366918

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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 25/90412/B Applicant : Dandara Homes Limited Proposal : Replacement of existing dwelling and outbuildings with residential development scheme of 20no. dwellings, and repositioning of 7no. (Amendments to 19/00137/B) Site Address : Parkfield And Adjacent Land Ballahick Lane Ballasalla Isle Of Man IM9 2AD

Senior Planning Officer: Jason Singleton Photo Taken : Site Visit :

Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Approve subject to Legal Agreement Date of Recommendation: 18.09.2025 __

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

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

C 3. No part of the development hereby approved shall be occupied until the access, turning area and parking spaces for the relevant occupied dwelling have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter.

Reason: In the interests of highway safety.

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C 4. The existing trees shown as being retained on the approved drawings shall be retained and in the event that the retained tree becomes damaged or otherwise defective due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

C 5. Prior to the occupation of those dwellings which shows a bat and/or bird box being installed shall be installed as shown on drawing Balla3_APL_35 and retained thereafter.

Reason: To safeguard a statutorily protected species.

C 6. All tree planting and landscaping as shown on plan, ref; BallaP2_APL_30 (Landscape Plan as Proposed) shall be carried out in accordance with the approved details, submitted in support of the application. The planting shall be carried out in the first planting and seeding season following the completion or occupation of the first dwelling (whichever is the sooner,) or otherwise in accordance with a programme to be agreed in writting by the Department. Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced as is reasonably practicable or in the next planting season with others of similar size, species and number as originally approved, unless the Department gives written consent to any variation.

Reason: to ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs.

C 7. 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 8. 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 9. No approval is hereby granted to the Tree Protection Plan submitted 21st July 2025 (Drawing 6229 LAN XX XX DR A 7301 P01 Tree Protection Plan). No work may be commenced on site until a Tree Protection Plan and an Arboricultural Method Statement have been submitted to and approved by the Planning Authority and the approved protection measures have been put in place. All arboricultural works must be undertaken in accordance with the approved AMS, and the approved protection measures must be retained for the duration of construction and may not be varied unless otherwise approved in writing by the Planning Authority.

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REASON: To protect the existing trees during and after construction.

C 10. All paths and cycleways shown on plan ref BallaP2_APL02 Rev_D (site layout as proposed) shall be fully surfaced in accordance with the approved drawings.

Reason: In the interest of Highway Safety and provide cycle access within the site.

N 1. A Section 4 highway agreement will be required for the proposed adopted highway and footway connections where appropriate

This application has been recommended for approval for the following reason. It is considered the proposal would not have any significant adverse impacts upon public or private amenities and would therefore comply with Strategic Policy 1,2,3,4,5,10,11, Spatial Policy 3&5, General Policy 2, Environment Policy 4 & 42; Housing Policy 1,2,3,4,5; Recreation Policy 3,4,5; Transport Policy 1,2,3, 4, 6, & 7; Infrastructure Policy 1,2 Energy Policy 5 of the IOM Strategic Plan 2016, and the Residential Design Guide 2021.

It is recommended that the planning application be approved for the reasons given and subject to the Section 13 Legal Agreement been signed and the conditions listed.

Plans/Drawings/Information;

This decision relates to drawings and supporting report and information submitted on the 17th April 2025, referenced;

BallaP2_APL_01 Rev-d Site Plan in context BallaP2_APL_02 Rev-d Site Plan BallaP2_APL_05 Street Elevations BallaP2_APL_20 Site Plan as existing BallaP2_APL_21 Site Location Plan BallaP2_APL_30 landscape Plan as Proposed BallaP2_APL_35 Bat & Bird Box BallaP2_APL_40 Rev-B Refuse Vehicle Tracking BallaP2_APL_41 Rev-B Passing Provision BallaP2_APL_42 Rev-B Car Tracking BallaP2_APL_304 (T) Maple BallaP2_APL_305 (T) Larch 3 BallaP2_APL_307 (T) Larch 2 BallaP2_APL_309 (T) Santon BallaP2_APL_310 (T) Santon G BallaP2_APL_318 (T) Redwood BallaP2_APL_322 (T) Beech 21 BallaP2_APL_324 (T) Ash 3 24041-KCE-PK-DR-D-C-90001-P01_Drainage Layout 24041-KCE-PK-DR-D-C-90002-P01_Gulley Drainage Areas 24041-KCE-PK-DR-D-C-90003-P01_Flood Exceedance Routes A Planning Statement, which includes an Economic Impact Statement

