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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 22/00675/B Applicant : Hartford Homes Proposal Full approval for a residential development comprising up to 320 dwellings, a nursery and a neighbourhood centre with associated highway and pedestrian/cycle access and infrastructure, drainage, landscaping and public open space together with approval in principle for a 2-form entry primary school and associated access/infrastructure Site Address Fields And Part Fields 524202, 524978, 524930, 524765, 524224, 524225 & 524226 Land East Of Braddan Road Braddan Isle Of Man IM2 2RA
Case Officer :
Mr Toby Cowell Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Approve subject to Legal Agreement Date of Recommendation 13.06.2023
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved, namely all 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.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. 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.
Reason: To ensure future residential properties are served by on-site local facilities in a timely manner.
C 3. 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. The school development shall thereafter be carried out in accordance with the details as approved.
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Reason: To comply with article 26 of the Town and County Planning (Development Procedure) Order 2019
C 4. 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, with no obstructions from a driver's eye height of 1.05m to an object height of 0.6 m above the road surface within the visibility splay areas and pedestrian inter-visibility provided at path/public road intersections shall be 2x2m.
Reason: In the interests of highway safety.
C 5. No dwelling, or unit within the local centre, hereby approved shall be occupied until the driveway, parking spaces, turning area and associated drainage for the relevant dwelling/unit have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter.
Reason: To ensure that the development is served by an adequate means of access.
C 6. The estate roads, including footways, shall be constructed so as to ensure that, before it is occupied, each dwelling or unit within the local centre has been provided with a properly consolidated and surfaced footpath and carriageway to at least base course level between the unit and the existing highway at Braddan Road, or in relation to Plots 237 and 238, off The Falls.
Reason: To ensure that the development is served by an adequate means of access.
C 7. Prior to the occupation of those dwellings without garages, cycle storage provision to a level of one storage space per bedroom shall be provided in accordance with details to be submitted to and approved in writing by the Department and shall be retained at all times thereafter.
Reason: To ensure that the development is served by adequate cycle storage.
C 8. Prior to the first occupation of the local centre, cycle parking shall be provided in accordance with details to be submitted to and approved in writing by the Department and shall be retained at all times thereafter.
Reason: To ensure that the development is served by adequate cycle storage.
C 9. Prior to the first occupation of any dwellings hereby approved the off-site works listed below shall be completed either in accordance with details which have first been submitted to and approved in writing by the Department, or through a similar scheme undertaken by the Department of Infrastructure:
o Bus stop enhancements to upgrade the southbound bus stop on Peel Road south of the junction with Braddan Road as indicatively shown on i-Transport Drawing: ITB15759-GA-030; o Installation of dropped kerb crossings on Ballafletcher Road at North Lodge and Old School House as indicatively shown on i-Transport Drawing ITB 15759-GA-024
o Wayfinding signs on Heritage Trail off-road and link through the NSC
Reason: In pursuit of sustainable transport objectives.
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C 10. No later than the occupation of the 100th dwelling hereby approved the pedestrian/cycle route to Peel Road via Douglas Rugby Club including the Peel Road pedestrian crossing shall be completed in accordance with details which have first been 20 submitted and approved in writing by the Department broadly in accordance with drawings ITB15759-GA-40 Rev A and ITB15759-GA-41 Rev A.
Reason: To ensure the sustainable travel options are undertaken as proposed.
C 11. As part of any Reserved Matters application for the proposed school full details of the access arrangements, parking, turning, servicing and operation shall be submitted to and approved in writing by the Department and implemented thereafter prior to the first occupation of the school.
Reason: To ensure that the development is served by adequate school drop-off facilities
C 12. Prior to the commencement of any construction work details of the construction access and construction traffic management must be submitted to and approved in writing by the Department and the development must be undertaken in accordance with these details.
Reason: To maintain safe and adequate site access arrangements for construction traffic and other highway users
C 13. The approved i-Transport Framework Travel Plan submitted with the application shall be implemented in accordance with the measures and any phasing of them as set out therein.
Reason: to ensure the sustainable travel options are undertaken as proposed.
C 14. Bird boxes (with the majority type being habitat swift box) and bee bricks shall be provided on every house prior to its occupation and retained thereafter in accordance with the details specified on Drawing Hart 45-51E.
Reason: To safeguard statutorily protected species and in the interest of biodiversity.
C 15. Bat boxes shall be provided in accordance with Manx Wildlife Trust Consultancy Protected Species Report on Bats (November 2020) and Drawing 45-51E constituting of a minimum of 10 integral bat roost niches for crevice and hollow roosting species within houses adjacent to the retained woodland and 5 crevice and hollow niche boxes in the perimeter woodland to be installed prior to completion of the relevant phase of development in accordance with Manx Wildlife Trust guidelines and retained thereafter.
Reason: To safeguard statutorily protected species and in the interest of biodiversity.
C 16. Prior to the installation of any garden fencing details a scheme to enable ease of movement through the site for hedgehogs must be submitted to and approved in writing by the Department and the development must be undertaken in accordance with these details.
Reason: To provide adequate safeguards for the ecological species existing on the site.
C 17. Prior to the commencement of development, a Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Department, with all works to be undertaken in accordance with the approved detail. The CEMP will need to incorporate the following measures and detail:
o Details of a suitably qualified Ecological Clerk of Works (ECoW), who will be appointed for the duration of the works, including site clearance - name of person/company as well as details about their role on site.
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o Responsible working methods to ensure that construction and site operations will avoid and mitigate detrimental impacts upon wildlife including nesting birds, bats, common lizards and common frogs - including Precautionary Working Method Statements (PWMS) - methodology and timescales for vegetation removal, checks by suitably qualified ecologists wherever necessary, including pre-felling checks of trees with potential roost features identified by the Manx Wildlife Trust Consultancy. o Measures for the retention and protection of retained boundary features and onsite habitats including hedges, banks, stone walls, marshy grassland, woodland rough grassland and trees - use of protective fencing and replacement of this if it becomes damaged, and construction exclusion areas. o Details of construction lighting to ensure it would not negatively impact upon wildlife on and around the site.
Reason: To provide adequate safeguards for the ecological species existing on the site.
C 18. Prior to any works relating to the installation of the proposed attenuation tanks and cycle path shown on Drawing Hart 45-58 and Hart 045-59, a mycological (fungi) survey must be undertaken by a suitably qualified ecological consultancy and a report, detailing the findings and appropriate mitigation to be submitted to the Department and agreed in writing. The agreed mitigation measures shall be implemented in accordance with the approved details.
Reason: To provide adequate safeguards for the ecological species existing on the site.
C 19. Notwithstanding details already submitted, prior to commencement of any construction works a detailed hard and soft landscaping strategy (other than private gardens) shall be submitted to and approved in writing by the Department and the development must be undertaken in accordance with these details. The plans should contain planting speciation's and species lists for all of the tree, hedge, shrub and herbaceous planting and full details of the existing vegetation that is to be retained, together with all hard landscaping details, and an updated boundary treatments plan.
Details of soft landscaping shall further include a habitat mitigation and management plan, which shall include the following details:
o A plan, including approximate timescales, for the creation/retention/enhancement and ongoing management of the new micro forest, thickets, marshy grassland/'ecological area' adjacent to Hollin Bank, pond/wetland area to the south of Plots 281 - 295, woodland, low fertility species-rich grassland, species-rich verge, scrub belt, and lizard and frog hibernaculums. To include, where relevant, measures to prevent the degradation of specific areas from disturbance by people and dogs such as the use of signage and secure fencing or new walling and interpretation to promote public interest.
o Each element of new ecology mitigation/enhancement work to be completed prior to the occupation of the last dwelling within the phase of work within which they are located, as detailed on the Phase Plan Hart 045-62 unless otherwise agreed in writing by the Department.
