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Application No.: 10/01123/C
Applicant: Heritage Homes Ltd
Proposal: Removal of condition 7 and variation of condition 9 of approved PA 09/00521/B
Site Address: Residential Development Of 43 Dwellings Under Construction, Parts Of Fields 315097, 311825 & 311826, Adjoining Reayrt Ny Keylley, To The South Of Derby Road/Poortown Road, Peel, Isle Of Man
Case Officer: Mr Steve Stanley
Photo Taken: Mr Steve Stanley
Site Visit: Mr Steve Stanley
Expected Decision Level: Planning Committee
| Three Peaks Poortown Road Peel Isle Of Man | Objects to the proposal | | --- | --- | | Sea Peep Poortown Road Peel Isle Of Man | Objects to the proposal |
Consultee: Highways Division
Notes: No comment.
Consultee: Peel Town Commissioners
Notes: Object
Consultee: IOM Water & Sewerage Authority (Water)
Notes: Comments received
This application is recommended for consideration by the Planning Committee rather than under delegated powers as the Local Authority object to the application which is recommended for approval. A member of the Planning Committee has also requested that the application be considered by the Planning Committee and as the application relates to a development previously determined by the Committee it is judged to be consistent for this application to be referred to the Planning Committee.
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The site relates to parts of Fields 315097, 311825 and 311826 which are to the east of the residential development Reayrt Ny Keylley and to the south of Poortown Road, Peel. The site is currently being developed under the provisions of planning application 09/00521/B. On the opposite side of Poortown Road are Close Quane, a number of individual roadside dwellings and to the north east Ballawattleworth Estate which includes a public house, shop and other services.
The site is part of a larger area designated as being Predominantly Residential use by the Peel Local Plan (Planning Circular 6/89).
PROPOSAL The development approved under 09/00521/B was to be served by a temporary stand alone sewage treatment plant in recognition that at the time of consideration of the application, it was determined that the drainage infrastructure currently serving Peel was at capacity and as such would not be capable of servicing the additional flows which would result from the dwellings.
The use of the temporary standalone sewage treatment plant resulted in the need to discharge treated effluent to the adjacent watercourse which required the granting of a discharge licence from the Environmental Protection Unit (EPU) of the Department of the Environment, Food and Agriculture. Subsequent to planning approval being granted for the development, the application for a discharge licence was refused.
Discussions have been held between the Drainage Division of the Isle of Man Water and Sewerage Authority, the applicant and the EPU in order to assess possible alternative methods of disposing of the treated effluent from the standalone treatment plant.
The Drainage Division of the Isle of Man Water and Sewerage Authority carried out a computer modelling exercise in order to ascertain whether a discharge route through the adjacent estate of Reayrt Ny Keylley would be acceptable in terms of its impact on the existing downstream foul sewer network. The model predicted no detriment to the network and subject to the flow rates being agreed with the Authority, no flooding would occur in the Reayrt Ny Keylley Estate. This route would bypass the section of the foul sewer in Derby Road which requires work in order to overcome surcharging and flooding during rainfall events. The implementation of a solution to the Derby Road problem is stated as being some time away.
The Drainage Division of the Isle of Man Water and Sewerage Authority states that it is satisfied that the treated effluent can be accommodated within the existing sewerage network provided that it bypasses the Derby Road section of the network. The flows from the development would be treated by the standalone treatment plant and would then be pumped back to the foul sewerage network. Concurrent planning application 10/01124/B proposes the amendment of the drainage arrangements approved for 09/00521/B so as to permit the discharge of treated foul sewerage to the public sewer as detailed above.
A consequence of the changes to the drainage system proposed by 10/01124/B is that two of the conditions attached to 09/00521/B are no longer appropriate and as such this application proposes the removal of Condition 7 and the variation of Condition 9.
Condition 7 states: "No connection from the temporary standalone treatment plant or proposed pumping station will be permitted to the existing public foul system until such time as: i) The IRIS regional treatment plant has been constructed and commissioned by the Drainage Division within Peel, and; ii) The necessary sewer upgrading works within the downstream foul sewer network have been undertaken."
This condition was worded on the understanding that the construction of an IRIS treatment plant and upgrading works to Derby Road would be required to allow further flows to the mains system. It is stated by the applicant that as it has now been established that this is not the case and that treated effluent from the development is able to drain to the system, Condition 7 is no longer required and should be removed in its entirety.
Condition 9 of approved planning application 09/00521/B states:
"Once connection from the temporary standalone treatment plant or proposed pumping station to the existing public foul system is complete and the necessary sewer upgrading works within the downstream foul sewer network have been undertaken, the temporary sewage treatment plant and all associated infrastructure must be de-commissioned and removed from the site within 3 months of connection to the public foul system being complete."