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A Design & Access Statement A Preliminary Ecological Appraisal A Transport Statement, which includes a Stage 1 Road Safety Audit with designers response A Drainage Strategy Report, with foul sewer calcs & stormwater calcs A Hydrology and Flood Risk Assessment An Arboricultural Impact Assessment Tree Survey Data Table

Additional and amended Ecology and Landscape plans received on 21st July 2025, referenced;

o An AIA Addendum produced by Lanpro dated July 2025 o Drawing 6229 LAN XX XX DR A 7201 P01 Tree Impact Plan o Drawing 6229 LAN XX XX DR A 7101 P01 Tree Constraints Plan o Drawing BallaP2_APL_32 Landscaping Details o Drawing BallaP2_APL_31 Rev-d Planting Details o Shadow Path Images o Drawing BallaP2_APL_37 Tree Canopy Plan o Tree Maintenance Schedule

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Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal: Local Authority - No objection subject to drainage assessment DoI Highways - No objection subject to conditions DoI Flood Risk Management - No objection DOI Public Estates and Housing - No Objection

It is recommended that the following organisations should be given the Right to Appeal on the basis that they have submitted a relevant objection: MUA Drainage - Whilst they have no objection subject to a condition. The condition would be unenforceable and has not been included. For the purposes of RTA their comments are technically being treated as an objection. __

Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT IS FOR MORE THAN 8 HOUSES AND A SECTION 13 LEGAL AGREEMENT IS PROPOSED;

1.0 THE SITE 1.1 The application site is the residential curtilage off a detached dwelling house within Ballasalla. The existing dwelling known as Parkfield sits within a large residential curtilage of some 0.85 ha, which includes mature trees and vegetation located largely towards the plot boundaries. The existing property is accessed from Ballahick Lane and is surrounded on all sides by residential development. 1.2 This site now sits to the north side of the bypass road and is located on the south- eastern side of Ballasalla, within Phase 2 of the ongoing Reayrt Mie residential development 1.3 The site was previously not within the applicants ownership until now.

2.0 THE PROPOSAL 2.1 Proposed is the replacement of the existing dwelling and outbuildings on site and within the grounds the erection of 20 new dwellings, (a net increase of 19 additional dwellings). The proposal also involves the re-positioning of 6 previously approved dwellings at the north-

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eastern site boundary in order to facilitate vehicular access, along with revisions to the curtilage of another approved dwelling, and those 7 dwellings are also included within the application boundary. 2.2 The proposals will also makes provision for affordable housing with 4 no. dwellings. Those dwellings are currently under construction within Reayrt Mie Phase 2 (just outside the application site) and a commuted sum to make up the difference in funding for a "part" dwelling. This will be required through a Section 13 Legal Agreement. 2.3 The application is accompanied by supporting information; o Transport Statement, which includes a Stage 1 Road Safety Audit with designers response; o Preliminary Ecological Appraisal Report; o Design & Access Statement; o Arboricultural Impact Assessment; o Drainage Strategy Report; o Hydrology and Flood Risk Assessment; and o Planning Statement. o Energy Impact Assessment / Statement o Economic impact assessment / Statement 2.4 The development will be accessed by way of the approved estate road network and will connect into approved pedestrian and cycle routes. The new dwellings have been designed to be in keeping with those already approved within Phase 2,generally two stories in height and will connect into existing/approved foul and surface water systems. 2.5 Landscaping around the site proposes a selection of Manx native species of tree and hedge planting to bolster that of the existing and creates new areas of planting. 2.6 Public open space is provided as part of the larger site with an over provision of space as previously approved under previous planning permissions.