All hard and soft landscaping works shall be completed in full accordance with the approved details prior to the occupation of the relevant building/s i.e. dwellings, nursery/retail unit and thereafter retained. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.
Reason: In the interests of the character and visual amenity of the site, and to enhance and safeguard biodiversity.
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C 20. As part of any Reserved Matters application for the proposed school a new Preliminary Ecological Appraisal Report (PEAR) shall be undertaken for the school site. The survey shall be undertaken by a suitably qualified ecological consultancy and shall be accompanied with any additional species surveys as determined by the ecologists and shall include proportionate avoidance, mitigation and compensation measures to ensure that the development results in no net loss for biodiversity on site, in line with current Isle of Man Government policy.
Reason: To provide adequate safeguards for the ecological species existing on the site.
C 21. No external lighting shall be installed or operated within the site other than in accordance with a scheme of low level lighting (designed in accordance with the recommendations outlined in the BCT and ILP Guidance Note 8 Bats and Artificial Lighting (12th September 2018) which shall be submitted to and approved in writing by the Department. The lighting scheme to be submitted shall include detailed drawings of lighting columns and fittings, information about the levels of luminance and any measures for mitigating the effects of light pollution. The development shall not be carried out other than in accordance with the approved details, and shall thereafter be retained as such.
Reason: To provide adequate safeguards for the ecological species existing on the site.
C 22. Prior to the commencement of the development hereby approved, an Arboricultural Method Statement (AMS) detailing the full tree protection measures in line with the drawings entitled Tree Protection (Ref: OTP-160522-N Rev A and OTP-160522-S Rev A Outline Tree Protection North and South), submitted in support of the application, and which adheres to the recommendations of BS5837:2012 (Trees in relation to design, demolition and construction - recommendations), shall be submitted to and approved in writing by the Department. The AMS shall provide technical detail on the required protection measures, construction methods and supervision protocols. The agreed protection measures, construction methods and monitoring shall be adhered to in full.
Reason: To provide a level of technical detail sufficient to provide a high level of confidence in the outcome for retained trees on or adjacent to the site
C 23. No retained tree, as per the details shown in drawing ref. OTP-160522-N-RevA and OTP- 160522-S-RevA shall be cut down, uprooted, destroyed or damaged in any manner during the development and thereafter within 5 years from the date of first occupation of the development, other than in accordance with the approved plans and particulars. In the event that trees marked for retention die or become damaged or otherwise defective prior to commencement or during the construction phase due to events outside the applicants control, the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.
Reason: To ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality.
C 24. Prior to the occupation of the first dwelling in each phase of development hereby approved, a scheme for the design and layout of the proposed areas of public open space within that phase as shown on drawing Ref: Hart 045 60, including the position of equipment, and the boundary treatment to prevent vehicles entering or parking within it, must be approved in writing by the Department, and the development must be undertaken in accordance with this scheme. The delivery of public open space shall be undertaken and completed prior to the completion of the final dwelling in each phase.
Reason: To ensure that public open space is safe for use and that its layout is not detrimental to the living conditions of the occupants of adjacent dwellings.
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C 25. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2012 (or any Order amending, revoking or re-enacting that Order with or without modification) no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwellinghouse forward of any wall of that dwellinghouse which fronts onto a highway other than as shown on the approved plans.
Reason: In order to safeguard the character and appearance of the area.
C 26. No development shall commence on site until a programme of further archaeological work in accordance with a written scheme of investigation, to include excavations where required, has been submitted to and approved in writing by the Department. The programme shall indicate the degree of supervision by a qualified archaeologist. The development shall not be carried out unless in accordance with the programme of archaeological work so approved.
Reason: To ensure that archaeological remains and features are adequately recorded.
C 27. No development shall take place above ground level in each phase until a schedule of materials and finishes and/or samples of all external facing materials for all buildings have been submitted to and approved in writing by the Department. The relevant works shall be carried out in accordance with the approved details.
Reason: In the interests of the character and appearance of the area.
C 28. For the avoidance of doubt the retail units hereby approved allow the use of the units for those use outlined within the Town and Country Planning (Use Classes) Order 2019 (or any replacement/amendment of that order) as Classes 1.1 (Shops), 1.3 (food and drink) and 1.4 (hot food takeaway), whilst the Children's nursery may only be used as Use Class 4.2 (Childcare or Education).
Reason: The application has proposed retail units and a children nursery and has been considered on this basis.
This application has been recommended for approval for the following reason. The application site is identified for development and the proposal is judged to comply with the site allocation and development brief referenced; Residential Proposal 1 in the Area Plan for the East. As such, it is considered the proposal would not have any significant adverse impacts upon public or private amenities and would therefore comply with Strategic Policies 1,2,3,4,5,10,11, Spatial Policy 3, General Policies 2&4, Environment Policies 3- 5,10,14,22,24,41,42; Housing Policies 1-6; Business Policy 10; Recreation Policies 3&4; Community Policies 1,2,5,7,10,11; Transport Policies 1-4,6,7; Infrastructure Policies 1&5 and Energy Policy 5 of the Isle of Man Strategic Plan 2016, relevant policies of the Area Plan for the East 2020 and the Residential Design Guide 2021. It is recommended that the planning application be approved for the reasons contained within this report, subject to the completion of a Section 13 Legal Agreement and the attached of condition listed to any forthcoming decision notice.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings reference numbers received;
09.06.2022 Site Location Plan - Hart 45 -01 C Topo Survey Sheet 1 - Hart 45- 002 A Topo Survey Sheet 2 - Hart 45- 003 A Environmental Statement Volume 1 Main Text May 2022 Environmental Statement Volume 2 Technical Appendices May 2022
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Site Investigation Report May 2022 Site Investigation Summary Report May 2022 Air Quality Assessment May 2022 Public Consultation Report November 2021 Earthworks Method Statement May 2022
