17 January 2024 · Planning Committee
Field 524202, Peel Road, Douglas, Isle Of Man, IM2 2ra
The site comprises agricultural fields allocated for predominantly residential use (Residential Proposal 1, Area Plan for the East) between Braddan Road, Tromode Woods, Douglas Rugby Club and Kirk Braddan Cemetery.
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The site is allocated for predominantly residential use under Residential Proposal 1 in the Area Plan for the East 2020, with a development brief for ~300 dwellings, school, community facilities and o…
General Policy 2
Requires no significant adverse amenity impacts; separation distances >20m, noise modelling compliant with BS8233, air quality negligible.
Environment Policy 14
Prohibits Class 1/2 loss without overriding need; site Grade 3a/3b per assessment (not 2/3 as objectors claimed), allocation prevails.
Housing Policy 5
Requires 25% affordable on schemes ≥8 dwellings; 80 units (2/3-bed) secured via S13 agreement.
Transport Policy 4
Requires safe access; ghost-island junction, visibility splays, modelling confirm no material harm.
Time limit (non-school elements)
The development hereby approved, namely works relating to the dwellings, retail units, children's nursery and associated landscaping and infrastructure outside of the school site, shall be begun before the expiration of four years from the date of this decision notice.
Phasing plan
Notwithstanding details already submitted, an updated phasing plan, including trigger points for the delivery of the local centre (i.e. retail and nursery) shall be submitted to the Department prior to the commencement of development. The development shall be undertaken in full accordance with the approved phasing plan.
School reserved matters time limit
Application for approval of the siting, design, external appearance, site layout and landscaping of the school site (hereinafter called "the reserved matters") shall be made to the Department before the expiration of four years from the date of this approval and the school development shall then be begun before the expiration of two years from the date of approval of the reserved matters.
Visibility splays
The visibility splays shown on drawings ITB15759-GA-010 rev E (Braddan Road), ITB15759-GA-44 rev B (The Falls), ITB15759-GA-034 rev B (Internal visibility splays) must be provided prior to its first use and permanently maintained...
Highway drain upgrade
Prior to the upgrading of the existing highway drain on Braddan Road, the proposed works must be submitted to and approved in writing by the Department. The relevant works shall be carried out in accordance with the approved details.
No objection subject to conditions; access/layout accords with Manual for Manx Streets, traffic modelling shows no material harm, single access adequate
Suitable assessments; no net biodiversity loss with conditions (boxes, CEMP, surveys)
No objection; net canopy gain with AMS condition
No objection on heritage grounds with archaeological condition
Endorses for housing delivery, economic benefits, aligns with Economic Strategy
25% affordable (80 units) required via S13
Detailed objections from residents (Alma Legal on behalf of 326 residents) and Braddan Parish Commissioners (via Pegasus Group) to residential development on greenfield agricultural land, citing policy breaches, traffic, ecology, landscape, drainage, archaeology, and soil quality issues; no statutory consultee responses included.
Key concern: Breaches policy prioritising brownfield/greenfield sequential development and loss of protected Class 2/3 agricultural land
Alma Legal (on behalf of residents)
ObjectionThe proposal is inconsistent with the ‘current policy of constraining further greenfield development’ (para 5.9 of the Strategic Plan 2016); The sites are versatile and potentially important agricultural land protected by Environment Policy 14(b); Development of the sites would adversely affect wildlife on the adjacent and nearby Wildlife Sites
Braddan Parish Commissioners (via Pegasus Group)
ObjectionThe site is not considered suitable for development due to its inherent landscape and visual sensitivities; A singular vehicular Site Access is proposed to serve the entire development. It is considered a development of this scale would require a secondary access
Conditions requested: site access/layout details; visibility splays; completion of streets; car parking retention; cycle parking sheds; off-site works (bus stops, crossings, signage); Travel Plan approval; CEMP
Resident at 4 River Walk
ObjectionInspector Hurley was not sufficiently briefed prior to the Public Enquiry; Unless Government can prove without any doubt that the change in land classification followed due legal process
DOI Highways (Richard Webster)
Conditional No ObjectionThe note appears reasonable and the new access...appears to not have a significant negative impact
The original hybrid application for up to 320 dwellings (reduced from 328), nursery, neighbourhood centre and approval in principle for a primary school on land east of Braddan Road was approved by the Planning Authority on 17 January 2024 despite third party objections, following allocation of the site in the Area Plan for the East 2020. Braddan Parish Commissioners and occupiers of Nos 1,2,3 Braddan Bridge appealed under Article 10 of the Town and Country Planning (Development Procedure) Order 2019, raising issues including policy compliance, traffic impacts, air quality, drainage, soil quality, wildlife, coalescence and procedural matters. The Inspector, following a 3-day inquiry and unaccompanied site visit on 20 May 2024, found the principle of development acceptable given the site's allocation and Development Brief compliance, with no material harm from traffic (negligible increases confirmed by Paramics modelling), character/appearance (mitigated by layout and planting), heritage, accessibility, housing mix, ecology (no net loss with mitigation), drainage (satisfactory to statutory consultees), air quality (negligible impacts) or social infrastructure. The Inspector recommends upholding the decision, subject to conditions and S13 agreement securing affordable housing and open space.
Precedent Value
Affirms primacy of up-to-date Area Plans over Strategic Plan where inconsistent; negligible traffic/air quality impacts acceptable on sustainable sites; conditioned mitigation achieves no net loss ecology/drainage; masterplans need only demonstrate no prejudice to adjacent allocations.
Inspector: Mrs Jennifer Vyse DipTP, MRTPI, DipPBM