3.0 PLANNING POLICY The land is designated as Proposed Residential, Industrial, Public Open Space, Community facility on Map 4 (Ballasalla) of the Area Plan for the South. The land is also linked to the Written Statement with Notation No.3. 3.1 The written statement that accompanies the plan at Notation 3 details the Development brief for this section of land at para 4.29. This identifies the possible uses of the land and that considerations should be given to the Ballasalla bypass route to the corner of Balthane, the junction details, potential site of archaeological significance, drainage masterplan, and protection to prevent any contamination of the Glashen Stream. 3.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this 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 10 Sustainable transport 11 Housing Needs Spatial Policy 3 Identifies those Service Villages 5 Building in defined settlements or GP3 General Policy 2 General Development Considerations Environment Policy 4 Wildlife and Nature Conservation 10 Identify risk of flooding and mitigation measurers 13 Protection from unacceptable risk of flooding on or off site 42 Respect the local character and identity

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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 Recreational Policy 3 Requirement for Landscaped amenity areas 4 Requirement for Public open space 5 Links to the countryside Transport Policy 1 proximity to existing public transportation services 2 layouts to link to existing systems 3 No impact or compromise upon existing rail routes 4 Highway Safety 6 Equal weight for vehicles and pedestrians 7 Parking Provisions Infrastructure Policy 1 Development and Connectivity to IRIS 2 Details of connectivity to IRIS Energy Policy 5 Energy Efficiency 3.4 Residential Design Guide (2021)

This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.

4.0 PLANNING HISTORY 4.1 19/00137/B - Residential development comprised of 282 dwellings, associated highway and drainage infrastructure and public open space, and the construction of a new by-pass road between Douglas Road and the rear of Railway Terrace to include a new roundabout on Douglas Road and a bridge over the IOM Steam Railway line. Fields 434764, 434116, 432719, 432607, 432608, 434113, 434114, 434115, 434089, 434090, And 434091 Douglas Road Ballasalla. APPROVED subject to a S.13 legal agreement with 19 Conditions by Planning Committee on 15/07/2019. Most of these conditions relate to the bypass and phase 1 of the development and highways infrastructure. 4.2 21/01262/B - Third phase of development consisting of 128 dwellings, a neighbourhood centre with children's nursery and local shop units, and public open space including a children's playground. ARRPVOED subject to a S.13 legal agreement with 14 conditions by planning committee on 11/04/22.

5.0 REPRESENTATIONS (in brief - full reps can be read online) Statutory Consultations 5.1 Malew Commissioners (12/06/25) commented; "The drainage/flood risk plans and submission need to be scrutinised by the relevant department to ensure that the risk it mitigated. They also think that (although accepting it's not in the applicants' control) the Ballasalla bypass should be open in its entirety before the completion of the proposed properties to ensure easy access to public transport". 5.2 DoI - Highways (12/06/25) Do Not Oppose (DNOC) subject to the condition on bypass completion before first occupation, and other conditions noted below. "The Applicant has undertaken pre-application discussions with HDC regarding the layout and non-motorised connections from the development. Accordingly, the proposed layout and connections are acceptable to HDC. Any minor unforeseen layout and connection details raised after planning application stage can be covered by Road Safety Audits or the Section 4 highway adoptions process".

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o "As this site is within the new Ballasalla housing development, this application should be bound by the planning condition similar as application that stated that the development cannot be occupied until the Ballasalla Bypass is completed and ready for use up to rear of the former railway terraces". o "Additional conditions recommended on road layout, vehicle turning and parking implemented before first occupation of any of the dwellings and retained thereafter should be attached to permission. Dwellings without garages should be conditioned to provide secure/sheltered cycle storage for one space per dwelling before first occupation". o "A note to attach to permission: A Section 4 highway agreement will be required for the proposed adopted highway and footway connections where appropriate".