07.02.2023 Overall Site Plan - Hart 45-51 rev E Zone 1 - Hart 45-52 rev E Zone 2 - Hart 45-53 rev D Zone 3 - Hart 45-54 rev E Zone 4 - Hart 45-55 rev E Zone 5 - Hart 45-56 rev E Zone 6 - Hart 45-57 rev D Zone 7 - Hart 45-58 Zone 8 - Hart 45-59 POS Plan 1 - Hart 45-60 POS Plan 2 - Hart 45-61 Phasing Plan - Hart 45-62 Affordable Housing - Hart 45-63 Ancillary Site Plan - Hart 45-64 Site Section A-A - Hart 45-66 Site Section B-B - Hart 45- 67 A Site Section C-C - Hart 45- 68 Shadow Cast and Separation Distance Hollin Bank - Hart 45- 69 A Separation Distance with The Falls - Hart 45- 70 Proposed Retail Units - Hart 045 - 151 A Proposed Nursery Unit - Hart 045 - 152 A Masterplan - Hart 45-050 rev E Landscape Masterplan BRA-BCA-ELS-XX-DR-L-1696-16-01-S5-S Environmental Statement Addendum January 2023 Environmental Statement Volume 2 Revised Technical Appendices - Landscape and Visual Impact; Tree Constraints Impact and Protection Plans; Transport Assessment Addendum. Environmental Statement Non-Technical Summary January 2023 Design Statement January 2023 Planning Statement January 2023 Air Quality Technical Note January 2023
14.02.2023 Material Economic Information
16.03.2023 Environmental Statement Volume 2 Revised Technical Appendices - Flood Risk and Drainage
20.03.2023 Supplementary Traffic Modelling Report February 2023
05.04.2023 Habitat Enhancement Technical Note April 2023
02.06.2023 Ecological Review May 2023
12.06.2023 House Type A1 - Hart 045 - 100 rev B House Type A2 - Hart 045 - 101 rev B
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House Type B1 - Hart 045 - 103 rev B House Type B2 - Hart 045 - 104 rev B House Type C - Hart 045 - 105 rev B House Type D - Hart 045 - 106 rev B House Type D - Handed - Hart 045 - 107 rev B House Type E - Hart 045 - 108 rev B House Type F - Hart 045 - 109 rev B House Type F Handed - Hart 045 - 110 rev B House Type G - Hart 045 - 111 rev B House Type H - Hart 045 - 113 rev B House Type H Handed - Hart 045 - 114 rev B House Type J - Hart 045 - 115 rev B House Type J Handed - Hart 045 - 116 rev B House Type R - Hart 045 - 127 rev B House Type R Handed - Hart 045 - 128 rev B House Type S - Hart 045 - 129 rev B House Type S Handed - Hart 045 - 130 rev B House Type N - Hart 045 - 133 rev B House Type N Handed - Hart 045 - 134 rev B House Type U - Hart 045 - 135 rev B House Type U Handed - Hart 045 - 136 rev B House Type V - Hart 045 - 140 rev A House Type W1 - Hart 045 - 141 rev A House Type W1 Handed - Hart 045 - 142 rev A House Type X - Hart 045 - 145 rev A House Type X Handed - Hart 045 - 146 rev A House Type X1 - Hart 045 - 147 rev A House Type X1 Handed - Hart 045 - 148 rev A House Type Z - Hart 045 - 149 rev A House Type Z Handed - Hart 045 - 150 rev A House Type Y - Hart 045 - 153 rev A House Type Y Handed - Hart 045 - 154 rev A House Type W3 - Hart 045 - 155 rev A House Type W3 Handed - Hart 045 - 156 rev A House Type M1 - Hart 045 - 157 rev A Air Source Heat Pump Zone 01 - Hart 45-077 Air Source Heat Pump Zone 02 - Hart 45-078 Air Source Heat Pump Zone 03 - Hart 45-079 Air Source Heat Pump Zone 04 - Hart 45-080 Air Source Heat Pump Zone 05 - Hart 45-081 Air Source Heat Pump Zone 06 - Hart 45-082 Air Source Heat Pump Specification and Detail __
Interested Person Status - Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Department of Infrastructure Highways Services Department of Infrastructure Highways Drainage Department of Infrastructure Flood Risk Management Division Department of Infrastructure Public Estates and Housing Division Department for Enterprise Manx National Heritage
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Manx Utilities Authority
It is recommended that the following should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings:
Douglas Borough Council 11 Hollin Lane, Tromode Woods, Braddan 12 Hollin Lane, Tromode Woods, Braddan 22 Hollin Lane, Tromode Woods, Braddan 36 Hollin Bank, Tromode Woods, Braddan 38 Hollin Bank, Tromode Woods, Braddan 40 Hollin Bank, Tromode Woods, Braddan 44 Hollin Bank, Tromode Woods, Braddan 45 Hollin Bank, Tromode Woods, Braddan 46 Hollin Bank, Tromode Woods, Braddan 1 Braddan Bridge, Braddan 2 Braddan Bridge, Braddan 3 Braddan Bridge, Braddan Alma Legal, 1 Athol Street, Douglas 4 River Walk, Braddan Balley Mooar, The Falls, Tromode, Douglas Port-E-Chee Farmhouse, Port-E-Chee, Tromode, Douglas Ballafletcher Farm, Cronkborne, Braddan 2 Glen View, South Cape, Laxey
as they have explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy.
It is further recommended that the following should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Elmfield Cottage, Patrick Corner, St Johns Palatine Group Practice, Strang Corner Field, Braddan Kerrowdhoon, Dhoon Loop Road, Ramsey 42 Birch Hill Close, Onchan Palm Cottage, The Curraughs, Ballaugh 9 Beechwood Rise, Tromode, Douglas 3 Larch Hill, Douglas 5 Cherry Walk, Douglas Ballaglass, Quarterbridge Road, Douglas Beechbrook, Quarterbridge Road, Douglas Brook House, Quarterbridge Road, Douglas Pitcairn, Quarterbridge Road, Douglas Tregenna, Quarterbridge Road, Douglas 40 Ballaquark, Douglas 15 Ballagarey Road, Glen Vine 20 Lakeside Road, Douglas Sunny Cottage, Main Road, Union Mills 2 Glen View, South Cape, Laxey 124 Slieau Dhoo, Tromode Park, Douglas 9 Beechwood Rise, Tromode, Douglas 61 Brunswick Road, Douglas 6 Campion Way, Abbeyfields, Douglas
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11 Thorny Road, Douglas 34 Ashlar Drive, Union Mills 68 Cronk Grianagh, Strang
as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE APPROVAL IS SUBJECT TO A LEGAL AGREEMENT IN RESPECT OF THE AFFORDABLE HOUSING AND DUE TO THE OBJECTIONS TO THE APPLICATION INCLUDING THAT FROM THE LOCAL AUTHORITY
0.0 PREAMBLE 0.1 This application was considered by the Committee on 19th June 2023 and deferred for a site visit.
0.2 The Site visit was carried out on Monday 26th June 2023.
0.3 During the site visit, the location of the site's principal access to Braddan Road was viewed by Members. The neighbours immediately opposite the site access raised concerns during the site visit over the impact of the new access on their amenity, particularly given the requiring widening of Braddan Road and introduction of the ghost island.
0.4 Members were subsequently directed to view the location of a potential future link road connecting the site to Ballafletcher Road from within the site. Members queried as to the width of the proposed spine road within the site and whether it would be sufficient, particularly in the context of through access by emergency vehicles. Members were instructed by the applicant that the width of the spine road would be equivalent to the access road leading to the adjacent test centre, which was noted as being sufficient.
0.5 Subsequently, the location of the site's proposed emergency access to the Tromode Woods estate was viewed and the link to the existing footpath. Confirmation was provided to Members that the majority of the existing hedgerow bounding this portion of the site would be retained aside from a small section to accommodate the emergency access point.
0.6 Members were then directed to view the site from Ballafletcher Road and the location of a potential future link road connecting to the site. The site meeting was subsequently concluded at this point.
0.7 Following on from the site visit, a subsequent technical note was produced by the applicant's highways consultants to consider the impact of the proposals upon visibility splays for the proposed altered access serving Nos. 1-3 Braddan Bridge onto Braddan Road. The note was produced with accompanying technical drawings in response to concerns raised by residents at the meeting, and considered that the proposed works would ensure that a sae and suitable access for the 3 properties would remain. Likewise, the technical note further concluded and reaffirmed that the proposals would not result in an unacceptable effect on highway safety or traffic delay to existing residents.
0.8 The contents of the technical note and accompanying drawings have been reviewed by Highway Services, who concur with the findings and conclusion contained therein.
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0.9 Subsequent to the previous committee meeting, a further 3 letters of representation have been received from local residents who have previously commented on the scheme, with a summary of their comments and concerns being as follows:
Impact on properties within Hollin Bank with respect to overlooking that have not been addressed.