It is set out by the applicant that this condition is contrary to the arrangement now proposed and as such it is requested that the condition be varied to the following:
"The temporary sewage treatment plant and all associated infrastructure must be decommissioned and removed from 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."
PLANNING HISTORY
The site has been the subject of a previous application, 06/01393/A which sought approval in principle for the residential development of Fields311825, 311826, 311827, 314444 and 315097, Ballawattleworth Farm in accordance with the densities and indicative highway layout shown on the enclosed master plan. This application proposed a total of 458 dwellings. The Planning Committee resolved to refuse this application for the following reasons:
R1. The proposed development would be premature in that:
a) the Strategic Plan indicates that, in the West of the Island during the Plan Period (2001 - 2016), there is a need for only 1000 dwellings, of which 814 have been, or can be, provided by existing approvals, by conversions, and by windfall sites; a further 173 dwellings have been approved on the adjoining land to the west; and
b) the proposed development would create a demand for more school places than currently exist or for which there are proposals.
R2. In any case, the proposed Master Plan
a) proposes housing at a generally inappropriately high density for an "edge of town" site;
b) proposes an abrupt interface between the built development and the countryside which would have an adverse impact on the landscape; and
c) proposes a layout which would have little in common with the local character of Peel.
A request for an appeal into this decision was made by the applicant but this was subsequently withdrawn. The application now submitted is intended to overcome these reasons for refusal.
PA09/00883/R is a current application which seeks retrospective approval for the temporary storage of construction materials from housing development site, field 315097, adjacent to housing development under construction (Reayrt Ny Keylley). This application follows on from PA07/02224/R which sought retrospective approval for the temporary storage of soil from housing development on the site. This was approved with the following conditions attached:
C1. "This permission relates to the storage of soil taken from the development site immediately to the west, for a temporary period of two years which will expire on 30th November, 2009 (which is two years from the date of submission) or until such times as the residential development is completed, whichever is the sooner. Upon completion of the development or at the expiry of two years as above
all deposited soil must be removed from the site, the temporary fencing removed and the site used in conjunction with the remainder of field 315097 as Open Space /Agriculture"
C2. "The soil may be stored at a height not exceeding 6.5m above original ground level."
PA09/00883/R sought approval for the temporary storage of construction materials. This was refused by the Planning Authority.
09/00521/B sought approval for a residential development of 43 dwellings, including roads, drainage infrastructure and public open space. This was refused by the Planning Committee but was later approved at appeal. The application was proposed the treatment of foul sewage using a standalone sewage treatment plant which would process the waste from the development and discharge treated effluent to the adjacent watercourse.
10/00544/B is a current application which seeks approval for a residential development of 101 dwellings with associated highways and drainage works, public open space and landscaping. This application has been amended to have the same drainage system as proposed by this application.
10/00665/B sought approval for the creation of a temporary construction access to serve residential development approved under 09/00521/B. This was permitted.
10/01124/B is a current application which seeks approval for amendments to the drainage arrangements approved under 09/00521/B and should be considered in conjunction with this application.
PLANNING STATUS
The site is identified within the Peel Local Plan as being Proposed Residential. Paragraph 5.3 states that "Land for residential development on the perimeter of the town will be allocated." Paragraph 5.8 goes on to set out that "The extension of the town by the allocation of residential land is based on the policies set out in the 1982 Development Plan." Paragraph 5.12 advises that "The total areas allocated, in conjunction with the policy of providing additional residential accommodation based on the old town, are considered adequate for the town's need at the present time." Paragraph 5.14 states that "New residential development will be to appropriate densities in order both to meet the requirements of the population and to reduce the impact on the countryside.
Within the Isle of Man Strategic Plan the following policies are considered specifically relevant to the determination of this application:
Infrastructure Policy 1:
"With the exception of individual plots or very small-scale schemes (equivalent in scale to an individual plot), development shall only take place in areas which will ultimately be connected to the IRIS system."
Infrastructure Policy 2:
"Full details of all interim drainage arrangements for development in areas awaiting connection to IRIS shall be submitted to and approved by the Department of Local Government and the Environment before development is commenced." (bold used for emphasis).
REPRESENTATIONS
The Department of Transport Highways Division does not object to this application.
The Drainage Division of the Isle of Man Water and Sewerage Authority does not object to this application subject to conditions. A more detailed summary of the Division's response is set out in the assessment section of this report.
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Peel Town Commissioners object to this application on the grounds that there is serious concern over the ability of the Town's sewerage mains system to take the additional sewerage generated by a further 101 dwellings at this location (this refers to the current PA 10/00544/B). It is the Commissioners view that Peel's sewerage system lower down the Town will be overloaded and compromised if approval is given.