5.3 DEFA - Eco Systems (03/06/25) commented with no objection to the PEAR ecological report and seek some suggested condition for; landscaping, bird and bat boxes, tree protection, no external lighting or sensitive lights. Further advice was given on the Wildlife Act 1990 and any potential breaches. 5.4 DoI - Flood Risk Management (30/07/25) Do Not Object; "FMD are satisfied with the calculations of the drainage strategy that have been provided" 5.5 MUA - Drainage (06/08/25) Do not object subject to condition; "Manx Utilities has reviewed the wastewater and surface water drainage proposals associated with the above planning application and confirms that there are no objections to the submitted plans. To enable consideration for future adoption of the drainage infrastructure, a Section Adoption Agreement under the Sewerage Act 1999 must be entered into prior to the commencement of any construction works on site. Manx Utilities must be provided access to carry out the necessary inspection for the new infrastructure. Please note that drainage communication fees will apply to the proposed dwellings included in this Phase of the development. For clarity regarding the Drainage Strategy (Page 4/10 - Wastewater Drainage), the wastewater pumping station located adjacent to the bypass, which currently serves Reayrt Mie and Balthane Park, has not yet been adopted by Manx Utilities. Although a Section 8 Adoption Agreement has been entered into, this pumping station remains under the ownership and maintenance responsibility of the developer until formal public adoption is completed". 5.6 DEFA - Forestry (14/05/25) object to this proposal based on the loss of trees and insufficient detail. On the amended information received on (21/07/25) were content with has been received but still had reservations regarding the extents of tree protection and an updated Arboricultural Method Statement. As such it was agreed by all parties (case officer, applicant, forestry) on 11 September 2025 by email, that at this stage a condition can be added to seek an updated plan and no works may commence until this is submitted and approved. 5.7 DoI - Public Estates & Housing (29/08/25) no objection, they have negotiated 4 x Affordable Housing Units and a commuted sum of (£24.000.00) in lieu of a proportional three- quarters (3/4) of an additional affordable housing unit. 5.8 DoI - Highway Drainage (08/08/25) commented seeking a revised analysis on the surface water drainage using more up to date flood risk data and remodel the drainage system and mitigation measures. On the amended data from the applicants consulting Engineers, commented again (28/08/25); "We can confirm that the drainage system serving the proposed estate road meets the requirements of DMRB CG 501 and the Manual for Manx Roads". Neighbouring comments 5. None.

6.0 ASSESSMENT (i) Principle (ii) Visual Impact (iii) Neighbouring amenities (iv) Highway Safety (v) Affordable housing (vi) Drainage / flooding (vii) Open Space

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(viii) Trees and Ecology (ix) Sustainability

(i) Principle 6.1 The principle of residential development on this site is broadly supported through the land designation in the Area Plan for the South and the development brief within the written statement. It is further considered the principle of developing the majority of the site for residential would accord with those Strategic (1,2,10,11), Spatial (3,5) and Housing (1-4) Policies. Therefore the principle of developing this part of the site for residential is acceptable, subject to further assessment below. (ii) Visual Impact 6.2 The proposal is going to introduce an element of built development where presently there is none which will certainly alter the character of this part of the land. Given the principle is acceptable, the proposal house types closely follows those of phase 1 and 2 of the previous permission and would be reflective of the character of those phases and would mainly be visible from the bypass but the proposal includes degree of landscaping (noted below in detail) between the rears / sides of those houses to the south of the site that back onto the Bypass. Essentially these buildings would be read within the wider residential context as per this proposal and that of the previous phases of development. 6.3 The layout tends to follow the natural topography and utilises existing hedgerows and trees where possible. The density of the development would follow that of the previous phases and on this the agent notes; "the proposed scheme of 20 new dwellings has a net density of approximately 28 dph and has been designed to respect the amenity of new residents (both in this scheme and Phase 2 as approved)". Within the Residential design guide (page16) refers to housing density, and this site would fall within a Medium (15-30) density of development. 6.4 The design of the proposed houses varies in type and size but uses a common palate of materials that echoes those already utilised in previous phases and would be an appropriate form of development in this respect. As this phase is to echo that of the former phases, the proposed layout, design, scale, form and finish of these dwellings are considered appropriate for the site and would result in an appearance of a pleasant housing development to live within for all. This is noticeable when driving through the previous phases of development and works towards complying with the Sp5 and EP42. 6.5 Whilst the dwelling would be similar in design, the use of slightly different finishes/render colours, position/designs of front porches will help break up the potential continuous line of dwellings along the streetscene, but rather a mix of houses types and styles. 6.6 In terms of visual impact and general appearance of the this part of the new estate from those vantage points outside of the site, the dwellings would not be especially apparent, particular from distant views. The most apparent views would be from the new bypass. The proposal includes a small degree of boundary/roadside landscaping which would help soften the impact of the development and the fencing to the rears, sides of those dwelling that are adjacent to the boundaries of this site. Overall, it is considered the visual impact would not be detrimental and would not significantly detract from the character of the area or that of those neighbouring properties. 6.7 Accordingly, whilst there will be an impact to the visual amenities of the area when compared to the existing, it is considered the proposals would be acceptable and comply with Gp2b,c. (iii) Neighbouring Amenities 6.8 In considering any potential impact upon the residential amenities of the neighbouring properties, given the size of the site and number of dwellings, all properties adjacent to the site will be impacted by the development to some degree. Any development here would have an impact, as presently there is one dwelling house and their outbuildings. The pertinent issue is whether the proposed development would significantly impact upon the amenities of the neighbouring properties with regard to overlooking, loss of light; over bearing impact, loss of privacy and general visual amenity. 6.9 In terms of overlooking a general guide (as noted in Chapter 7.0 of the Residential design guide) which the department utilises is the 20 metres measure, which is taken between