0.10 In addition to the above, the following information was provided as an update to the planning committee at the 19th June 2023 meeting, which is now included within the preamble to the main report as follows:
The following property was missed when assigning IPS:
Elmfield Cottage, Patrick Corner, St Johns Following review, this property has not been afforded IPS
Conditions updates:
Condition 1 'All' should be omitted from the wording of the condition, as follows:
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.
Condition 10 The wording for Condition 10 as listed on the report is out of date, and it is recommended that wording be amended to read as follows:
Prior to the first occupation of any dwellings hereby approved a signal controlled crossing on Peel Road shall be completed in accordance with details which have first been submitted and approved in writing by the Department broadly in accordance with drawings ITB15759-GA-40 Rev A and no later than the occupation of the 100th dwelling hereby approved the pedestrian/cycle route to Peel Road via Douglas Rugby Club shall be completed in accordance with details which have first been submitted and approved in writing by the Department broadly in accordance with drawing and ITB15759-GA-41 Rev A.
Additional condition further required as follows:
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.
Reason: In order to prevent flooding on the highway.
Late representations A total of 3 late representations have been received. A summary of their comments are as follows:
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Previous issues raised have not been given the due regard they warrant given the scale of the development; i.e. highways and access, landscape character, agricultural sustainability, loss of visual amenity, site works, environmental impact, flood risk and drainage.
Douglas Borough Council Environmental services committee note additional information provided which has resolved issues raised by Manx Utilities and Highways Services. The Council is therefore in the process of considering the withdrawal of its previous objections. The committee is due to meet on the 19th June and therefore cannot provide full confirmation of this withdrawal, but will seek to provided such confirmation prior to committee making a final decision if they are able to do so.
0.11 Subsequent to the committee meeting of the 19th June 2023, Douglas Borough Council resolved to formally withdrawn their previous objection against the proposed development.
1.0 THE SITE 1.1 The application site comprises approximately 31 hectares of land to the east of Braddan Road (A23), and is predominantly located within the Parish of Braddan approximately 2.0km north-west of Douglas town centre. Braddan Road forms the sites south western boundary and is classed as a primary distributor road which connects Douglas with Braddan, Strang, Union Mills, St Johns and Crosby.
1.2 The site comprises an irregular-shaped parcel of land predominantly formed by agricultural fields of semi-improved grassland. The fields are demarcated internally by hedgerows and stone walls and the boundaries with hedgerows, trees and stone walls. A significant registered tree belt also lies within the site along the southern and western boundary. The southern portion of the site comprises a dome shaped area with a high point of 50.9m AOD and contains significant changes in level adjoining the Peel Road and Braddan Road in the west and Douglas Rugby Club in the south. A shallow valley which sits at approximately 41.5m AOD links this southern part of the site to the smaller northern part of the site which itself then rises in a northerly direction towards the Ballafletcher Road with a high point of 56.2 AOD.
1.3 The site is bounded by Kirk Braddan Cemetery to the north-west with Braddan Primary School beyond. Within and adjacent to the Cemetery is the registered building of Braddan Lodge, the Cemetery Office of Braddan Church. Braddan Road bounds the site to the south- west. Woodland, additional open space and Douglas Rugby Club lie to the south east, and existing housing at Tromode Woods to the north east. To the north, beyond the cemetery and school, is a field used for grazing that is also zoned for primarily residential use in the Area Plan for the East (Ref BH030g) but does not form part of the application site. Ballafletcher Road lies beyond this field.
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1.4 There is an existing vehicular gated access for agricultural use located on the Braddan Road along the south west site frontage, approximately 200m to the north of the junction with the Peel Road (A1). There is a further agricultural access from the south via Douglas Rugby Club.
1.5 In addition to the main development area, the application site also includes within the red line boundary a route for a pedestrian/cycle link to the Peel Road/Quarterbridge via land under the same ownership. The application site also includes areas of land south of the main site potentially required for drainage infrastructure.
2.0 THE PROPOSAL 2.1 Planning permission is sought for a comprehensive redevelopment of the site, comprising a total of 320 no. dwellings, a nursery, neighbourhood centre and a primary school with associated highways and drainage infrastructure, complemented by a comprehensive landscaping scheme. The application is submitted on a hybrid basis, combining elements for detailed approved (i.e. full planning permission) and for 'in principle' approval. The detailed approval elements of the scheme are as outlined as follows:
2.2 Development for a total of 320 no. dwellings, including 25% affordable housing (80 no.), with the following mix of housing outlined below:
House Type Number 2-bed Bungalow 10 3-bed Bungalow 19 4-bed Bungalow 4 3-bed 34 4-bed 108 5-bed 63 6-bed 2 2-bed Affordable 51 3-bed Affordable 29 Total 320
2.3 The detailed proposals further include the development of a neighbourhood centre and nursery comprising a total of circa. 370sqm, which is currently proposed to be delivered as part of the third phase of the development. This would include 3 no. retail units comprising a combined floorspace of circa. 228sqm, a children's day nursery with an offering of 32 places, comprising circa. 142sqm, together with a recycling facility.
2.4 Vehicular access to the development is proposed via a new ghost-island junction onto Braddan Road located approximately 50m to the south of the existing gated site access. It is proposed as part of this junction arrangement that the existing access serving three existing dwellings on the western side of the carriageway will be slightly modified and an additional right-turn facility will also be provided.
2.5 The new main site access road will be 6.75m wide with 3.0m wide shared-use footway/cycleways on both sides of the carriageway. The footway will connect with the existing footway provision on Braddan Road to the north of the access. There will also be a dropped kerb crossing with pedestrian refuge to allow pedestrians to cross onto the existing footway on the western side of Braddan Road. The proposed footway/cycleway will also continue southwards along the site frontage for approximately 35m and will tie into a further uncontrolled crossing and pedestrian refuge. The existing retaining wall will be rebuilt and located behind the proposed shared footway/cycleway on Braddan Road.
2.6 The development will include the construction of a new primary internal estate road which will provide access to the residential areas and the land reserved for a primary school. The accompanying planning statement notes that the primary estate road will fully accord with the
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design guidelines Manual for Manx Roads and be designed to enable future bus access through the site at some point in the future. It will provide a minimum carriageway width of 6.75 m with some localised widening on the bends and a maximum gradient of 8%. The primary access road will be constructed up to the northern site boundary with the adjacent field south of Ballafletcher Road (Area Plan ref BH030g). The submitted masterplan shows that an access road to be continued through this site to form a potential vehicular access onto Ballafletcher Road at some point in the future.
2.7 A separate 3.0m emergency only access is also proposed in the north east corner of the site through to Hollin Bank which will also provide for pedestrian/cycling access from the site to the Tromode Woods residential area and employment areas beyond. Given that Hollin Bank is a shared surface carriageway, an additional pedestrian only walkway will also be formed off this link to Brecken Bank to link into the existing footway.
2.8 In addition to the above, two larger residential units located in the eastern corner of the site will be served by an existing private road off The Falls. No other vehicular or pedestrian access is proposed through this area.
2.9 Furthermore, an additional pedestrian/cycle connection will be provided to the south. This will utilise the route of the existing agricultural access through the woodland area to the south and then run alongside the rugby club playing fields before turning south-west to join the Peel Road where it will tie into the existing pedestrian network north of Castletown Road/ Quarterbridge. It will take the form of a dedicated 3.5m wide combined footpath/cycleway.
