regime for the continued operation of the works. The applicant is encouraged to enter into a section 8 adoption agreement with Manx Utilities for the future public adoption of the surface water and foul sewers, surface water attenuation and foul pumping station to serve the proposed development. Such submission must include full construction drawings and hydraulic calculations for both foul and surface water systems together with the surface water attenuation which is designed to accommodate flows from 1:100 yr plus 30% cc. Drainage communication fees will be chargeable for each proposed separate unit connected (directly or indirectly) to the public wastewater network. Manx Utilities will undertake all necessary inspections and testing of the proposed drainage infrastructure to be offered for public adoption.
6.0 REPRESENTATIONS
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6.1 Hon K A Lord-Brennan MHK, MHK for Glenfaba & Peel - Objection raised for the following (summarised) reasons: o There must be some constraint and conditions now both on large residential development proposals / zoning and new planning applications for significant residential development in Peel, especially where they are proposed or applied for on greenfield sites on the outskirts of town. o I appreciate that the land in question in Planning Application 24/00055/B is covered by the 1989 Peel Local Plan, which I believe and accept may already give a basis for residential development of that area. o There has been a huge amount of residential development in Peel since that plan was approved by Tynwald - far exceeding residential development elsewhere, especially given the infrastructure and local amenities. o I suggest there needs to be restraint in approval of significant large scale development in Peel on an infrastructure basis. The draft Area Plan for the North and West includes policy provision for education and health provision, and states no further significant development until a STWs are in place. o The above represents a prudent and responsible mind-set that is now needed for Peel for the existing population and challenged infrastructure capacity, and also to have a balanced town. o We need the provision in every sense to catch up with the rapid development which has been allowed. Lack of sewage treatment should be of material concern. o I would align myself with the position of German Parish Commissioners as submitted to this application. o There should be no further large scale housing until a STW is in place. o While an approval may be possible under the 1989 Local Plan it doesn't mean large- scale housing should be automatically approved. o Between 2001 and 2024 there has been 1164 dwellings approved for Peel. o Housing delivery exceeds anywhere else in the West or North and this pattern should go into abeyance o I note that PTC have submitted their view to you as a consultee in a submission from April 2024. o In respect of their reference to "local authority planning gain" and the contact they say has been made with the applicant directly in respect of this and other matters, I note that no legitimate section 13 agreements can be made without the involvement of DEFA, and furthermore that it is in hands of DEFA planning authority case officers as to whether an agreement should be sought and then to engage with stakeholders, as part of normal consultation.
6.2 A Petition objecting to the proposed development and containing 330 signatures was received by the Department on 19 March 2024. Comments made within the petition can be summarised as follows: o Lack of infrastructure o Highway safety - concern over increased traffic and highway network o Overloaded services including dentist, school, doctors etc. o Too many houses have been developed in Peel o Services are needed not houses o Green fields should be protected for food security and agriculture o There are 6000 unused homes on the Island and these should be renovated first
6.3 23 representations have been received from 21 households objecting to the proposed development. The planning related objections are summarised as follows: o How will infrastructure and services cope with further houses? o The doctors, dentist and schools are full o I am not against growing the Island, but to be sustainable the needs of the families must be catered for
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o Peel does not require further housing. Housing need in the West has been met for the Strategic Plan Period o There is limited affordable housing for young people. How many affordable homes will be provided? o Concerned that the majority of properties in our town are purchased by landlords who exploit renters with exorbitant prices o There is a pressing need for more accessible bungalow properties and nursing homes to cater to the needs of our elderly residents o The development will ruin the nature, peace and quiet in the area o The development will harm wildlife of the Glen and the heritage trail o The sewage system is not in place to support the development o Houses will be complete before the STW o Sewage in Peel is becoming an issue, lots of sanitary products have been seen on Peel beach recently. The sewage plant needs to be put in place as soon as possible. o The quality of the timber framed homes built by the applicant is questionable o Homes are not suitable for first time buyers o Expansion into the countryside will be severely detrimental to the natural beauty of the countryside surrounding Pee o Brownfield sites in need of redevelopment in Peel should take priority o Grants should be given to renovate derelict houses to make the town centre an attractive place to live o The further expansion of the existing housing estate would not be sensitive to the cultural richness and architectural beauty of Peel, which would lose its cultural appeal as a traditional Manx fishing village. o Highway safety - Patrick Road is so dangerous to drive along as it is and it will not be safe to add more cars travelling along that road. o