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direct facing windows, generally two storey properties. In this case all the proposed dwellings are approx. greater or at the 20 metres from neighbouring existing properties (back to back) that boarder the site. 6.10 Within the site the proposed layout ensures there is no direct overlooking or loss of privacy from the new dwellings into each other or towards the previous phases. Overall, whilst the proposed development will have a limited impacts upon existing neighbouring properties, it is considered for the reasons given the proposed development would not having an significant impacts upon the residential amenities of the neighbouring properties and there fore comply with Gp2g.

(iv) Highway Safety 6.11 The proposed 20 dwellings with access the remainder of the wider estate from a shared street priority T junction arrangement onto the approved shared street access that serves the Phase 2 site that is currently under construction. The highways layout here is a share cul-de- sac arrangement that will see the repositioning of 6 dwelling to form an access into this part of the site. The overall finish will be block paved to match the shares surface it connects on to. 6.12 Accompanying the application the applicants have also provided a Transport Assessment dated January 2022, by Bryan G Hall Consulting Civil & Transportation Planning Engineers. The pertinent points are noted as this proposal will create a simple 'T' junction arrangement and an internal cul-de-sac. The report concludes that; "the proposed 20 dwellings and associated infrastructure is unlikely to generate significant levels of traffic which would harm the operation of the adjacent highway network". 6.13 The report highlights alternative modes of travel as opposed to the private car, noting the pedestrian accessibility and walking distances, range of travel and cycle and walk ways being provided that links to the previous phases. In terms of public transport the report notes that the bus service No's 1/11/12/12a, 1H, 2/2A, 4C and 8 travel along Douglas road between Castletown and Douglas in both directions at a frequency of 6 per hour Monday to Friday. The nearest bus stops to the site are located on both sides of Douglas Road. Furthermore, Bus vannin intends to run services along the Ballasalla Bypass once construction is complete between Douglas Road and Balthane Corner. 6.14 Each of the proposed dwellings would have least two off road parking spaces, some fronting the properties and some with garages. Therefore, the parking provision for the development complies with the relevant IOMSP Parking Standards. 6.15 As the Highway Services have considered the merits of the proposal, the level of parking provided for each dwelling, the transport assessments and supporting plans, access to and from the site from the highway noting visibility splays, as well as parking and highway safety. As the transport professionals, their comments are noted and they do not object to the proposals but seek conditions for the layout plans, parking turning and travel plans as featured in the transport assessment. As such the proposal would be seen to comply with Tp1,2,3,4,6,7 GP2h,I and Sp10.

(vi) Affordable Housing 6.16 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. A Section 13 Legal Agreement would need to be entered into by the applicant and the Department to ensure the affordable housing is provided. 6.17 The proposals will also makes provision for affordable housing with 4 no. dwellings which are currently under construction within Reayrt Mie Phase 2 (just outside the application site) and a commuted sum to make up the difference in funding for a "part" dwelling. This will be required through a Section 13 Legal Agreement. 6.18 The applicants have been in discussions / had preliminary discussion with the Estates and Housing Division and their comments in para 5.7 note that an agreement has been reached for the provision of four affordable homes with a mix of two and three bed dwellings and a commuted sum (£24,000) which is deemed acceptable by all involved and in compliance with Hp5. (vi) Drainage/ flooding