2.10 The 'in principle' element of the proposals relates to the development of a two-form entry primary school together with the associated access and playing fields. The school plot amounts to circa. 2 hectares and is located on the flattest part of the site to the west of Hollin Bank. The school would extend to approximately 3,375 sqm and up to a height of two storeys. The submitted Masterplan at Figure 3.2 includes an indicative layout for the school which, as considered in the accompanying planning statement, demonstrates the plot is of sufficient size to comply with Department for Education, Sport and Culture school design standards including outdoor playing areas, parking, parents drop off and bus stop facility. The proposed school is shown indicatively on the Overall Site Plan and will be brought forward by the Department of Education, Sport and Culture in the future through a reserved matters application.
3.0 PLANNING HISTORY 3.1 None.
4.0 PLANNING POLICY 4.1 Area Plan for the East (2020) 4.1.1 The proposed development area of the application site is effectively contiguous with Site DBH002g which, together with the small adjoining site adjacent to Ballafletcher Road (BH030g), have been allocated for predominantly residential use through Residential Proposal 1 in the Area Plan for the East (APE).
4.1.2 Additional policies from the Area Plan for the East of material relevance to the proposed development are as follows:
Landscape Proposal 1 Requires applications to demonstrate that consideration has been given to the broad landscape strategies and key views described throughout Section 4.7 of the Plan.
Natural Environment Proposal 1 States that the protection, creation and improvement of green infrastructure will be supported, particularly in those locations which have the potential to be part of a Green
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Infrastructure Network. Development proposals must identify how they contribute to the long term provision of a network of connected green spaces.
Urban Environment Proposal 3 Requires development proposals to make a positive contribution to local character and distinctiveness.
Transport Proposal 1 Requires development proposals to take into account the Active Travel Strategy and any specific actions set out in the Active Travel Action Plan. 2 Seeks to help deliver integrated transport networks A series of requirements are listed to coordinate the development of all transport modes to provide a comprehensive transport system centred on Douglas and the East. 3 States that the existing route of the TT Access Road and ability for future improvements to aid traffic flow and highway operation shall be protected for its own sake. No development proposals will be approved which would hinder the ability to achieve two-way traffic flow. This policy outlines the timescales for significant improvements to the TT Access Road.
Utilities Proposal 1 Requires all development to be connected to the appropriate service and utility, which must be capable of receiving a new connection and sustaining it. 2 Seeks manage the sequence of development in growth areas so ensure services are available from early in the life of new communities. 3 Sets out the approach to the provision of electricity, telecommunications and gas supply for new developments. 4 Seeks to ensure that water, gas, electricity and telecommunications are provided in shared trenching and routes to minimise construction costs and land allocation for underground services. 5 Sets out the requirements for development proposals with regard to the provision of water supply, sewerage and drainage services and how impacts on flood risk and drainage should be considered in the design of development proposals. 6 Sets out approaches to reducing the impact of flooding, stormwater and overland flow on catchments and neighbouring properties.
Telecommunications Proposal 1 Requires the provision of fibre optic cables for new development.
Open Space and Community Proposal 1 Requires areas for residential growth identified in the Plan to take account of the needs for neighbourhood centres. 2 States that land needed for additional education centres will be safeguarded from any other development. 3 Requires any land identified as suitable for new community/education facilities to take into account its relationship with the TT Course, in order to ensure suitable access arrangements.
Residential Proposal 2 Requires applications to consider a number of criteria relating to the scale of development; existing green, grey and social infrastructure; biodiversity; phasing, road layout and traffic generation; public open space; access to public transport; need for a Transport Assessment; drainage; landscaping; need for infrastructure service corridors; and archaeological evaluation and mitigation.
Housing Policy
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1 Notes that the housing needs of the Island will be met by making provision for sufficient development opportunities to enable 5,100 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2011 to 2026. 3 The above referenced housing need will include the provision of 2,440 dwellings within the East area.
4.3 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;
Strategic Policy 1 Efficient use of land and resources 2 Development focussed in existing towns and villages 3 Development to safeguard character of existing towns and villages and to avoid coalescence 4 Development to protect or enhance setting of Registered Buildings, landscape quality and biodiversity, and not result in unacceptable environmental pollution 5 Design and visual impact 10 Sustainable transport 11 Housing needs
Spatial Policy 3 Development within the Douglas urban area
General Policy 2 General Development Considerations 4 Section 13 Legal Agreements
Environment Policy 3 Development to safeguard woodland of high amenity value 4 Protection of species and habitats 5 Mitigation against damage to or loss of habitats 10 Development and flood risk 14 Loss of important agricultural land (Classes 1/2) only permitted in case of overriding national need 22 Protection of environment and/or residential amenity from pollution 24 Environment Impact Assessments 41 Requirement of archaeological assessment
42 Designed to respect the character and identity of the locality
Housing Policy 1 Housing needs 2 Adequate supply of housing through Area Plans 3 Provision of 2,440 homes in East area during 2011-2026 plan period 4 New Housing to defined existing towns 5 25% Affordable homes requirement 6 Residential development to be undertaken in accordance with development brief
Business Policy 10 Retail development in town and village centres
Recreational Policy 3 Requirement for landscaped amenity areas 4 Requirement for public open space
Transport Policy 1 Proximity to existing public transportation services
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2 Layouts to link to existing systems 4 Highway Safety 5 Improvements to highway network 6 Equal weight for vehicles and pedestrians 7 Parking Provisions 8 Requirement of Transport Assessment for major development
Infrastructure Policy 1 Development to take place in areas which will be connected to the IRIS drainage system 5 Water conservation and management
Energy Policy 5 Residential development of 5 or more dwellings to be accompanied by an Energy Impact Assessment
Community Policy 1 Community provisions and neighbourhood centres 2 Accessibility of community facilities for local population 5 Development of new schools 7 Designing out criminal and anti-social behaviour 10 Proper access for firefighting appliances 11 Prevention for the outbreak and spread of fire
5.0 ADDITIONAL MATERIAL CONSIDERATIONS
5.1 Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
5.2 Our Island Plan (2022) Essentially sets out the overall ambition and vision for the Island from 2021 - 2026 with core strategic objectives to offer a 'secure', 'vibrant' and 'sustainable' Island. One broad aspect that is noted as a fundamental issue is; "Tackle the housing crisis by ensuring everyone has a suitable and affordable place to call home and our housing stock meets the needs of our population now and into the future". (page 3)
5.3 Climate Change Act 2021 completed its passage through Tynwald in April 2021 and subsequently received Royal Assent in December 2021. The Act requires a statutory five-year Climate Change Plan to be in operation at all times, ensuring a clear direction for the Island to achieve net zero carbon emissions by 2050.
5.4 The Climate Change Action Plan 2022-2027 was subsequently produced and published in July 2022 and outlines the actions Government must take to cut emissions over the next five years, so the Island remains on track to be net zero by 2050. The plan assigns a percentage emission reduction target to six policy areas, including energy, transport and agriculture that must be met. Some of the major actions include: o The provision of carbon neutral electricity supply by 2030 o Bringing forward building regulations to ensure 97% energy efficiency in new buildings o Seeking to bring forward a ban on fossil fuel heating systems in new builds to 2024 o The installation of 20MW of local renewables by 2026 o Future introduction of further support for homeowners and tenants to aid the transition o The setting of a new interim emissions target of 35% by 2030.
5.5 Isle of Man Economic Strategy 2022
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Approved by Tynwald in November 2022, the Economic Strategy outlines a 10-15 year strategy which seeks to, "...build a strong and diverse economy, which is sustainable, ambitious and built on firm foundations to provide economic success, rewarding career opportunities and prosperity which positively impacts all residents on the Isle of Man".