Noise, air and dust pollution will be generate dover the build period, harming amenity and health o Construction vehicle movements will impact upon residents where traffic and parking issues already exist o Concern of access points, significant increase in vehicle movements as roads are narrow with parking on the highway o Concerns over increased traffic and danger on Albany Road and Glenfaba Road. The extra traffic that will be generated in Peel and through Patrick and along Patrick Road is also a major concern. o There have been numerous recent collisions. o Existing pavements are in poor condition and concerned with impact on pedestrian safety from increased vehicle movements o The fields are a haven for wildlife and concerned over a loss of habitat o Concern over an increase in crime and a lack of sufficient law enforcement for an increasing population o This application by Dandara fails to comply with Housing Policy 12 and should be refused. o Loss of agricultural land - contrary to Environment Policy 14 o It is highly unlikely that real biodiversity net gain will be achieved and as such this consideration should be discarded. o The River Neb with Wild Salmon and Sea Trout will be negatively affected from run off from estate into River. o The farm is not 'redundant' but was until last year a working beef farm. o Contrary to Environment Policy 1 as unneeded greenfield development as housing targets are met o The farmhouse and buildings are not zoned for development and the replacement of the farmhouse does not meet the requirements of Housing Policy 12. o The Farmhouse and buildings are of historical interest; the farmhouse was lived in until recently; it has not been abandoned; it is capable of renovation so replacement is not needed
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o The grounds out the back dip down drastically as it gets closer to the golf course, how will drainage be managed there? o Creation of construction workers jobs is not a valid argument in planning. All that may mean is the use of brought-in labour. What is needed is the training of skilled craft labour who can and are encouraged to undertake renovation work, not just the demolition job that is proposed here. o There is no thought for young people no large Hall to allow indoor games, football, basketball, discos or parties and be a youth Club during the week, rather the young people treated as a nuisance
Representations were received from residents of the following properties: 2 Boilley Spittal, Peel 4 Ballaquane Avenue, Peel 10 Gib Lane, Peel 2 Glen View, South Cape, Laxey 35 Raad Roagan 6 Close Skeddan Lower Ballakaighin, German 11a Creggans Avenue 58 Glenfaba Road Rose Dene 35 Raad Roagan Albany House , 9 Albany Road 37 Stanley Terrace 16 Skeddan Close 9 Ballaterson Road 2 Ballaquane Avenue 24 Stanley Road 13 Snaefell Crescent 2 Skeddan Close 43 Raad Roagan 19 Ballellis, Peel 5 Raad Roagan, Peel 27 Creggans Avenue
7.0 ASSESSMENT 7.1 The pertinent issues to be considered in the assessment of this application are:
Principle of development
Housing Delivery
Highway safety
Sustainable Movement Impact upon the character and appearance of the landscape Impact upon adjacent dwellinghouses
Drainage
Ecology & Trees
Affordable housing
Public open space Replacement farmhouse and barn conversions
PRINCIPLE OF DEVELOPMENT
7.2 The starting point is to acknowledge that The Act and the Strategic Plan make it clear that in determining applications for development, the provisions of the development plan should
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be considered, along with any other material considerations. The Peel Local Plan 1989 also falls to be considered in the determination of the application.
7.3 Having regard to the application site, the land is designated for development and is identified on the Peel Local Plan Map as being allocated for "Predominantly Residential" development. Whilst the Peel Local Plan was adopted over thirty years ago, there has been no revision of this and as such the land used designations continue to carry full weight in the determination of the application.
7.4 Section 5.0 of the Peel Local Plan states that additional residential development at Peel will be a priority and that policies will encourage such development. Para 5.3 of the Plan states that "Land for residential development on the perimeter of the town will be allocated", and this designation applies to the application site.
7.5 Spatial Policy 2 states, inter alia, that outside Douglas housing development will be concentrated at Services Centres, including Peel. It goes on to confirm that Area Plans will define the development boundaries of such centres in order to provide a range of opportunities for new development, including housing. The West area does not currently have an adopted Area Plan, though the Draft Area Plan for the North and West has just passed through public examination. The Inspectors report is anticipated around the end of September.
7.6 Draft Proposals Map 6 (Peel) identifies the application as being allocated for "Predominantly Residential" use, which aligns with its existing designation under the Peel Local Plan.
7.7 The site abuts existing residential development and can be satisfactorily served by existing infrastructure (according to the relevant statutory authorities). The site is in a sustainable location on the edge of the town and accessible by foot, bicycle and motor vehicle, with public transport available in the area.
7.8 It is clear from the land use designation and allocation under the Peel Local Plan that the principle of development is acceptable on this site, subject to material considerations being satisfied.
HOUSING DELIVERY 7.9 The application seeks permission for the development of 92 dwellings on the edge of Peel town. Objections have been received stating that the town of Peel and the West area of the Island does not require any further housing delivery over and above that already secured 1164 new dwellings at Peel between 2001 and 2024.