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6.19 With regard to any surface water flooding on site, regard has to be given to EP10 and EP 13 which safeguards against any flooding on or off the site as a result of the proposed development. The application is accompanied (as sought by Ep10) with a detailed flood risk assessment with hydrology analysis and calculations. 6.20 Essentially, this new phase of development would accommodate the rainfall shed from the roofs, pathways and roads by a dedicated surface water drainage system off this site and would tap into the nearby storm water system that serves the Reayrt Mie estate. From here, the surface water drainage would flow into the existing nearby attenuation meadow from the Parkfield development before discharging into the Ronaldsburn river. 6.21 Concern was raised (DOI- Highway Drainage) regarding the surface water rainfall analysis and hydrological drainage modelling used and requested more up to date analysis utilising baseline data to reflect current rainfall projections, including climate change allowances. Further calculations were requested to accurately assess any impact on the current and proposed drainage system. 6.22 On the amended flood risk data and the proposed mitigation measures, it was noted these would be in agreement with DOI for the surface water drainage system. 6.23 To conclude on the surface water drainage, both the MUA drainage and DOI have commented as noted above in the consultation period and noting the surface water would be discharged into the drainage system as approved under the previous scheme and attenuation basin ensures compliance with EP10 and 13 concerning flood risk. 6.24 The proposed foul drainage will connect onto the existing foul drainage system at Manhole and will gravitate towards the south of the site where a pumping station with a rising main is stationed. This essentially pumps the sewerage up to the IRIS pumping station located to the rear of Railway Terrace to the west of the site. The capacity of the holding tanks at the pumping station was raised with MUA drainage and they confirmed (email dated 06/08/25); "MU is content that adequate storage is available within the current Reayrt Mie pumping station wet well, storage tank and associated sections of upstream sewers/ manholes to accommodate foul only flows from this development". As such, the foul as part of this proposal will connect onto the existing IRIS system, the proposed drainage would comply with IP1&2.

(vii) Open space / Play area 6.25 The levels of public open space provided for the wider Reayrt Mie Development have been delivered through the various phases since initially approved from the 2019 planning applications. Whilst open space requirement is noted within the Strategic Plan through Appendix 6 (in relation to formal space, children's space, and amenity space), since the publishing of the 2025 Permitted Development Schedule 1, Class12B Play areas, this provides greater clarity on the different types of 'play areas' with minimum areas required and descriptions for what each activity entails. 6.26 Given the planning history of the wider site, the POS has a lack of 'formal' POS by todays standards, however it does provide extra 'amenity' POS to offset this. On balance this theoretically meets the total amounts and exceed the quantity m2 as noted in the above paragraphs. The approach taken in this instance would be acceptable given the circumstances of the site, the planning history and the siting of the site which sits centrally within a larger residential development for which planning approval already exists. 6.27 To further explain, as part of the previous approvals, provision was granted for the open space to the west of the application site for an adventure style children's playground. On site open space, which is suitable for formal use, has been approved within Phase 2 of the development, with a commuted sum in lieu of additional formal open space also agreed between the developer and the local authority. Within the planning statement, it demonstrates that the open space to be provided within Reayrt Mie significantly exceeds the amount required by the provisions of the IoMSP, with the three types of open space to be offered to the relevant public authorities for adoption. The amount provided is 46,130 sqm and the requirement is 36,160sqm. As such the proposal for open space and play area would be read in accordance with RP3,4,5.