To achieve this vision, the strategy aims to make the Island a more attractive and prosperous place to live and work which it states will sustain and grow productive businesses and services. The plan outlines a £1bn long term public and private investment programme to secure 5,000 new jobs and a £10bn economy with infrastructure that can support 100,000 Island residents over the next fifteen years to 2037.
In terms of infrastructure and services, the plan seeks to actively invest in key services and infrastructure that attract and retain economically active people supported by a range of targeted incentives and disincentives to sustain targeted growth. The strategy also suggests example initiatives which, amongst other things includes the provision of suitable and affordable housing; housing especially for 20-40-year-olds; further support for the Island's education and skills offering; and affordable accessible childcare. The Plan recognises the importance of prioritising housing delivery in order to provide the housing stock to support the growth of the Island's population, employment and economic growth. The Plan states that without this, the economic potential of the Island will be held back and other policy measures will be less effective.
The strategy also seeks to substantially decarbonise the service part of the economy by 2030, supporting an overall reduction of 35% in the Islands Greenhouse Gas emissions.
5.6 Built Environment Reform Programme (2022) BERP is a two year programme of work set out to develop commitments in the Island Plan to build great communities. The document also promotes brown field sites for regeneration and ways to stimulate development in the widest terms. (Strategic Objective 4)
5.7 Landscape Character Assessment (2008) This study provides a baseline analysis of the landscape character of the Island, to be used as an evidence base in the formation of Area Plans and to inform the determination of planning applications where appropriate.
5.8 Agricultural Soils of the Isle of Man (2001)
This document provides an analysis of soil classification throughout the Island.
6.0 REPRESENTATIONS 6.1 Consultation Responses
6.1.1 Braddan Parish Commissioners (via Pegasus Planning) - The following provides a summary of issues raised by Pegasus Planning on behalf of Braddan Parish Commissioners, based upon the initial iteration of the scheme and submitted on 11.10.22, with further comments provided on 02.05.23 following amendments to the original scheme
Principle
The site is a greenfield site outside the existing built-up area of Douglas, and therefore more sustainable brownfield site within the Douglas urban area should be pursued in the first instance. Reference is made to the Unoccupied Urban Sites Register, which lists 33 unoccupied urban sites (16 - predominantly residential, 17 - mixed use sites), with potential to deliver 484 dwellings;
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The submitted masterplan does not show any relationship between the two development sites forming part of the allocation (land uses, character areas, drainage or green infrastructure) with no evidence provided on engagement between landowners. Masterplan is therefore not comprehensive.
Density and Housing Mix
Therefore, the Commissioners request that further considerations be made regarding the over-concentration of the affordable dwellings in the centre of the site.
Design
It is acknowledged that there has been a slight increase in the number of smaller properties, with the number of bungalows increasing from 13 to 33.
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In respect of the adoption of the proposed public open space, the Braddan Commissioners welcome that the Applicant would be willing to seek alternative maintenance strategies, such as a private management company.
Loss of agricultural land
The Cabinet Office should independently review and consider these assessments to ensure compliance with Environment Policy 14, whereby the development would not result in the permanent loss of important and versatile agricultural land (Classes 1-2).
Landscape
Highways
Further swept path analysis is required to demonstrate the suitability of the internal layout particularly in relation to the local centre and school.
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Following amendments to the original scheme, previous concerns raised with respect to highways impacts largely remain, albeit with acknowledgement that some issues have been either resolved, accepted by highways or have been reduced in some areas. The objection to the scheme from a highways impact standard is however maintained.
A number of issues also arise from review of the Framework Travel Plan, namely:
Clear identification of ambitious mode shift targets and the minimum travel plan period.
Air Quality
It is fully anticipated that the associated increase in car usage generated by the proposals will adversely affect the local environment through the effects of pollution.
6.1.2 Douglas Borough Council - Following consideration of the above planning application at a meeting of the Council's Environmental Services Committee held on the 22/09/22 I can advise that the Committee has resolved to object to the application.
Although the Council welcomes the principle of any development that contributes towards addressing the Island's shortage of affordable homes, especially a development that also gives consideration to energy reduction and the use of renewable energy as part of the development, these benefits need to be balanced against other potential issues that have been identified.
There is still a lack of information regarding the effects the development will have on traffic safety and traffic congestion and until such time that this information has been provided and meets the satisfaction of the Department of Infrastructure's Highways Services Division the Council has to object to the proposals due to a lack of information.
The Council would also question how the development will encourage active travel if the proposed cycle lanes do not extend and link up with the existing cycle route network.
Although the application provides some detail on the proposed cycle lanes there would appear to be a lack of clarity on how active travel particularly cycling will be accommodated safely within the areas close to the proposed neighbourhood centre and the school especially if young children are to be encouraged to cycle to school as a way to reduce car journeys.
The Committee also believed that there was a lack of detailed information relating to off-site active travel routes in directions other than to Douglas town centre, particularly towards Tromode, Noble's Hospital and Braddan.
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The Council's Environmental Services Committee also raised questions on whether any changes or improvements would be necessary to the existing cycle route network outside of the development and, if changes are required, what assurances could be given to ensure that these improvements are carried out as part of the development. It would appear that the development could rely on future road works which are not guaranteed such as the improvements to the road network around Ballakermeen School.
The Council appreciates that at this moment in time the Planning Authority does not have the legal powers to impose a "development levy" on the applicant as a way of contributing towards the costs of any improvements to infrastructure outside of the development site, however we would kindly suggest that consideration should be given to the use of Section 13 Agreements as a mechanism to ensure that finances are made available to ensure that any other necessary work outside of the development is undertaken to coincide with the development should it be approved at some point in the future.
There are serious concerns that if the development is approved, and we become reliant on the Department of Infrastructure to undertake works to improve the existing roads and extend the existing cycle routes, we may find ourselves in a situation where the cycle routes within the proposed housing development become not fit for purpose because they do not link up with the existing cycle routes. It must also be borne in mind that cycling is prohibited on the TT Access Road at certain times of the year and the Council believes that it is during the TT and Festival of Motorcycling that cycling should be actively encouraged to reduce vehicle journeys and further congestion in the area.
In conclusion the Council is objecting to this application on the lack of information provided to enable an informed decision to be made on the affects the development would have on road safety and traffic flow - IOM Strategic Plan 2016 General Policy 2 (j). (28.09.22)
In a subsequent representation received 28.02.23, DBC noted following the submission of amended plans that they would provide further comments on the application in due course. To date, no further comments have been forthcoming.
6.1.3 Highways Services - No objection, subject to conditions. Summary of key points made are as follows:
A comprehensive assessment of the proposal indicates that it accords with highway requirements set out in the MfMS. The access junctions, internal streets are to be suitably laid out to accommodate vehicles, including fire and rescue, waste and delivery vehicles as well as parked cars. The main route through to the school is designed to safely accommodate buses.
Traffic from the proposed development can be accommodated on to the network. There is to be an increase in traffic flow, but most drivers are not expected to experience a significant variance from the existing situation. Measures are included within the layout to promote active travel, such as cycle and walking links. There is to be travel planning to advise of travel choices and encourage use of alternative forms of travel to help reduce single occupancy car based travel.
Land ownership and other constraints prevent direct connections to some areas such as towards Tromode Road and a link coming forward to Ballafletcher Road. On site gradients would require careful review to ensure suitability for pedestrians and cyclists as well as vehicle drivers. Arguably, the lack of full connectivity is a shortcoming. Since this is outside of the control of the Applicants/ Developers, on balance, it gives insufficient cause of concern to warrant a refusal on accessibility grounds.
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The proposal satisfies in highway terms road safety, network functionality and practicalities for the most part to raise no opposition with planning conditions and on and off-site mitigations in place.
