3 October 2013 · Delegated - Director of Planning and Building Control (H Kallyher)
Field 414532, Barracks Road, Port St Mary, Isle Of Man, IM9 6da
The proposal involves building 155 dwellings of mixed types (terraced, semi-detached, detached, bungalows for sheltered housing) across fields 411529 and 414546, with associated roads, drainage via soakaways, and public open space.
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The site is designated in the Southern Area Plan as suitable for predominantly residential development with recreation/open space/cemetery extension, and the proposal accords with Development Brief 23…
Strategic Policy 1
Requires optimising previously developed land, efficient site use considering access/landscaping/open space/amenity, utilising existing infrastructure. Officer assessed proposal makes best use of allocated site with efficient layout, adequate open space, access to services/school/medical/bus.
General Policy 2
Presumption in favour of zoned development if respects site/surroundings (siting/layout/scale/design/landscaping), no adverse landscape/amenity/highway impacts, adequate access/parking/services. Officer confirmed compliance point-by-point: accords with brief, respects character with varied density/elements from adjacent housing, 20m separations, safe access, no wildlife/sea views/flooding issues.
Strategic Policy 10
Promote integrated transport minimising car journeys, best use public transport, no highway safety impact, encourage walking. Site location near facilities/school/bus with pedestrian links assessed as sustainable.
Transport Policy 4
Highways to accommodate generated traffic safely. Transport assessment confirmed Church Road capacity far exceeds added flows.
Environment Policy 42
Design to reflect local character/identity, no inappropriate backland/loss green spaces. No protected greenspaces removed; design complements adjacent with new features for sense of place.
Housing Policy 5
25% affordable in 8+ dwelling sites on zoned land. 39 units (25%) provided as sheltered/FTB via legal agreement.
Recreation Policy 3
New residential 10+ dwellings provide landscaped amenity per Appendix 6 standards. Provided 13.8ha vs 1.38ha required (excess from rec/cemetery land).
Recreation Policy 4
POS on-site/close/accessible by foot/public transport. Central POS overlooked/accessible; larger areas transferred to LA.
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 development of an estate of 155 dwellings and associated roads, sewers, drainage, Public Open Space and landscaping all as set out in the following drawings: [lists numerous drawings received July/August 2013].
Landscaping implementation
Other than as specified in the approved phasing schedule, all planting, seeding or turfing comprised in the approved details of landscaping 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.
Tree/shrub planting scheme field 414532 boundary
Prior to the commencement of any building works on the approved dwellings, there must be approved by the Planning Authority a detailed scheme for tree and shrub planting along the boundary of the site with field 414532 such that the outlook of the residents within the estate is maintained but also such that a soft edge to the residential development is provided. The landscaping must be undertaken in accordance with the approved scheme in accordance with condition 3.
POS fields 411529/414546 completion
The Public Open Space within fields 411529 and 414546 (the residential part of the development) must be finished and available for public use prior to the completion of the residential development.
POS fields 414532/414214 availability
The Public Open Space proposed for fields 414532 and 414214 (the recreation, public open space and burial facilities) must be made available for public use prior to the completion of the final two dwellings of the residential development.
Roof tile colours scheme
Prior to the commencement of building works on any dwelling, a scheme showing the introduction of different colours of roof tiles must be approved by the Planning Authority and the development undertaken in accordance with this scheme. The scheme should show some variety in the colour of roof tiles to introduce interest to the visual impact of the development.
Church Road access/footways prior to occupation
Prior to the occupation of any dwelling, there must be between the property and the A29 Church Road an access including footways constructed to at least base course level and adequately lit.
Traffic calming prior to occupation
Prior to the occupation of any dwelling appropriate traffic calming features to ensure that traffic travels at a safe speed must be installed to the satisfaction of the Planning Authority.
Parking provision prior to occupation
No dwelling shall be occupied until the vehicular access has been provided where shown on the approved plans and in all cases space has been laid out for at least two motor cars to be parked in accordance with the drawing 17.02 P3. These vehicle parking facilities shall thereafter be retained for use in conjunction with the relevant dwelling.
Visibility splays access
No development of any kind may be undertaken until such time as there is in place and available for use, an access with visibility splays of 4.5m by 90m from Church Road into the site in accordance with the approved plans and the visibility splays must be retained as such in perpetuity: nothing that exceeds or may exceed one metre in height above the level of the adjacent carriageway may be planted, erected or allowed to remain within the visibility splay.
Supports footpath from car park alongside 68/69 Magherbreekyn for schoolchildren; unnecessary trees rear of 7-11 Magherdonnag/37-41 Maghergarran; pavilion near parking behind 11 Magherdonnag/37 Maghergarran
Supportive of some development; accept residential allocation; pleased with recreation land transfer to local authority; will work with Ballakilley Working Party
Compelled to support
Request affordable housing mix of public rented and first time buyer
Request consultation on electricity supplies (no material concerns raised)
The original application for residential development of 155 dwellings with infrastructure, public open space, landscaping, and cemetery extension was permitted on 16.09.2013. Port Erin Commissioners appealed specifically against the open-ended nature of condition 6, seeking a firmer 12-month time restriction for making certain public open space available after phase 1 completion. The appeal was lodged under the Town and Country Planning (Development Procedure) Order 2005 and referred to an independent person. Prior to any hearing or representations deadline, Port Erin Commissioners withdrew the appeal on 20.11.2013 due to documentation from the Elizabeth Clucas Trust and Rushen Parish Commissioners. The Chief Secretary's Office confirmed on 21.11.2013 that the original permitted decision stands.
Precedent Value
This appeal demonstrates that providing targeted documentation addressing specific concerns can lead to swift withdrawal of appeals against approval conditions, avoiding protracted proceedings. Future appellants challenging conditions should assess the strength of their position before lodging, as reassurances can resolve issues pre-hearing.