(viii) Trees and Ecology

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6.28 The application is accompanied with a range of documents and drawings (Tree constrains, removal & impact, protection plans) following initial consultation with DEFA Forestry and Ecology, whose comments on these plans can be found in para 5.3 and 5.6. It is noted neither of those departments object but seek conditions for the landscaping proposals to ensure the plans and management aspects are adhered to on site. 6.29 The plans propose appropriate solutions during the constructing works utilising protective fences and root protection zones and in some area an engineered geotextile solution to "bridge" those specific areas to safeguard the existing trees. Some of those trees are also listed to be pruned (crown reduction) to ensure longevity. 6.30 The Arboricultural Impact assessment notes and help to justify the removal of 3 x category B trees; 13 x category C trees; 3 x category 3 groups of trees within the north east corner of the site and further tree removal to the south western area that would see the partial removal of 2 x category B tree groups, and 1 x category C tree group is required to facilitate the Site access footpaths. Within the AIA it notes; "Among the 13 category-C trees and three category-C groups marked for removal, the majority comprise Leyland cypress, cabbage (palm) trees, and sub-dominant cherry trees. These species, while contributing to the existing canopy cover, provide no significant contribution to the amenities of the area... The most notable tree marked for removal, due to is mature age and attractive crown structure, is the category-B cherry tree, 6508. In contrast, the other category-B trees marked for removal - a cherry tree, 6513, and an oak, 6522 - while healthy and well formed, are considerably smaller and less visually prominent". 6.31 The removal of these trees is unfortunate but acceptable which would not be to the detriment of the site as they are more contained within the body of the site. The retention of the mature trees on the boundaries of the site are welcomed and will be of benefit to the overall aesthetics of the site. Furthermore, the proposed removal as noted above would not result in the loss of more than 50% of the tree cover from the site. 6.32 The application also include a landscaping proposal that incorporates a mix of native species tree planting around the site to create new areas of planting and also bolster those native hedges and existing mature trees on the site. A comprehensive layout plan and species list and their location of those trees, plants has been identified that would see planting to the fronts of the individual dwellings and also around the estate. The bulk of the proposed landscaping would be to the boundary with the bypass road that would soften the appearance of the timber fencing to the read/ sides of those dwelling on the sites edge. 6.33 As such, the initial consultation with the respective parts of DEFA has ensured the proposals remain unobjectionable from their departments perspective and the proposed landscaping and planting proposals would be acceptable in this instance (subject to including conditions) and would echo that of the previous phases of development. Therefore, this would be seen to accord with the broader objective of Sp4 for protection of the environment and EP4 for preserving the natural environment.

(ix) Sustainability 6.34 The erection of a new dwellings would have to conform to building regulations standards which ensures the thermal efficiency of the building is maximised. In addition the application is accompanied with a comprehensive energy impact assessment that seeks to maximise the thermal efficiency through the design of the individual buildings and the levels of heat loss while utilising where it can use local materials, modern methods of construction, and internally incorporating energy efficient measures for water, lighting and heating. These aspects are beneficial and would address the wider environmental concerns which would be in accordance with EP5 and Gp2n.

7.0 SECTION 13 LEGAL AGREEMENTS 7.1 As this application will be subject to legal agreement as discussed in para 6.16-6.18 above, the applicants have agreed with DOI Housing Division that FOUR affordable home units (Plots B56-B59) will be provided on the wider site (within Phase 3) with a mix of two and three bed dwellings and part commuted sum of £24,000 in lieu of a proportional three-quarters (3/4) of an additional affordable housing unit, will to be paid. The legal agreement will also see the

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continued adoption of public open space by the Local Authority on completion as per the original legal agreement from the previous phases legal agreements.

8.0 CONCLUSION 8.1 The proposed demolition of the existing dwelling house and within its curtilage the erection of 20 dwellings and the reposition of 7 dwelling to allow access has been considered and given the application site is identified for development, the proposal could be judged to comply with the site allocation and site brief referenced; No.3 from the TAPE. The levels of development as proposed within this application would not have any adverse visual impact and poses no significant adverse impacts upon public or private amenities of the neighbouring properties. Therefore the proposals would be aligned with Strategic Policy 1,2,3,4,5,10,11, Spatial Policy 3&5, General Policy 2, Environment Policy 4 & 42; Housing Policy 1,2,3,4,5; Business Policy 10; Recreation Policy 3,4,5; Community Policy 1, 2,10; Transport Policy 1,2,3, 4, 6, & 7; Infrastructure Policy 1,2 and Energy Policy 5 of the IOM Strategic Plan 2016, and the Residential Design Guide 2021. 8.2 It is recommended that the planning application be considered for the reasons given and subject to the Section 13 Legal Agreement been signed and the conditions listed.

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 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. 9.5 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 the Right to Appeal.

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 where the members determined to approve the application subject to a legal agreement securing provision of

At that meeting the Members wished it minuted that once such agreement was in place the decision to approve the application could be issued.

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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made: Permitted Date: 29.09.2025

Signed : Jason Singleton Presenting Officer

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