Separate permissions will be necessary with the DOI Highway Services after grant of planning consent to transfer streets from private to public ownership as highway maintainable at public expense under a s4 Highway Agreement and for works in the highway under a s109(A) Highway Agreement. Structural approval will be necessary for retaining features. Highway Licences apply for temporary closures and traffic management etc. (09.03.23)
Following the submission of additional information, no objections are maintained to the scheme, subject to conditions.
Highway Development Control notes an additional document on traffic modelling which follows DOI commentary on the initial traffic modelling exercise. HDC was unable to address it in its response dated 9 March 2023 since it was not in the public domain. Additionally, there has been subsequent liaison with the Applicant's consultants and the Planning case officer on the content on of the HDC response dated 9 March 2023 and the comments below clarifies matters on gradient and the Ballafletcher Road link. Reference has been made to HDC for the need for trigger points for the offsite works and this would require separate correspondence to consider and secure.
For the modelling, additional analysis was undertaken to better reflect the current highway network and the revised development proposal. This included:
A more detailed assessment of the performance of the proposed ghost-island junction onto Braddan Road providing vehicular access to the site.
It is accepted that the trips associated with the proposed retail units would not further increase the level of traffic generated overall given the reduction in the number of dwellings. The retail unit trips represent a low level of increase. These are unlikely to be perceptible within the day to day traffic movements associated with the proposal and to have an immaterial impact on the operation of the highway network.
The changes to the highway network result in minor enhancements to the performance of the network by slightly reducing travel time and increasing average vehicle speed when compared to the original assessment. The inclusion of 'Keep Clear' road markings on Braddan Road on the southbound carriageway in the vicinity proposed site access much reduces the delay for vehicles exiting the site.
There would continue to be negligible increases to:
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The forecast queuing and delay at the Quarterbridge Road Roundabout to not materially harm the safe operation of the junction; although it is recognised that there are a few times each day when flows through this junction give rise to throughput issues. Typically, these are short-lived.
It is agreed that the supplementary modelling further identifies that the proposal would not cause detrimental harm to the adjoining highway network. Additionally, that the creation of a single main vehicle access point is adequate in vehicle capacity terms to serve the proposed quantum of development.
To clarify, as drawn and submitted, the gradients are in accordance with the current edition of Manual for Manx Road and requested planning condition c) in the HDC response dated 9 March 2023 can be omitted. Notwithstanding, shallower gradients are preferred always for pedestrians, cyclists and driveways and this should be considered at detailed design stage.
It is acknowledged that the Applicants / Developers and Department for Education, Sport and Culture would not be able to deliver the link since the land is outside the red line and not in their control. Accordingly, requested planning condition j) in the HDC response dated 9 March 2023 should be omitted. HDC remains of the view that this link is essential for accessibility and connectivity of the school not traffic capacity which has been demonstrated as operationally possible through a single access from Braddan Road. Notwithstanding, the link as well as the school area should have been depicted differently on the submitted masterplan rather than annotated as "potential" in solid lines to better signal the intent by using an arrow, dashed lines or alternative colouring. Further details of the school site access, parking, turning, servicing and operation would be necessary to confirm safe and practical usage. An additional condition is requested to apply.
From the additional modelling analysis, and clarification, the proposal remains satisfactory in highway terms to raise no opposition with planning conditions requested and on and off-site mitigations. The proposed off-site highway and transport works would require further liaison on the nature of the trigger points.
Amended conditions are requested to omit items c) gradients and j) Ballafetcher Road link included within the HDC response dated 9 March 2023 with another condition added to cater for the submission of further details for approval prior to commencements for specific access, parking, turning servicing and other operational characteristics of the proposed school. Separate permissions will be necessary with the DOI Highway Services after grant of planning consent to transfer streets from private to public ownership as highway maintainable at public expense under a s4 Highway Agreement and for works in the highway under a s109(A) Highway Agreement. Structural approval will be necessary for retaining features. Highway Licences apply for temporary closures and traffic management etc. (30.03.23)
6.1.4 DEFA Biodiversity - The Ecosystem Policy Team can confirm that a suitable level of ecological assessment has been undertaken in the Manx Wildlife Trust's (MWTs) Preliminary Ecological Appraisal Report (PEAR) dated November 2020, Addendum to PEAR for Braddan Road dated May 2022, Protected Species Report -Bats dated November 2020, Breeding Birds Survey Report dated October 2020, as summarised in Chapter 6 of the Environmental Statement, and the MWTs Habitat enhancement technical note dated April 2023.
The only survey report that we believe has not been provided yet is the mycological survey of the cycle path and attenuation tanks area, recommended in the MWTs PEA. A condition for this
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to be provided is therefore requested. Also pertinent to this consideration is also the CIEEM (Chartered Institute of Ecology and Environmental Management) Advice Note on the Lifespan of Ecological Reports and Surveys which states that for reports between 18 months and 3 years old a professional ecologist will need to undertake a site visit and may also need to update desk study information and then review the validity of the report, based on a variety of factors, and furthermore that reports more than 3 years old are unlikely to still be valid and are likely to need to be updated (subject to an assessment by a professional ecologist).
The MWTs PEAR, Breeding Bird Survey and Bat Surveys are now more than 2 years old and could be nearer 3 years old by the time that this application is determined and therefore the validity needed to be reviewed. Hartford Homes have been in touch with the MWT who have stated the following 'as the land has continued to be managed for grazing and intensive agriculture, the character has not changed and therefore the significance of ecological features already identified won't have altered enough to warrant fresh surveys.' - we believe this statement has been submitted to Planning but we cannot find it on the Planning portal.
On this basis the Ecosystem Policy Team are content to accept the continued validity of the survey reports. The various ecological assessments determined that, in the main, impacts from the proposed development will mostly be confined to the loss of heavily modified semi improved grassland and arable land, of limited, but still present, ecological value, but the development will also require the removal of a small area of mixed plantation woodland, marshy grassland, scrub, hedge and stone wall, all of which will be providing habitat for a variety of wildlife including bats, birds, invertebrates, frogs and lizards, and therefore ecological mitigation is required. We are glad to see that retirement care home has been removed from the application, as this was proposed for an area identified as being of particular importance for breeding birds and bats by the MWT.
In order for the development to result in no net loss for biodiversity, and ideally net gain, the Ecosystem Policy Team request that conditions are secured on approval. (13.04.23)
The Ecosystem Policy Team can confirm that the Manx Wildlife Trust's (MWT) Ecological Review for the Braddan Fields dated May 2023 is all in order and that a suitable level of assessment has been undertaken. We accept the MWT's conclusions that no significant changes have occurred to the habitats on site since their original Preliminary Ecological Appraisal Report (PEAR) and therefore a new PEAR, bat survey and bird survey for the site are not required. As is also stated in their report, should the application not be determined within 12 months from the date of their report, a further review should be undertaken. (02.06.23)
6.1.5 DEFA Forestry - The proposed development does involve a large amount of tree removal, including some category B groups but has been designed to retain a large proportion of the trees. The proposal does involve the removal of parts of some category B groups, however it is thought that this operation wouldn't have an impact to the groups over all category rating in accordance to BS5837. The applicant has demonstrated how they propose to protect the remaining trees and this method statement and plan should be conditioned and followed in full. The tree planting shown in the landscape plan will eventually produce a net gain in canopy cover in the area, we strongly recommend this plan to be conditioned to ensure appropriate mitigation is achieved. The Directorate does not object to this proposal. (31.05.23) 6.1.6 Manx National Heritage - The environmental statement has highlighted a small number of habitats which are no longer well represented on Mann and are therefore of high regional conservation value. These are marshy grassland along in the northern sector and a seasonal wet area with pond in the southern section of the site.