7.10 Housing Policy 1 of the Strategic Plan states that in order to meet the forecast population increase on the Island, provision shall be made for development opportunities to deliver 5100 additional dwelling between 2011 and 2026.
7.11 Housing Policy 3 states that in order to meet the 5100 dwelling target, spatial distribution of housing will require 770 dwellings to be developed in the West.
7.12 The Residential Land Availability Study (May 2024) has assessed housing delivery and land availability to ensure that sufficient land is available in order to meet housing requirements. Table Set 5 (West) indicates that between 1 July 2011 and 2 April 2024, a total of 474 new build dwellings were delivered in the West, which increases to 514 when conversions are included. As such, a further 250 dwellings are still required through to 2026 in order for the Strategic Plan housing target to be met. Whilst it is acknowledged that significant housing growth has occurred in the West area and in particular at Peel since 2001, the housing delivery statistics clearly indicate that further housing is required.
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7.13 Objectors have raised concerns over the lack of capacity in local services/facilities. The development will have an impact upon public services (GPs/dentists, school capacities) given additional persons would live in the catchment of such services. However, it it is not considered this impacts would be significantly adverse and not a matter which this application alone could necessary address. It does not therefore fall to be a reason for refusal.
7.14 Having regard to the above, the proposed development is not considered to represent an unnecessary residential development that would conflict with the housing delivery strategy set out within the Strategy Plan.
HIGHWAY SAFETY 7.15 Access is proposed from 2no. 5.5 metre wide residential streets with generally 2.0 metre wide footways to both sides from a reconfigured access serving the recently completed development of 47 houses to the north. The application is supported by a Transport Assessment, completed by Bryan G Hall; the TA assesses the impact of the proposed development upon highway infrastructure as well as matters of accessibility, connectivity and sustainable transport.
7.16 The proposed development seeks to create a new vehicular access off Glenfaba Rise (Raad Rogan) which will connect directly onto Glenfaba Road. Essentially, the highway at Raad Rogan will be extended to its south western end where the highway terminates as a cul-de-sac, with a new section of highway being created to turn Raad Rogan into a circular route. The proposed development will construct a new T-junction with Raad Rogan and a secondary vehicular access will be formed off an existing turning head. Each of the two access points have visibility splays of 2.4m x 25m.
7.17 The proposed highway layout will create several circular routes by connecting into the existing highway to the north and the main highway layout within the site is also a loop arrangement linking to Phase 1. The provision of the new section of highway alongside the boundary of Castle View Nursing Home will allow access to the proposed development (for new residents and construction traffic) without the need to travel through the existing Glenfaba Rise/Raad Rogan housing estate.
7.18 The new estate road will provides a number of pedestrian crossing points, which have been updated and amended during the application process.
7.19 Within the site there are a series of residential streets and shared surface highways that provide access to the 92 dwellings. The residential streets have been designed to achieve a target traffic speed of 20mph and the shared surface roads a 15mph target traffic speed. Such accords with the requirements of Manx Manual for Roads.
7.20 The highway design and site layout propose a network of informal footpaths to be provided throughout the site. These connections will provide shorter and more attractive routes than the wider highway layout, which will provide improved accessibility to leisure routes to/from areas to the south for both residents of Phase 2 and existing residents to the north.
7.21 Transport Policy 4 states that "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."
7.22 In addition, Transport Policy 6 states that in designing new development, the needs of pedestrians should be given similar weight to the needs of other road users. During the application process, the applicant has revised the access design in order to accommodate improved visibility for pedestrians and reduce speeds on junctions with large radii. The applicant has also made a number of other amendments to the highway design proposals in
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order to address the original comments of Highways, including the provision of a new pedestrian footway connection to Glenfaba Road.
7.23 It is acknowledged that a number of objections have been received regarding the transport impacts of the development upon existing residents of the neighbouring estate and along Glenfaba Road. Concerns over highway capacity, conflict with vehicles parked along the roadside and other road users are noted. However, the proposed development is accessed via a network of roads that meet the MfMR design standards and if there are pre-existing issues with parking for phase 1 then it is not for this development to resolve those issues.
7.24 The supporting Transport Statement provides a Baseline Operational Assessment of the future residential use of the site in year 2028. Using the forecast 2028 baseline flows at Appendix BGH11, the operation of the surveyed Ballaterson Meadow/Glenfaba Road and Queens Drive/Tynwald Road junction in the absence of the proposed development have been analysed. The results indicate that the development would operate well within the highway capacity and will not give rise to significant queuing etc. along Ballaterson Meadow/Glenfaba Road or Queens Drive/Tynwald Road.
