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Isle of Man Government CABINET OFFICE Government Office DOUGLAS Isle of Man IM1 3PN Direct Line (01624) 685280 Fax Number (01624) 685710 Email [email protected] CHIEF SECRETARY Will Greenhow ACMA Our Reference : DF13/0041 5th August 2014 Planning Secretary Department Of Infrastructure Planning And Building Control Division Murray House Mount Havelock Douglas Dear Sir/Madam,
PA Ref: \quad 13 / 91392 / B Applicant: Hartford Homes Ltd Proposal: Erection of 60 dwellings with associated infrastructure and landscaping works along with highway improvement works Address: Cronk Cullyn Main Road Colby Isle Of Man I refer to the abovementioned planning application. In accordance with the Article 9 of the Town and Country Planning (Development Procedure) (No 2) Order 2013, I herewith give notice of the decision as follows.
The application has been approved subject to the following condition(s);
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
The development shall not commence until there is in place an Agreement under Section 13 of the Town and Country Planning Act 1999 to ensure the provision of affordable housing in accordance with Housing Policy 5 of the Isle of Man Strategic Plan.
No development shall commence until full details of the proposed off-site highway works, together with a timetable for their implementation, have been submitted to and approved in writing by the Planning Authority. The development shall be carried out in accordance with the approved details and timetable.
All the public open space and play equipment shown on the approved plans shall be provided and available for public use on or before the occupation of 50 of the dwellings.
No dwelling may be occupied until such time as the parking spaces associated with it have been provided and there is a road at base course level (or better) to the dwelling and its parking spaces.
No development shall commence until a schedule of materials and finishes to be used in the construction of the external surfaces of walls and roofs, have been submitted to and approved in writing by the Planning Authority. The development shall be carried out in the approved materials.
No development shall commence until a hard and soft landscaping scheme has been submitted to and approved in writing by the Planning Authority. The scheme should be along the lines of Drwg Nos 01 Rev E, 02 Rev C and 03 Rev B. It shall include details of all walls, fences, trees, hedgerows and other planting which are to be retained, details of all new walls, fences and other boundary treatments and finished levels, a planting schedule to include numbers, density, size, species and positions of all new trees and shrubs, details of the hard surface treatment of the open parts of the site, including road surfaces, and a programme of implementation.
All hard and soft landscaping works shall be carried out in accordance with the approved details and programme. Any trees or plants 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 or a species and size to be first approved in writing by the Planning Authority. All hard landscaping works shall be permanently retained in accordance with the approved details.
No development shall commence until the tree protection barriers shown on Drwg 04 (received on 21 January 2014) have been put in place. The barriers shall not be removed until the development has been completed. The protected areas shall be kept clear of any building, plant, equipment, material debris and trenching, existing ground levels shall be maintained, and there shall be no entry into the protected areas except for approved arboricultural or landscape works.
Notwithstanding the information on Drwg 105-01, there shall be no windows above ground floor level in the flank wall of the dwelling on Plot 60 adjacent to No 21 Cronk Cullyn.
The development hereby approved shall not be carried out except in accordance with the following drawings:
Drwg 001 Location plan
Drwg 002 Existing site plan
Drwg 003 Proposed site plan
Drwg 004 Rev B Previously approved plots along eastern boundary
Drwg 006 Rev A Schedule of accommodation
Drwg 007-01 & 02 Site sectional elevations
Drwg 100-01 Plots 13-16
Drwg 100-02 Plots 41, 42 and 44-47
Drwg 101-01 Plots 17 and 18
Drwg 101-02 Plots 22-30 and 43
Drwg 102-01 Plots 8-10
Drwg 102-02 Plots 11 and 12
Drwg 102-03 Plots 19-21
Drwg 102-04 Plots 34-37
Drwg 103 Plots 5, 7, 31-33, 39 and 48-54
Drwg 104 Plots 3, 4, 6 and 40
Drwg 105-01 Plots 1, 2, 38, 56 and 60
Drwg 105-02 Plot 55
Drwg 106 Plots 57-59
Drwg 01 Rev C Existing tree and vegetation appraisal
Drwg 01 Rev E Overall landscape concept
Drwg 02 Rev C Village green concept
Drwg 03 Rev B Landscape concept sections
Drwg 04 Tree retention, protection and removal plan
Drwg 005 Public open space
Drwg 008-01, 02 & 03 Fencing schedule
Drwg 10 Proposed site drainage
Drwg 13/352/TR/005 Proposed Cronk-y-Thatcher/Main Road junction improvement
Drwg 13/352/TR/003 Rev A Proposed Cronk Cullyn improvement (attachment to letter of 6 May 2014)
In accordance with article 10(c) of the Order, please be advised that the decision of the Council of Ministers is binding and final (subject to the possibility of judicial review by petition of doleance).
