18 October 2010 · Planning Committee
Field 315097, Poortown Road, Peel, Isle Of Man, IM5 1gq
The site is part of fields designated for residential development in the Peel Local Plan, currently under construction for 43 dwellings approved under PA 09/00521/B. The original approval included a temporary standalone sewage treatment plant due to capacity issues in Peel's drainage infrastructure, but a discharge lic…
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The key issue was acceptability of amended drainage arrangements following refusal of discharge licence for original watercourse outfall.
Infrastructure Policy 1
Requires development (except individual plots/small schemes) in areas ultimately connectable to IRIS system. Proposal uses temporary standalone plant as interim measure until IRIS connection possible.
Infrastructure Policy 2
Requires full details of interim drainage arrangements awaiting IRIS to be approved before commencement. Amended arrangements assessed and approved by Drainage Division via modelling, satisfying policy requirements for temporary solution.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to the amendment of drainage layout arrangements approved under PA09/00521/B... as shown by [listed drawings].
Landscaping
All planting, seeding or turfing comprised in the approved details of landscaping shown on approved drawings... must be carried out in the first planting and seeding seasons... Any trees or plants which within a period of five years... must be replaced...
Roads and parking
Prior to the occupation of any dwellings, the road layout... including parking areas, must be laid to at least base course level and the parking associated with the development must be available for use...
Surface water discharge
There must be no discharge of surface water to the main foul sewer.
Plant decommissioning
The temporary sewage treatment plant and all associated infrastructure must be decommissioned and removed from the site within 3 months of the public foul sewer system within Peel becoming connected to IRIS unless otherwise agreed in writing with the Planning Authority.
Construction Method Statement
No development shall take place, until a Construction Method Statement has been submitted to, and approved in writing by, the Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: i) the parking of vehicles... ii) loading and unloading... iii) storage... iv) wheel washing facilities; and v) measures to control the emission of dust and dirt during construction.
No objection subject to conditions; modelling shows network can accommodate flows without detriment if bypassing Derby Road
No comment to make
Private individuals and Peel Town Commissioners objected to the drainage amendment due to concerns over sewer capacity and lack of details, while Isle of Man Water & Sewerage Authority raised no objection subject to multiple conditions, and Highways Division had no comment.
Key concern: Sewerage system capacity and Derby Road flooding
Isle of Man Water & Sewerage Authority
Conditional No ObjectionThe model predicted no detriment to the existing network downstream of the Rearyt Ny Keylley pump station, and subject to the pump flow rates being agreed with the Authority, no flooding would occur in the recently completed Reayrt Ny Keylley Estate.; The Water & Sewerage Authority is satisfied that the treated foul effluent can be accommodated within the existing sewerage network.
Conditions requested: The proposed pumping rates from the new pump station must be agreed with the Authority.; There must be no discharge from the proposed foul pumping station into the main sewer within Derby Road until such time as the Authority has addressed the flooding within this area. Once the Authority has addressed the flooding on Derby Road, flows must then be diverted from Clover Avenue into the Derby Road.; The existing foul pumping station located within Reayrt Ny Keylley and the proposed pumping station to serve the above development must be linked via telemetry as per the Authority's requirements.; The proposed foul treatment plant will remain private and not be considered for public adoption by the Authority.; The foul treatment plant serving the development must remain operational until such time as the regional treatment works for Peel has been constructed and commissioned by the Authority.; There must be NO discharge of surface water from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Isle of Man Water & Sewerage Authority.; In accordance with the Sewerage Act 1999, communication fees will be payable to the Isle of Man Water & Sewerage Authority in respect of these properties being connected to the public drainage system.
Department of Infrastructure Highways Division
No CommentThe Department of Infrastructure Highways Division has no comment to make on this application.
Peel Town Commissioners
ObjectionRECOMMEND REFUSAL
The original application PA 09/00521/B for 43 dwellings was approved on appeal with a temporary standalone sewage treatment plant due to capacity issues in Peel's sewerage system and pending IRIS connection. Subsequent applications PA 10/01124/B and PA 10/01123/C sought to amend drainage arrangements (routing treated effluent via Reayrt Ny Keylley to bypass overloaded Derby Road sewers, following computer modelling by IOM Water & Sewerage Authority) and vary conditions 7 and 9 accordingly; these were permitted by the Planning Committee on 15/10/2010 despite third party objections. Appellants (neighbours) argued inconsistency in drainage authority advice, lack of plan details, risk of sewer overload/flooding, and poor bathing water quality. The inspector's analysis at public inquiry on 01/03/2011 favoured the technical evidence from drainage professionals, confirming no detriment to the network or environment from the revised routing and treated effluent. Appeals were dismissed with recommendations for approval, amended conditions, and securing affordable housing via legal agreement.
Precedent Value
Demonstrates drainage appeals turn on specialist technical evidence/modelling over local perceptions; applicants must provide clear plans early and secure S13 agreements for affordable housing in re-approvals. Future cases should anticipate dual permission risks and prioritise authority consultations.
Inspector: Graham Self MA MSc FRTPI