7.25 The TA notes that surveys carried out in the Isle of Man show residential development typically generates 0.6-0.8 vehicles per dwelling during the morning and evening peak periods. The estimated development generated flows have been calculated using the 0.6-0.8 vehicles per dwelling range (highest range available. The TA concludes that at a rate of 0.8 vehicles per dwelling, 92 dwellings will generate some 74 vehicle movements during both the morning and evening peak hours and less at other hours of the day.
7.26 The TA has also carried out a capacity assessment of various movement routes within the immediate and connected highway network around Peel. The assessment concludes by stating that "the operational assessment results show that the local highway network will continue to operate well within capacity, the development generated vehicles movements do not materially impact upon the operational characteristics of Ballaterson Meadow or its junction with Glenfaba Road at peak times and hence will not result in significant impact on the wider highway network."
7.27 To conclude, the proposed highway design is considered to meet the required safety standards and it has been demonstrated by the Transport Assessment and accepted by Officers and Highway Officers that the development will provide a safe highway environment for all users. Furthermore, the development of 92 dwellings will not give rise to a significant increase in vehicle movement such that the capacity of the highway network in the area would be overloaded. It is noted that DOI Highways have now advised that all outstanding design and road safety issue shave been addressed and that there is no objection to the proposed development.
7.28 DOI Highways have requested various planning conditions which have been added, but those relating to compliance with the Travel Plan, driveway/footway gradients and compliance with the CEMP have not been included as they are not considered to be enforceable and are covered by separate legislation. Having regard to the above matters, the proposed highway design is considered to comply with the provisions of General Policy 2, Strategic Policy 10 and Transport Policies 1, 4 and 6. It also complies with the design criteria laid out within the Manx Manual for Roads and is considered to be acceptable.
SUSTAINABLE MOVEMENT 7.29 The application site is located to the southern edge of Peel town and it is therefore important to ensure that future occupiers of the development can access services and facilities generally required on a day to basis in a sustainable manner, and without reliance upon the private motor vehicle.
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7.30 Transport Policy 1 requires new development to be located close to public transport routes, including pedestrian, cycle and train routes. Transport Policy 2 requires development to make provision for new bus, pedestrian and cycle routes, including links into existing systems.
7.31 The development connects directly into existing highways, including pedestrian footways that provide access to Glenfaba Road and the wider townscape of Peel. There are no cycle ways in the immediate vicinity of the site. It is noted that Peel Clothworkers Primary School and Queen Elizabeth II High School are also located within a 1.26 km walk respectively from the site.
7.32 Regarding Bus Services, the 4B and 8R travel along Glenfaba Road past Ballaterson Meadows and onto Queens Drive. There are bus stops to both sides of Glenfaba Road near to No.7 Cronk Close and passengers currently hail a ride on Glenfaba Road.
7.33 The application includes mapping that shows movement routes to key services and facilities in the area and it is generally accepted that these care accessible via a range of sustainable movement options.
7.34 The application site is well located for future residents to walk or cycle safely to local facilities or use a bus services to more distant destinations, without fostering the need to travel by private motor vehicle. The modal shift towards sustainable movement will be encouraged through measures outlined within the submitted Travel Plan/
7.35 The proposed development is considered to suitably encourage people to walk, cycle or use public transport in accordance with Transport Policies 1 and 2 of the Strategic Plan and the aims and objectives of the Active Travel Strategy and the Net Zero Emissions by 2050 action plan.
DESIGN AND IMPACT UPON THE CHARACTER AND APPEARANCE OF THE LANDSCAPE 7.36 The application site comprises of 9 agricultural fields and buildings extending to some 8.3 hectares. The land is generally of a gently rolling topography, with a steeper fall to the southern side where the land descends into a valet with water course.
7.37 The site is framed by a modern housing estate to the northern boundary, large care home to the northwest and the former farmhouse and traditional farm buildings to the west. To the south and west are the golf course and further agricultural land. General Policy 2 seeks to ensure that development proposals respect the site and surroundings in regard to siting, layout, scale, form, design and landscaping of buildings and the spaces around them. It further expects development not to adversely affect the character of the surrounding landscape or townscape.
7.38 Environment Policy 1 states that "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
7.39 The application site is well related to the contiguous built up area of Peel and recent new housing development. It is also pertinent to note that with the land being designated as "Predominantly Residential" there has been a long standing expectation that the site may well be developed for housing. That being the case the inevitable change to the character and appearance of the area through the built form and appearance of buildings and infrastructure on open fields does not give rise to an in-principle objection on landscape grounds. Notwithstanding, due regard should still be had to the overall design of the development and its relationship with the town and countryside setting.
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7.40 The application site is visible at short range from Glenfaba Road and from the housing estate to the north. Otherwise, public vantage points are more limited from the south and east, including along the A1 which is heavily lined with tree and hedgerows preventing longer views over the golf course towards the site.
