Removal of condition 7 and variation of condition 9 of approved PA 09/00521/B

Why was this approved?

• drainage capacity confirmed by modelling
• bypass of Derby Road surcharging
• no detriment to downstream network
• withdrawal of watercourse discharge
• compliance with interim drainage policy
• support from Water & Sewerage Authority

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Decision & Reasoning

Policies Assessed (2)

Conditions (7)

1. 1

   Time limit

   The development hereby permitted shall commence before the expiration of four years from the date of this notice.

2. 2

   Approved plans

   This approval relates to the removal of Condition 7 and variation of Condition 9 of approved PA09/00521/B... as shown by [listed drawings].

3. 3

   Landscaping

   All planting, seeding or turfing comprised in the approved details of landscaping shown on approved drawings 2313/2/113 Landscaping Layout and 2313/2/213 Rev A (pursuant to PA09/00521/B) must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species unless otherwise agreed in writing with the Planning Authority.

4. 4

   Roads and parking

   Prior to the occupation of any dwellings, the road layout shown by approved drawing 2313/2/113 (pursuant to PA09/00521/B), including parking areas, must be laid to at least base course level and the parking associated with the development must be available for use by occupiers of the dwellings.

5. 5

   Surface water drainage

   There must be no discharge of surface water to the main foul sewer.

6. 6

   Sewage 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.

7. 7

   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 of site operatives and visitors; ii) loading and unloading of plant and materials; iii) storage of plant and materials used in constructing the development; iv) wheel washing facilities; and v) measures to control the emission of dust and dirt during construction.

Public Comments (5)

The original application PA 10/01123/C sought removal of Condition 7 and variation of Condition 9 on prior approval PA 09/00521/B for 43 dwellings under construction, as drainage arrangements had changed following refusal of a discharge licence and new computer modelling by IOM Water & Sewerage Authority showing capacity via Reayrt Ny Keylley route bypassing Derby Road issues. A linked application PA 10/01124/B proposed drainage amendments using a temporary standalone treatment plant pumping treated effluent to public foul sewer. The Planning Committee approved both on officer recommendation despite objections from Peel Town Commissioners and neighbours Sea Peep/Three Peaks over sewer overload and inconsistent authority advice. Appellants (Cowins) argued discrepancies in drainage authority advice, lack of plan details, pressure on authorities, and risks to bathing water/ flooding. The inspector found the revised drainage acceptable based on professional evidence, dismissed procedural challenges, noted unclear plans but no prejudice, and recommended dismissal with provisos for Section 13 affordable housing agreement and condition tweaks to avoid dual approvals.

Inspector: Graham Self MA MSc FRTPI