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25/90357/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90357/B Applicant : Mr Gary Walker Proposal : Amendment to PA 22/01485/B (residential development comprising 31 dwellings), change to approved house type on plot no 27 Site Address : Part Of Field No. 121388 And Former Dale Nurseries Oatlands Road Andreas IM7 4ER
Senior Planning Officer: Mrs Louise Phillips Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 04.06.2025 __
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. The dwelling hereby approved shall not be occupied until the parking spaces have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the dwelling and shall remain free of obstruction for such use at all times.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
C 3. No development shall take place until a hard and soft landscaping scheme has been submitted to and approved in writing by the Department and all works shall be carried out in accordance with the approved details. Details of hard landscaping shall include driveway surfacing, finished ground levels, any new walls, fences and other boundary treatments and the approved works shall be completed before the dwelling is occupied. Details of soft landscaping shall include planting between the parking area of the approved dwelling and the neighbouring property being constructed to the west. All planting, including tree planting, seeding and turfing included in the approved details shall be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. 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
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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 the provision of an appropriate landscape setting to the development and in the interests of biodiversity.
C 4. Prior to the occupation of the dwelling, the road and footway between it and the highway shall be constructed to at least base course level.
Reason: To ensure adequate pedestrian and vehicular access to the dwelling in the interest of highway safety.
C 5. No development shall take place until details of existing trees and hedges to be retained on the site, along with details of the means of their protection during construction, have been submitted to and approved in writing by the Department. The existing trees and hedges shall be retained in accordance with the approved details. Any retained tree or hedge which within five years of the approved development being occupied or completed (whichever is the later) dies, are removed or become seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department.
Reason: To safeguard the appearance of the development and the surrounding area.
C 6. Prior to the occupation of the dwelling, a bat box shall be fitted high up on the west side elevation of the dwelling and shall thereafter be retained.
Reason: In the interests of biodiversity.
C 7. No development shall take place until details of the means of drainage of the site, to include connection to a Geocellular Attenuation Tank, have been submitted to and approved in writing by the Department. The approved means of drainage shall be completed and ready for use before the dwelling is occupied and shall be retained and maintained thereafter.
Reason: To ensure appropriate surface water drainage from the site and to manage off-site flood risk.
C 8. No development shall take place until details of the solar panels to be fitted to the front roof slope have been submitted to and approved in writing by the Department. The solar panels shall be fitted in accordance with the approved details prior to the occupation of the dwelling and shall be retained and maintained thereafter.
Reason: In the interest of reducing CO2 emissions and to meet the aims of the Climate Change Act.
C 9. No development shall take place until details of the external facing and roofing materials have been submitted to and approved in writing by the Department. Such materials shall match those being used in the construction of the surrounding new housing and the development shall take place in accordance with the approved details.
Reason: In the interests of the character and appearance of the site and surrounding area.
N 1. Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.
This application has been recommended for approval for the following reason.
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The proposed development would be acceptable in principle and, subject to the conditions above, it would comply with the policies of the development plan in relation to highway safety and the character and appearance of the area. It would also be acceptable in respect of the other material considerations relevant to the application.
Plans/Drawings/Information;
This approval relates to the following drawing numbers:
Location Plan, P27-01 Proposed Block Plan, P27-04-A Proposed Plans, P27-07 Proposed Elevations, P27-08
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
o DOI Highways Services - no objection. o DOI Highways Drainage - no objection, note added. __
Officer’s Report
1.0 THE SITE
1.1 The application relates to an individual plot of land, described as Plot 27, which forms part of a larger development site granted planning permission for 31 dwellings under reference 22/01485/B (the approved scheme). It is on the north side of Oatlands Road, east of Andreas Village. Construction of the approved scheme is well underway, with the access road having been laid out and several of the dwellings started.
1.2 Plot 27 is towards the eastern end of the wider site and to the north of the approved internal access road. It will be bordered by open land to the rear, new houses to either side and face a new house across the road to the front.
2.0 THE PROPOSAL
2.1 On Plot 27, the approved scheme makes provision for a two-storey detached house with three bedrooms and an attached, single storey garage. The present proposal seeks a larger two storey detached house with four bedrooms, including one above the garage. Drawing number P27-04-A includes two driveway parking spaces, a front and rear garden and an Air Source Heat Pump. The property would be finished with part rendered, part stone clad walls, slate effect roof tiles and grey coloured windows and doors to match the materials being used for the approved development.