7.41 The western and central sections of the application site and proposed dwellings relate well visually to the first phase of housing which has now been completed by the applicant. The greatest impact upon the character and appearance of the landscape will arise from the eastern parcel of development which projects further out into the open countryside and would be partially framed by the adjoining golf course.
7.42 The layout of the application site is considered to suitably reflect the established pattern of development within the immediate setting of the site. It is also reasonable to conclude that the scale and appearance of the proposed house types are acceptable and respect the established built for to the north. External materials and the appearance of the development as proposed will be largely in keeping with the adjacent development that was built out by the applicant. This will ensure that this next phase of housing assimilates well with the adjacent townscape.
7.43 The development proposes a mix of development densities across the site, with higher density housing in the central and northwest areas and lower densities around the former farmhouse and the eastern parcel of development. This approach is supported and ensures that the development makes an effective use of land whilst not giving rise to harmful impacts upon the landscape that might otherwise arise out a development that comprises solely of high density housing.
7.44 The eastern parcel of development is framed by the circular road running around the southern side of the built-up area. All dwellings will be located centrally within the highway, with frontages facing south, providing outlook and a strong road frontage interacting with public open space and the countryside beyond. Such a design approach is supported, as it will avoid rear gardens backing onto the POS, which would have a negative visual impact due to fencing and domestic paraphernalia being seen in views looking into the development from the countryside/golf course.
7.45 The development proposes a significant amount of POS and landscaping within and around the built up development, but especially to the southern side of the site where areas of tree and shrub planting are proposed/ The POS and landscaping proposals will soften the overall appearance and impact of the development when viewed from public vantage points to the south and west.
7.46 Overall, it is considered that the density, design, layout, landscaping and housing sizes/types will ensure that the development would not adversely affect the character of the surrounding landscape and townscape and respects the setting of the site. The development will therefore comply with General Policy 2, Strategic Policy 4 & 5 and Environment Policies 1 and 42 and Strategic Policy 1.
IMPACT UPON RESIDENTIAL AMENITY AND ADJACENT DWELLINGHOUSES 7.47 The proposed development will introduce built form along the southern of those properties at 4-18 Skeddan Close (odd numbers only) and 33-41 Raad Rogan (odd numbers only). These properties currently have rear gardens backing onto the site and an open view to the south of uninterrupted countryside.
7.48 The proposed development will result in rows or two storey terraced dwellinghouses and one pair of semi-detached dwellings being erected within said views. The rear gardens of the
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new hosing will be offset from existing gardens with hedgerow and fencing provided between gardens that will back onto one another.
7.49 The erection of built form to the rear and adjacent to existing dwellings will give rise to an inevitable loss of views to the south, although a loss of view is not a material planning consideration.
7.50 The Residential Design Guidance provides advice on how new development can avoid having an unacceptable impact on the amenity existing dwellings and General Policy 2 (g) also states that development will be permitted provided it does not adversely affect the amenity of local residents. Objection has been received from individuals raising concern over the impact of the development upon the amenity of local residents during the construction phase and when occupied and operational.
7.51 Having regard to the proposed design and siting of individual dwellinghouses, it is pertinent to note that the rear elevations of those dwellings positioned adjacent to Skeddan Close and Raad Rogan are more than 20m from the rear elevations of existing dwellings and so there will be no significant loss of privacy resulting from window to window relationships.
7.52 Furthermore, the separation and relationship between existing proposed dwellings is such that the development will not result in any material loss of light or outlook to existing properties and the development will not, once completed, result in unacceptable nuisance from noise or vibration due to the land uses being compatible.
7.53 Whilst the impact of the development upon residential amenity will be acceptable once dwellings are occupied, the construction phase of the development will result in some disturbance to existing residents in the immediate vicinity of the site and along the transport route.
7.54 The construction phase will generate a temporary impact only. Environment Policy 22 states that "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution."
7.55 The application is supported by a Site and Construction Environmental Management Plan which assesses the potential impacts of the construction phase upon the environment, with due regard given to noise, dust/vapour, vibration, environment, waste management and construction movements. As well as those properties at Raad Rogan and Skeddan close, the construction phase will also impact most closely upon Castle View Nursing Home, 13 Close Cronk and2 Ballaterson Meadow.
7.56 The CEMP sets out how the public will be consulted before and during the construction phase, with the applicant operating a "Good Neighbour Policy". Compliance with the CEMP will be reviewed daily by the Site Manager who will be responsible for dealing with any complaints and remedial work/actions. Any wider issues will be reported to the Health & Safety and Labour Manager, and where appropriate to the Contracts Manager, who will ensure that corrective action is undertaken as soon as is safely and practically possible.