The Planning Inspector's report, upon which the decision was determined, may be viewed by visiting http://www.gov.im/categories/planning-and-building-control/planning-development-control/department-applications/departmental-applications-decisions/ or by contacting the office of the Chief Secretary for a hardcopy (Tel 685204).
Yours faithfully,
A Johnstone
A Johnstone Planning Appeals Administrator
Crown Division Government Offices Douglas Isle of Man 17 June 2014 To the Council of Ministers Case Reference: DF/0041 Planning Application: 13/91392/B Application by Hartford Homes Ltd for planning approval for the erection of 60 dwellings including 18 affordable units, with associated infrastructure and landscaping works, improvement works at the junction of Cronk-yThatcher and Main Road (A7) and at a junction within Cronk Cullyn, at Cronk Cullyn, Main Road, Colby.
The principle of the development 14. The site has extant planning approval for 18 dwellings (PA01/02111). The current proposal for 60 dwellings would optimise the use of scarce resources on a site that has been allocated for housing in the recently adopted Area Plan for the South. The Department of Infrastructure's Residential Statement in support of the Modified Draft Area Plan for the South (25 May 2011) estimated that the site had potential for between 59 and 78 dwellings at a density of 30 dwellings per hectare. In his Report on the Modified Draft of the Area Plan for the South, the Planning Inspector's stated "Due to its location, I urge the best possible use and density should be achieved, including affordable housing". The proposed scheme for 60 dwellings pays heed to these matters. It would provide additional, muchneeded homes, and should avoid or delay other land being required for development. Additional benefits include the provision of affordable housing, a
fully equipped playground and better separation between the proposed houses on the eastern boundary of the site and the existing houses in Cronk Cullyn. None of these things were proposed in the earlier scheme for 18 dwellings.
Density, layout and design 15. The density of the proposed scheme would be 22 dwellings per hectare, the lower end of the middle range. The layout of the scheme has been designed around the site's natural features. There would be 7 different house types. The variety of their size and design would provide attractive choices for potential purchasers. To offset the concerns of the residents of No 21 Cronk Cullyn, the first floor window in the east flank wall of the house on Plot 60 would be omitted. It is a secondary window in a bedroom, and therefore not necessary. A planning condition could ensure that this is done.
Open space and landscaping 16. The amount of open space would exceed the standard set in Appendix 6 of the IoMSP. Landscape architects have already prepared concept plans for the landscaping of the whole site, including the village green and its playground. The open space would be donated to Arbory Parish Commissioners, who would then maintain it. 17. The stream along the eastern boundary would be enhanced by the removal of debris and by additional planting. The site is not shown as being at risk on the Isle of Man Flood Maps issued by the Water and Sewerage Authority. Historic flooding of the A7 near the Colby Glen Public House has been attributed to a ditch that runs down Ballacriy Park and along Main Road. Agreement has been outlined with the landowner to clean out the ditch and re-profile it where necessary to ensure that it has sufficient capacity for the additional surface water running off the site.
Affordable housing 18. There would be 18 affordable homes. Fifteen of them would provide the 25 % required by Housing Policy 5 of the IoMSP for a scheme of 60 dwellings. Furthermore, with the agreement of the Department of Social Care, 3 more would be provided to compensate for the absence of provision on a forthcoming development of 12 houses at Ballakillowey. The latter site is in a less sustainable location, and is not as well suited to affordable homes as the Cronk Cullyn site.
Road, and 6 to 7 seconds to turn left. Drivers on Main Road waiting to turn right into Cronk-y-Thatcher would have to wait between 5 and 6 seconds. These delays are much the same as those that are presently experienced, and hence the junction would continue to operate as it does at present without continuous queues of traffic waiting on Cronk-y-Thatcher or Main Road. 22. Main Road, Cronk-y-Thatcher and Cronk Cullyn have plenty of spare capacity to accommodate the additional vehicular movements that would be generated by the proposed development. The traffic that the roads would carry would be about one third of what Manx Roads says they can carry. Road safety would not be jeopardised. In fact highway conditions might get safer because 2 junctions are being improved, and traffic-calming features are to be provided. 23. There would inevitably be some disruption during the construction of the development, but wheel-washing facilities and an on-site compound and car park should minimise any inconvenience to nearby residents.