2.2 The rationale for the proposal is that the Estate Agent has reported demand for larger family properties. The applicant therefore intends to construct the proposed dwelling instead of the one already permitted.
3.0 PLANNING POLICY
Site Specific
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3.1 The site itself is not within an area identified as being at risk of flooding, but the south western side of the wider site for the approved scheme is part within and adjacent to areas at risk of fluvial and surface water flooding from the existing storm water drainage system. The site is not within a Conservation Area, nor is it subject to any other specific designations or known constraints.
1982 Development Plan 3.2 Whilst the larger approved scheme included land which is not designated for development, Plot 27 on the eastern side of the site is zoned as part of an existing Area of Predominantly Residential Use.
Isle of Man Strategic Plan 2016 3.3 Strategic Policy 5 requires development, including individual buildings, to make a positive contribution to the environment of the Island. Strategic Policy 11 supports the provision of 5,100 net additional dwellings over the period 2011-2026; and Spatial Policy 3 identifies Andreas as a Service Village where housing should be provided to meet local need and, where appropriate, to broaden the choice of location of housing.
3.4 General Policy 2 provides that development in accordance with land use zoning and other relevant proposals and policies of the Development Plan will normally be permitted subject to certain criteria, including those below which are particularly relevant to this proposal. The development should:
(b) respect the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) not affect adversely the character of the surrounding landscape or townscape; (g) not affect adversely the amenity of local residents or the character of the locality; (h) provide satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) not have an unacceptable effect on road safety or traffic flows on the local highways; (j) be provided with all necessary services; (l) not be on contaminated land or subject to unreasonable risk of erosion or flooding; and (n) be designed having due regard to best practice in reducing energy consumption.
3.5 Environment Policy 13 states that development which would result in an unacceptable risk from flooding, either on or off site, will not be permitted.
3.6 Environment Policy 42 requires new development in existing settlements to be designed to take account of the particular character and identity of the immediate locality.
3.7 Like Strategic Policy 11, Housing Policy 1 seeks provision of 5,100 net additional dwellings by 2026 and Housing Policy 3 distributes 770 of these to the North. Housing Policy 4 requires housing to be located primarily within existing towns and villages or, where appropriate, in sustainable urban extensions thereof.
3.8 Transport Policy 1 requires that, where possible, new development should be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes; and Transport Policy 7 requires parking provision in new development to accord with the current adopted standards.
4.0 OTHER MATERIAL CONSIDERATIONS
Guidance 4.1 The proposal includes the construction of parking spaces and so the standards set out in the Manual for Manx Roads are relevant considerations.
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4.2 The Residential Design Guide 2021 is a material consideration.
Legislation 4.3 Section 68 of the Flood Risk Management Act (2013) indicates that any published Flood Risk Management Plan and the extent to which the proposed development creates an additional flood risk are material considerations. This is relevant in light of known surface water drainage issues in the area.
Other Considerations 4.4 The approved scheme 22/01485/B is a significant material consideration, particularly given that it is already being implemented.
5.0 PLANNING HISTORY
5.1 As explained above, the grant of planning permission 22/01485/B for residential development comprising 31 dwellings with associated roads, plots, drainage and open space proposals, is a material consideration in the determination of this application.
6.0 REPRESENTATIONS
6.1 Highways Services did not oppose the proposal as originally submitted (comments received 25 April 25); and stated that the amended plan (received on 12 May and formally submitted on 17 May) also appears fine (comments received 21 May 25).
6.2 Highways Drainage (29 May 2025) state: "Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained within Section 11.3.11 of the Manual for Manx Roads. Applicant should be aware of and comply with the clause above".
6.3 Andreas Parish Commissioners were consulted on 14 April 2025 and have not made comments at the time of drafting this report.
7.0 ASSESSMENT
7.1 Taking account of all the matters referenced above, the main issues for the determination of this planning application are as follows:
o The principle of the development in respect of its location, the type of housing proposed, and its effect upon the implementation of the approved scheme; o Its effect on highway safety, particularly in relation to parking provision; and o Its effect upon the character and appearance of the area.