7.57 The CEMP confirms that site work and construction will take place Monday - Friday 8am
7.58 The overall contents of the CEMP and proposed construction phase operations are considered to be acceptable and will ensure that the impact upon amenity in the area and the
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wider environment will be suitably managed and impacts minimised throughout the construction phase.
7.59 Overall, the proposed development is not considered to give rise to any significant level of harm to amenity in the area as a result of the design and proposed method for controlling construction phase impacts. The development therefore complies with General Policy 2 and Environment Policy 22 of the Strategic Plan.
DRAINAGE
Surface Water
7.60 The application site is located within an area identified as being in Flood Zone 1 and at a low risk of flooding (1 in 100yr), in regard to flooding from rivers and the sea. The site has one small area where there is a low likelihood of surface water flowing across the central portion of the site.
7.61 Surface water drainage arrangements have been designed to reflect the system design in place and serving Glenfaba Rise, with runoff from impermeable areas discharging into a gravity surface water drainage system. Surface water flows will be attenuated within a 675m2 below ground attenuation tank located beneath part of the southern POS. Surface water, once stored, will be released into the drainage channel through a hydro-brake into watercourse to the southern edge of the site at the greenfield runoff rate to reflect the existing circumstances.
7.62 Following initial queries from Manx Utilities (Drainage), the applicant has provided further details in relation to the drainage design for impermeable areas, highway drainage and gulleys. The surface water calculations and drainage design has subsequently been accepted as suitable for serving the proposed development and such will ensure that the development does not increase the risk of flooding offsite or downstream. Importantly, the final design of the sw drainage system will be subject to approval through the Section 8 Adoption process which provides further protection to flood risk in the area.
7.63 Highway Services Drainage who consider the potential impact of surface water entering onto the public highway have confirmed that the proposals meets their highway drainage requirements and in this respect the highway within the development is suitable for adoption under Section 4 of the Highway Act 1986.
7.64 Overall, the drainage regime for the development and detailed design is considered to be acceptable and the proposals therefore comply with Strategic Plan Policies General Policy 2 and Environment Policy 13.
Foul Drainage
7.65 It is well documented that at present the town of Peel is not served by a functioning sewage treatment works. Some interested parties have raised this matter as a reason to object to the proposal through fear of the development exacerbating the existing situation. At Peel raw unscreened sewage from the town is currently pumped out into Peel Bay. Planning permission has recently been granted for a new STW to serve Peel on land west of Glenfaba Road and in close proximity to the site. The Decision to grant planning permission is currently subject to a Third Party Appeal.
7.66 In regard to drainage, Infrastructure Policy 1 states that development shall only take place in areas which will ultimately be connected to the IRIS system (now superseded by a Regional Sewage Treatment Strategy), whilst Infrastructure Policy 2 requires details of all interim drainage arrangements for development in areas awaiting connection to IRIS to be
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submitted to and approved by the Department of Local Government and the Environment (now DEFA) before development is commenced.
7.67 The draft Area Plan for the North and West is currently going through examination and does contain policy that advises against any new housing at Peel until a STW is in place, however, the Plan has not been adopted and carries limited weight. In the interim period, consideration must be given to the impact of new development, especially housing, on the environmental and water quality of the town and Peel Bay, should an increase in untreated foul waste occur.
7.68 The applicant proposes to connect the development into main foul drains within Peel and for waste water to then be discharged into Peel bay. In order to address the environmental implications of increasing the amount of untreated foul waste being disposed into Peel Bay, the applicant proposes to install a temporary on-site treatment plant which is connected to (i.e. discharges into) the existing public system.
7.69 The STP will treat foul sewage to a high standard in order to ensure that the discharge will be to the satisfaction of the EPU and will not result in added harm to biodiversity, ecosystem health or human health. Such provides a further licensing process separate from planning and provides assurances that water quality will not be impacted upon.
7.70 Once the new STW for Peel is operational, the temporary STP would be disconnected and removed - it is capable of being re-used elsewhere - and foul drainage from the development will be taken directly into the public system. The applicant notes that such an approach has been accepted elsewhere on the Island, in particular at Crosby (PA06/00055/B) and Peel (PA10/0054/B).
7.71 Manx Utilities Drainage initially raised concern over the proposed foul drainage approach, primarily due to the lack of sufficient detail. Following the submission of further information and detailed drawings, MU Drainage have confirmed that they are satisfied with the proposed foul drainage strategy, which will ensure that no increase in untreated foul water will enter their system. Importantly, the STP will be treated as a temporary solution to handle foul water. Once the new Sewage Treatment Works for Peel is operational and connected to IRIS, the temporary STP would be disconnected, removed and taken off site with the ground made good. Such works can be controlled by planning condition.