Mr & Mrs Prior of No 2 Cronk Cullyn are concerned that the improvements to the junction of Cronk-y-Thatcher with Main Road would be achieved by narrowing Main Road to 6.1 m for a distance of 70 m either side of the junction, and by narrowing Cronk-y-Thatcher to 5.5 as it approaches the junction. This is undesirable because it would make turning manoeuvres more difficult. They also note that there would be a 250 % increase in traffic flow outside their house. The density of the proposed development would be about 22 dwellings per hectare. The density in Cronk-y-Thatcher and Cronk Cullyn is only 13 dwellings per hectare. The applicants have not explained how such an increase in density could be in keeping with the area. The poor state of the roads, and the impact on local services such as doctors, are also matters of concern.
David Beard of No 14 Cronk Cullyn feels that the junction of Cronk-y-Thatcher with Main Road is dangerous, and the additional 60 dwellings would make matters worse. The junction needs redesigning or, preferably, the site should be accessed from the Ballacrly Park estate. 27.J & S Dunajewski of No 15 Cronk Cullyn are concerned about the additional traffic and the inadequate junction. They have first-hand experience of near-collisions because of narrow roads, poor visibility and parked vehicles.
Richard Miller of No 18 Cronk Cullyn is concerned about the boundary between his property and the application site. He hopes that the developers will take a sensitive approach to this.
P R Chadwick of No 19 Cronk Cullyn objects to the fact that the number of dwellings is being increased to 60 . He feels that Colby will turn into a small town rather than a Manx village. He also questions who is going to be responsible for the proposed village green. His property adjoins the site, and he would like the treatment of the shared boundary to be agreed prior to planning approval.
Mr & Mrs Gill of No 20 Cronk Cullyn live next to the application site. They object to the increase in the number of houses, and feel that the development would be over-intensive.
M J & E M Quayle of No 21 Cronk Cullyn object because of the substantial increase in traffic and the over-intensive use of the site. In addition, the dwelling proposed for Plot 60 would have 2 windows in the gable facing towards their house. Their front garden and lounge window would be overlooked from close quarters, far closer than the 20 m separation distance normally required. They also feel that it is wrong to allow the required quota of affordable housing to be transferable between different developments. Why should Colby have the affordable housing that ought to be provided on the Ballakillowey development in Rushen?
Martin and Angela Teago of No 22 Cronk Cullyn consider that 60 dwellings would be an extreme over-development, out of keeping with the surrounding residential developments. They have deep concerns about the volume of traffic that would use Cronk Cullyn and Cronk-y-Thatcher. In the winter, when roads are icy, it is impossible to negotiate the hill on Cronk-y-Thatcher, and cars are parked overnight on Main Road. This has inherent dangers. There should be another access into the site where the ground is flatter, perhaps where Plot 17 is proposed. They are also concerned about the volume of construction traffic and the damage it could do to the road surface. They hope that an on-site parking area will be provided for construction workers.
Mrs C Gelling of No 25 Cronk Cullyn would like more Home Zone signs and speed bumps in Cronk Cullyn because children play in the roads. She is also concerned about the increased traffic at the junction of Cronk-y-Thatcher and Main Road. The proposed junction improvements would make the carriageway narrower and more difficult to use. Matters are made worse by the fact that opposite the junction on the other side of Main Road is a bus stop and the entrance to the smallholding known as "The Croit".
David Headon of No 28 Cronk Cullyn does not object to the building of 60 houses on the site, but would like the access to be off Main Road, not Cronk-y-Thatcher.
Alan Leece owns The Builders Yard and Doagh Close next to the Colby Glen Public House. The proposed houses would be near to his land and he would like provision to be made for boundary screening.
Mrs E Allen of No 3 Ballacrly Park accepts that some building on the site is inevitable, but she objects to the density of the proposed development. In her view 60 dwellings would change Colby from a fairly large village to a small town. The number should be reduced considerably. Ballacrly Park is a development of bungalows, and there should be bungalows, not 2-storey houses, in the part of the site nearest to it. Furthermore, the development would put too much pressure on the drainage system. Her garden has been flooded on 3 separate occasions during periods of heavy rain.
Janet and Paul Cain of The Croit, Main Road, Colby own the land directly opposite the entrance to Cronk-y-Thatcher. In their view, any alterations to the junction would have a significant impact on their ability to enter and leave their property safely. Views of oncoming traffic would be even more restricted, and crossing the road on foot would be even more dangerous.
The site is designated in the Area Plan for the South as "Predominantly Residential (Proposed)". It is identified as Site 12 on Map 6, and a Development Brief is provided at paragraph 4.43. The Brief requires the following:
A design and access statement.
Comprehensive landscaping proposals, including the retention of existing mature boundary trees.
Appropriately sited public open space, children's play space and amenity space, in accordance with the Open Space requirements in Appendix 6 of the Isle of Man Strategic Plan (IoMSP).