Principle of Development 7.2 Whilst itself presently undeveloped, the site lies within an existing Area of Predominantly Residential Use identified in the 1982 Plan, close to Andreas which is recognised in the Strategic Plan 2016 as a Service Village capable of accommodating some housing. Consequently, the proposal broadly accords with the policies of the Development Plan in respect of its location. Moreover, the principle of building a house on this site has been firmly established by the granting of planning permission for 31 dwellings under 22/01485/B and indeed, the construction of several of the properties thereby approved has already commenced.
7.3 The current proposal now seeks to change the house type on Plot 27 from a three bedroomed detached house to a four bedroomed one in response to market information and there is no policy basis for opposing this. Given that access to Plot 27 is shared with the wider
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scheme, the four bedroomed house now sought would form part of the overall development in practice and it could not be constructed nor occupied separately. However, the approved scheme is subject to a legal agreement made under Section 13 of the Town and Country Planning Act 1999 and to 14 planning conditions. These would not automatically apply to any new planning permission granted for the current proposal.
7.4 The Legal Agreement deals with the provision of affordable housing and public open space. Plot 27 is not one of those required to deliver an affordable unit and no specific obligations are placed upon it or any other individual plot in relation to the provision or maintenance of public open space. The open space requirement calculated for the development as a whole would not be affected by the proposed 'change' from three to four bedrooms because the expected occupancy of larger dwellings is based upon there being "3 or more bedrooms" (Appendix 6 of the Strategic Plan). Consequently, a new planning permission for Plot 27 would not undermine the Legal Agreement for the wider site.
7.5 Turning to conditions, some of those attached to 22/01485/B were relevant to the site as a whole and they have already been discharged. Examples include the requirement to submit and conform with a timetable for the delivery of public open space and the installation of the new access. Such conditions are not now relevant to the present application. Others sought details which are relevant to the construction or occupation of each dwelling, including hard and soft landscaping, tree protection, bat and bird boxes and drainage connections. Similar conditions would need to be applied to any separate planning permission for Plot 27 to ensure that the implementation of the scheme overall is not compromised.
7.6 For the reasons given above, the principle of the development is acceptable.
Highway Safety 7.7 The proposed dwelling would be close to the Service Village of Andreas and this would largely satisfy the locational requirements of Transport Policy 1 of the Strategic Plan. It would be accessed via a new road approved under 22/01485/B and would have a garage and two parking spaces on the driveway, clear of the highway, which accord with the standards required by Transport Policy 7 of the Strategic Plan and the Manual for Manx Roads. As indicated above, Highways Services raises no objections in respect of parking or any other highway related matters. Thus the development would comply with Parts (h) and (i) of General Policy 2 of the Strategic Plan and would have no detrimental effect upon highway safety.
Character and Appearance 7.8 The approved scheme provides the visual context for the proposed dwelling and the latter would be of a compatible scale and design. As stated above, it would also be finished with materials to match those being used for the development as a whole. The proposal would therefore comply with the relevant requirements of Strategic Policy 5, General Policy 2 and Environment Policy 42 of the Strategic Plan and would cause no harm to the character and appearance of the area.
Other Matters 7.9 Plot 27 is bordered only by new houses forming part of the approved scheme and by open land to the north. The proposed dwelling would have a satisfactory relationship to its neighbours and would have no significant impact upon the living conditions enjoyed by the occupiers of the existing nearby properties fronting Oatlands Road.
7.10 Existing issues with surface water drainage in the area were considered in detail when granting planning permission for the approved scheme. It was determined that the development should drain into a Geocellular Attenuation Tank to ensure that the problem was not made worse and, indeed, it might be improved. Whilst no issues have been raised in respect of the present proposal, the new dwelling on Plot 27 would need to be connected to the approved drainage system to achieve compliance with General Policy 2(l) and Environment
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Policy 13 of the Strategic Plan; and Section 68 of the Flood Risk Management Act 2013. This should be dealt with by conditions.
8.0 CONCLUSION
8.1 For the reasons given above, the proposed development would be acceptable in principle and would cause no harm in terms of either highway safety or the character and appearance of the area. In respect of these main issues and, taking account of the other matters discussed above, the application would comply with relevant development plan policy and legislation. Therefore, it is recommended for approval subject to the conditions listed above.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to:
o the applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
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I can confirm that this decision has been made by the 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, and/or rights to appeal.
Decision Made : Permitted Date : 05.06.2025
Determining Officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
Customer note
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