7.72 The applicant will be required to provide a management strategy for maintaining the temporary STP as well as further design detailing requires by Manx Utilities Drainage. Having regard to these considerations, it is concluded that the provision of a temporary sewage treatment plant within the development site will ensure that new foul water flows generated by the 92 dwellinghouse will be suitably treated on site being discharged into the adopted drainage network. This approach will ensure that water quality is not adversely impacted upon. The proposals are therefore considered to be acceptable.
ECOLOGY
7.73 The main policy to consider is Environment Policy 4 which states that development will not be permitted which would adversely affect; species and habitats of international importance; species and habitats of national importance; and species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan. Environment Policy 5 indicates that under exceptional circumstances where development is allowed which could adversely affect a site recognised under Environmental Policy 4, conditions will be imposed and/or Planning Agreements sought.
7.74 The application is supported by an Ecological Impact Assessment (EcIA) prepared by Eco0logy Vannin and dated June 2023. The EcIA summarises the survey findings which include
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confirmation that key breeding bird species are present on the site. No significant fungi were observe don site and the watercourse was assessed as being unsuitable for the Common Frog. The likely presence of the Common Lizard and invertebrates were also scoped out.
7.75 No Schedule 7 plant species were recorded on the site nor Schedule 8 invasive plants. The report summarises the impact of the construction phase upon all present habitats and species. The primary impacts will relate to grassland habitat loss that will have a low residual impact upon birds, conversion/demolition of the farm buildings and the small loss of 60m of hedgebank (with over 1.6km of hedgebank retained). The development will have negligible impact upon trees within the site, as noted in the Tree Survey report.
7.76 Section 11.0 of the EcIA sets out a range of mitigation measures that the developer will commit to carrying out in order to ensure that a favourable conservation status is maintained for flora and fauna on the site. Many of the measures are incorporated as an integral part of the scheme design. This process has resulted in the proposed development being designed and modified to take account of the surveys and assessments undertaken. The design approach adopts measures to avoid or reduce potentially significant adverse effects arising from the proposed development. Compensatory measures are also proposed where impacts, such as habitat loss, are unavoidable and where this is proposed compensatory habitat creation measures have sought to provide habitats that complement those located within and close to the site.
7.77 The EcIA confirms that "the construction phase will contain the most adverse residual impacts as a result of habitat loss and proximity of retained habitats to construction activities. However, using retained habitats as a core area for biodiversity that can still inhabit the site with functional connectivity to offsite habitats and enhancing and creating habitats that can make gains from the current baseline should enable a range of neutral to moderately beneficial residual outcomes." The Ecosystem Policy Team have asked for a condition to be added for compliance with the CEMP but this would be difficult to enforce and is covered by separate legislation and is therefore omitted.
7.78 Having regard to the findings within the EcIA together with the Ecosystem Policy Team raising no objection to the proposals, it is considered that the proposed development has been well considered and will minimise and mitigate adverse impacts of the development upon biodiversity across the site as a whole. The development therefore complies with the aforementioned Strategic Plan Policies for the Environment and General Policy 2.
AFFORDABLE HOUSING
7.79 Housing Policy 5 of the Strategic Plan indicates that the Planning Authority 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.
7.80 A development of 92 dwellings will require a contribution of 23 affordable houses. The DOI Public Estates and Housing have discussed the provision in detail with the applicant and are supportive of the affordable housing proposals which satisfy Housing Policy 5.
7.81 The applicant will be required to enter into a Section 13 Agreement with the Department to provide affordable housing to secure the proposed 23 units.
7.82 Overall the affordable housing provision is acceptable and will assist in addressing the shortfall of Affordable Housing in the area.
PUBLIC OPEN SPACE
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7.83 The application provides Public Open Space (POS) in the form of formal and landscaped amenity space within the site.
7.84 The POS will be landscaped in areas and served by pedestrian footways, benches and general amenity areas. The amount of land being provided for POS far exceeds the minimum requirement requirements of Appendix 6 of the IOMSP. Across Phase 1 to the north and the proposed development, a total of 39,686sqm of POS will be provided, with 12,000 sq.m being the policy requirement.
7.85 A Section 13 Legal Agreement would need to be agreed between the applicants, Peel Commissioners and the Department in terms of the POS being adopted by the Commissioners.
7.86 Overall, the proposal would provide more be an over provision of Public Open Space. Further the open space is well placed within the site and easy access for new residents and for existing residents in the area and therefore complies with Recreation Policy 3 4 & 5.