Improvements to the junction of Cronk-y-Thatcher and A7 (Main Road).
Pedestrian accesses from Ballacriy Park, the Cronk Cullyn estate, and Main Road in the vicinity of the Colby Glen Public House.
A Flood Risk Assessment (because of the stream that runs through the site).
Affordable housing in accordance with Housing Policy 5 of the IoMSP.
The following policies in the IoMSP are also relevant:
The principle of the development 49. The site is allocated for residential development in the 2012 Area Plan for the South (Site 12 on Map 6), and there is a Development Brief for it (paragraph 4.43). Moreover, there is an approval for 18 dwellings on the site (PA01/02111). Work has started on that scheme, and so the approval is still "live" and it could
be fully implemented. The principle of residential development on the site has therefore been firmly established.
Density, layout and design 50. The density of the scheme would be about 22 dwellings per hectare. This would be higher than the density of the residential estates on either side; a matter of some concern to nearby residents. However, I am mindful of the site's sustainable location within the village, and the objective of achieving the best use of resources embodied in Strategic Policy 1 of the IoMSP. I also note that the Inspector for the Area Plan for the South encouraged the achievement of "the best possible density" on this site. I therefore consider the density of 22 dwellings per hectare to be appropriate. 51. In my opinion, the layout of the scheme has been carefully designed to make the best use of the site's topography and natural features. Existing trees would be protected and retained. The stream would be enhanced, in accordance with Environment 7 of the IoMSP. The separation distances between the new dwellings on the site, and between the new dwellings and existing dwellings around the site's boundaries, would meet or exceed the Planning Authority's 20 m rule of thumb. 52. To my mind, the variations in the size and design of the dwellings would give the development an attractive and interesting appearance. The range of materials white render, slated roofs, stone facing and cedar wood detailing - would give the estate its own individual character, but one that would sit comfortably between the housing estates on either side. The relevant criteria of General Policy 2 of the IoMSP would therefore be satisfied.
respect, I am mindful of the Highways Division's support for the proposal. I have therefore reached the view that the additional traffic movements in Cronk Cullyn and Cronk-y-Thatcher would not have a materially adverse impact on highway conditions. Indeed, traffic speeds could be calmed and road safety improved as a result of the slight narrowing of the carriageways and the substantial increases in visibility. Strategic Policy 10 and Transport Policy 4 of the IoMSP both seek to protect highway safety and I am satisfied that this would be achieved.
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
The development shall not commence until there is in place an Agreement under Section 13 of the Town and Country Planning Act 1999 to ensure the provision of affordable housing in accordance with Housing Policy 5 of the Isle of Man Strategic Plan.
No development shall commence until full details of the proposed off-site highway works, together with a timetable for their implementation, have been submitted to and approved in writing by the Planning Authority. The development shall be carried out in accordance with the approved details and timetable.
All the public open space and play equipment shown on the approved plans shall be provided and available for public use on or before the occupation of 50 of the dwellings.
No dwelling may be occupied until such time as the parking spaces associated with it have been provided and there is a road at base course level (or better) to the dwelling and its parking spaces.
No development shall commence until a schedule of materials and finishes to be used in the construction of the external surfaces of walls and roofs, have been submitted to and approved in writing by the Planning Authority. The development shall be carried out in the approved materials.
No development shall commence until a hard and soft landscaping scheme has been submitted to and approved in writing by the Planning Authority. The scheme should be along the lines of Drwg Nos 01 Rev E, 02 Rev C and 03 Rev B. It shall include details of all walls, fences, trees, hedgerows and other planting which are to be retained, details of all new walls, fences and other boundary treatments and finished levels, a planting schedule to include numbers, density, size, species and positions of all new trees and shrubs, details of the hard surface treatment of the open parts of the site, including road surfaces, and a programme of implementation.
All hard and soft landscaping works shall be carried out in accordance with the approved details and programme. Any trees or plants 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 or a species and size to be first approved in writing by the Planning Authority. All hard landscaping works shall be permanently retained in accordance with the approved details.
No development shall commence until the tree protection barriers shown on Drwg 04 (received on 21 January 2014) have been put in place. The barriers shall not be removed until the development has been completed. The protected areas shall be kept clear of any building, plant, equipment, material debris and trenching, existing ground levels shall be maintained, and there shall be no entry into the protected areas except for approved arboricultural or landscape works.
Notwithstanding the information on Drwg 105-01, there shall be no windows above ground floor level in the flank wall of the dwelling on Plot 60 adjacent to No 21 Cronk Cullyn.
Ruth MacKenzie BA(Hons) MRTPT Independent Inspector
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