The owners/occupiers of Sea Peep, Poortown Road, Peel have submitted a lengthy objection to this application which in summary states that the plans still show an outfall to the watercourse and that the plans lack detail. It is questioned why the Drainage Division now say that the network is capable of handling additional flows given their previous opposition to this. Questions are also raised as to what should happen in the event that the standalone treatment plant should suffer mechanical failure. It is requested that Interested Party Status be conferred to the owners/occupiers of Sea Peep.
The owners/occupiers of Three Peaks, Poortown Road, Peel object to this application have submitted a lengthy objection to this application (a copy of that submitted by the owners/occupiers of Sea Peep) which in summary states that the plans still show an outfall to the watercourse and that the plans lack detail. It is questioned why the Drainage Division now say that the network is capable of handling additional flows given their previous opposition to this. Questions are also raised as to what should happen in the event that the standalone treatment plant should suffer mechanical failure. It is requested that Interested Party Status be conferred to the owners/occupiers of Three Peaks.
ASSESSMENT
The development approved under 09/00521/B was to be served by a temporary sewage treatment plant situated to the south west of the site. The decision to propose a standalone treatment plant was the result of the inability of the existing drainage infrastructure which serves Peel to accommodate additional loads. Once the development could be connected to the mains sewers, the temporary plant would be decommissioned and removed from the site.
At the time of the determination of planning application 09/00521/B, the then Department of Transport Drainage Division (now the Drainage Division of the Isle of Man Water and Sewerage Authority) confirmed that the delivery of IRIS within Peel was still some time away, with land ownership, design and planning permissions all still required, however an approximate timescale is 5-6 years. An added complication for the connection of this development to the public foul system was also highlighted in that sections of the foul sewer network in Derby Road and further downstream at East Quay surcharge and flood during rainfall events.
The use of the standalone sewerage treatment plant was proposed as a way of overcoming these issues. However the failure of the applicant to secure a discharge licence to release treated effluent into the adjacent watercourse has led to the investigation of alternative drainage arrangements. The computer modelling carried out by the Drainage Division of the Isle of Man Water and Sewerage Authority has shown that the foul sewerage system which serves the Reayrt Ny Keylley Estate is capable of accommodating the treated effluent flows from the development without detriment.
Concurrent planning application 10/01124/B proposes amendments to the drainage arrangements approved to serve the development so as to allow the effluent from the development to be treated by the standalone sewerage treatment plant and then pumped and discharged to the mains foul sewer. This has met with the approval of the Environmental Protection Unit and the Drainage Division and is recommended for approval. A consequence that would arise from the approval of the amendments proposed by 10/01124/B is that Condition 7 of 09/00521/B would no longer be relevant. Given that 10/01124/B is recommended for approval, it is recommended that the proposal to remove Condition 7 be approved.
Further to this, Condition 9 of 09/00521/B would also require variation if planning application 10/01124/B is approved so as to ensure the removal of the standalone treatment plant once Peel's
foul sewerage system is connected to IRIS. It is recommended that such variation to Condition 9 be approved.
RECOMMENDATION
Permit
PARTY STATUS
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
Accordingly the following parties are not granted Interested Party Status:
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommendation
Recommended Decision: Permitted
Date of Recommendation: 04.10.2010
Conditions and Notes for Approval / Reasons and Notes for Refusal
C 1.
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2.
This approval relates to the removal of Condition 7 and variation of Condition 9 of approved PA09/00521/B, Residential Development of 43 dwellings under construction, Parts Feilds 315097, 311825 and 311826, Adjoining Reayrt Ny Keylley and to the south of Derby Road/Poortown Road, Peel as shown by 2313/2/100, 2313/2/101, 2313/102, 2131/2/103, 2313/2/104, 2131/2/105, 2313/2/106, 2313/2/107, 2313/2/108, 2313/2/109, 2313/2/110, 2313/2/111, 2313/2/112, 2313/2/113 and M125 Rev A (pursuant to PA09/00521/B) and 2313_ADR_STP Rev A and 2313_ADR_500 Rev F submitted as part of PA10/01124/B.
C 3.
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.
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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.
C 4. 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.
C 5. There must be no discharge of surface water to the main foul sewer.
C 6. 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.
C 7. 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.
I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made: 15.59.11.11.
Authority Meeting Date: 15.11.21.2010
Signed: ______________________________
Presenting Officer: ______________________________
Further to the decision of the Authority an additional report/condition reason is required.
Signing Officer to delete as appropriate
YES/NO
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