REPLACEMENT FARMHOUSE AND BARN CONVERSIONS
Replacement Farmhouse
7.87 As well as the new build residential development the application proposed to replace the existing farmhouse with a new dwelling and to convert a range of traditional agricultural barns adjacent to the farmhouse into three units of tourism accommodation.
7.88 The application is supported by two conditions survey reports covering the existing farmhouse and barns. Objectors have suggested that the farmhouse is not beyond economical repair and should be restored, but officers are satisfied that in order to bring the dwelling up to modern habitable standards, including the installation of insulation etc, it would not be possible from a construction perspective not economically viable.
7.89 Housing Policy 12 sets out the requirements for replacement dwellings in the countryside to be considered acceptable. The dwelling is not considered to have lost its habitable status and is not of architectural or historic merit. Its replacement is therefore acceptable in principle.
7.90 The submitted design scheme for the new farmhouse reflects the provisions of Planning Circular 3/91. The dwelling is well proportioned, not significantly larger than the existing dwelling, is of a traditional appearance and finish and is considered to be acceptable.
Conversion of buildings to holiday accommodation
7.91 Business Policy 12 states that "Permission will generally be given for the conversion of redundant buildings in the countryside to tourist use providing that the development complies with the policies set out in paragraph 8.10. - Housing Policy 11."
7.92 Housing Policy 11 sets out a range of criteria that development proposals must comply with in order for applications seeking to convert traditional buildings to alternative use to be supported.
7.93 The design scheme that has been submitted for the conversion of the traditional barns makes effective use of the buildings and is not considered to include any significant or overly intrusive alterations or demolition to the buildings.
7.94 The proposed development will bring the buildings back into a functional use and one that has a benefit to the local economy through its tourism use. The overall appearance of the
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buildings and their immediate setting will be enhanced by the proposed development and, therefore, their conversion is supported.
7.95 In general, the proposals are considered to comply with Housing Policies 11 and 12 and Business Policy 12.
CONCLUSIONS
7.96 The development is considered to accord with the relevant policies of the Strategic Plan and it is not considered that there are any further material considerations which would justify refusal of the application.
7.97 Conditions are recommended which respond to impacts relating to highways, ecology, landscaping, drainage, tree protection and future occupation of the holiday units.
7.98 It is concluded that the proposals accord with the previously assessed policies within the Strategic Plan and that the principle of the development is in accordance with the land use designation and the wider policy framework. The proposed development is considered to be of a high standard of design and will represent an acceptable urban extension to the town of Peel.
7.99 Furthermore, the proposals would not have significant adverse impacts upon public or private amenities, or parking and highway safety, and therefore would comply with the relevant planning policies listed. Accordingly, the application is recommended for approval pending the signing of a legal agreement to deliver affordable housing in the form of 23 units on site and the transfer and future adoption of the Public Open Space to Peel Commissioners.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine:
o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status. o
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
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This Officer recommendation to approve this application subject to the applicant entering into a legal agreement was originally considered at a meeting of the Planning Committee 02.04.2025 where the members determined to approve the application subject to a legal agreement securing provision of
Affordable Housing
Public open space
At that meeting the Members wished it minuted that once such agreement was in place the decision to approve the application could be made under the authority delegated to an appropriate officer of the Directorate.
In accordance with that instruction, this application has been ultimately determined in that manner.
I can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted Date: 16.09.2024
Determining officer
Signed : A MORGAN Abigail Morgan
Acting Head of Development Management
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.
PLANNING COMMITTEE DECISION 16.09.2024
Application No. :
24/00055/B Applicant : Dandara Homes Limited Proposal : Development of 92 dwellings, highways and drainage Infrastructure, and public open space; redevelopment of redundant farm building group at Ballaterson Farm with replacement dwelling and conversion of outbuildings to form tourist accommodation Site Address : Land Adjacent To Castle View Nursing Home, Glenfaba Rise And Peel Golf Course Peel Isle Of Man
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IM5 3AB
Planning Officer : Russell Williams Presenting Officer As above (correct manually if not the case officer)
Addendum to the Officer’s Report
The Officer in his presentation advised the Committee of plan reference amendment to his recommended conditions 2, 3, 7, 12 and 13.
Along with the amended wording to conditions 4, 9 and 14, as mentioned and agreed at the previous sitting. o C4 by the addition of "to be finished" after "all private drives" o C9 by the addition of "works" to the second sentence o C14 by the amendment in order to refer to a connection to a mains system
C14 The temporary sewage treatment plant and all associated infrastructure must be decommissioned and removed from the site within 3 months of the new public foul sewer system within Peel becoming connected to a main system or any subsequent replacement scheme.
Reason: To ensure that the development is served by adopted sewage treatment infrastructure for its lifetime, in the interests of environmental protection.
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