Seasonally wet ponds are a highly threatened habitat both locally and nationally. They have often formed over many hundreds of years, having once been much deeper, permanent pools. Temporary ponds are valuable for the range of specialized plants and animals that they
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support. They are particularly rich in amphibian and invertebrate life as their predators, fish, are not able to survive in the drying watercourse.
The seasonal pond has also been identified, through the applicant's environmental statement as a foraging area for common frogs, pipistrelle and Leislers bats, all of which are protected under the IOM Wildlife Act, Schedule 5. Whilst we support the applicant's intention to enhance the temporary pond for wildlife we must reiterate that any works to this area should not alter the natural drainage and the temporary characteristic of the pond. Loss of habitat in this area would be in conflict with the IOM Strategic Plan, 2016, Environmental Policy 4. Which states that development will not be permitted which would adversely affect species and habitat of national or local importance.
The steep escarpment along the southern boundary of the site is covered by mature, broad leaved woodland and identified in the applicants environmental Statement as being valuable for a number of invertebrate, particularly along the fringes where woodland trees give way to scrub and open grassland. In addition to the rich assemblage of invertebrates are a number of nesting, roosting and feeding bats and birds. Birds, associated with this woodland, include song thrushes and tree sparrows which are protected under Schedule 1. of the IOM Wildlife Act. In addition other species recorded on site, such as linnets, are highlighted as birds of the greatest conservation concern under both the IOM and UK Birds of Conservation Concern.
The woodland is also described as being structurally diverse with a noticeable understory, shrub and ground layer; on which plants such as wood anemone, a plant indicative of mature, established woodlands are found. The loss of mature woodland along the southern escarpment will potentially reduce the available habitat for the species referred as well as the woodlands effectiveness within the wider River Dhoo woodland corridor. This would not be in accordance with the guidance within the IOM Strategic Plan, environmental Policy 3 seeks to ensure that development does not result in the unacceptable loss or damage to woodland which may have a conservation value.
We support the applications desire to retain as much dry stone walling and Manx sod hedge as possible and would encourage new hedging to be planted up using native trees and shrubs.
We would also like to draw attention to a need to protect the River Glass and Port-e-Chee river corridor as it provides a migratory route for Salmonids and European eels (which are an IUCN globally, critically endangered species). We suggest that a working method statement be drawn up which details how the watercourse will be protected from both pollution and silt run- off at every stage of the construction process and that this method statement be approved by the relevant authorities, which would be DEFA, prior to works commencing.
We do not feel that this development will result in 'no net biodiversity loss' as the mitigation proposals will take time to mature, construction will likely result in the prolonged disturbance of species, some of which may either relocate or simply become locally extinct. We do, however, support the mitigation measures put forward and would like to see continued, open dialogue between the developers and ecologists in order to maximize on every opportunity to improve the availability of suitable habitat for wildlife throughout the construction process and within the finalized development. (27.07.22)
I write to confirm that Manx National Heritage has viewed the application and supporting documentation relating to cultural heritage. I would also like to record that Manx National Heritage has had extensive contact with the applicant's heritage consultants RPS in the course of pre-application assessment, survey and field evaluation, and has considered Chapter 10: Heritage of the Environmental Statement, together with the relevant Appendices. I visited the test excavations several times and am fully familiar with the remains described and illustrated in the Archaeological Evaluation Report produced by OAN.
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We note by the content of paragraph 10.60 of the Environmental Statement that the applicant undertakes to carry out full archaeological mitigation involving archaeological excavation of the Bronze Age and Early Medieval remains that have been identified by the geophysical survey and trial trenching, and subsequently by analysis and publication to an appropriate standard. We also note that it is proposed that the excavation will entail the opening of areas targeting the areas of the Bronze Age settlement and industrial remains and Early Historic remains, and that the exact extent of these areas will be agreed with Manx National Heritage and will be secured by a suitably worded condition attached to any planning permission.
Provided that a suitable condition can be agreed, Manx National Heritage has no objection to the planning application on cultural heritage grounds. We also note that the quality of fieldwork, analysis and publication will be further guaranteed by the requirement for the applicant to gain a licence to excavate under the terms of the Manx Museum and National Trust Act. (17.03.23)
6.1.7 Highways Drainage - Following initial concerns raised, the applicant provided the following information in response to queries from Highways Drainage:
Demonstrate how surface water runoff from estate roads & private driveways will be drained into SW sewers.
All road gullies will be in accordance with the requirements of section 11.3 of "Manual for Manx Roads". We attached plans that demonstrate the spacing of the road gullies, noting the gully locations, impermeable areas draining to those gullies and road gradients in compliance with Table 11.2 of MfMR. Please note that this layout is for the purposes of planning approval and will be fully reviewed as part on any detailed design as part of any future S4 agreements. The attached plans also indicate the location of driveway drainage channels that would prevent any surface water run off on to the estate roads. These channels would be part of the private drainage system serving each dwelling. Demonstrate that the existing highway drainage system in Braddan Road has sufficient capacity to accept the unattenuated surface water runoff. As part of the revised plans we have revisited the SW water drainage in this area. We now propose to upgrade the Highway Drain in Braddan Road, from the outlet into the River Dhoo to our site entrance, to a standard acceptable for adoption by the MUA. The MUA are in agreement to this proposal, subject to survey of the existing highway drain and conformation of works required to bring this up to an adoptable standard. This proposal now removes the need for any pipework to be considered for adoption as a highway drain. I understand that BB have spoken to you regarding this matter and you agree in principle with the proposal.
A survey of this Highway drain has been commissioned and is currently being undertaken and we will provide further commentary on this in due course. We also confirm that we are consulting with Manx Utilities and their modellers in the design of the surface water drainage systems for this development to ensure the design satisfies the requirements of DMRB CG 501.
Surface water Sewer Adoption.
It is Hartford's intention to enter into a Section 8 agreement with the MUA for the adoption of the both the Foul and Surface water drainage systems serving the development. Therefore we will not be looking to provide a highways only drainage system on this development. Once MUA has reviewed and responded to our submitted drainage information we will look to obtain the MUA confirmation you require.
Surface water attenuation tanks shown under the estate road.
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We have a solution to the comments raised which will remove the attenuation crates from under the highway. This will I understand remove the need for agreement with the highways Asset management Team.
Details are required of the proposed culvert located under the estate road which will act as an overflow for the natural water feature.
BB consulting are currently preparing details and will issue shortly. Following submission of the above information and further detail with respect to the proposed culvert, confirmation has been received from Highways Drainage that proposals are now satisfactory, with the request that a condition be attached providing details of the upgraded highway drain in Braddan Road prior to the commencement of works. (28.03.23)
6.1.8 Flood Risk Management - Do not oppose subject to confirmation that MUA are satisfied with the attenuation arrangements. (26.05.23)
6.1.9 Manx Utilities Authority - With respect to foul drainage, Manx Utilities commissioned hydraulic modelling of the proposed development and the downstream sewerage network to understand the impact the additional discharges (foul flows only) would have on the downstream network together to identify what improvements / provisions would be required within or downstream of the development.
The modelling concluded that offline foul storage would be required for the development to ensure that there is no detriment to the downstream network. The applicant has included this proposal within the drainage for the development.
The foul drainage for the proposed development has been designed in accordance with Manx Sewers for adoption following discussions with Manx Utilities and its hydraulic drainage modelling consultants. The foul flows are to be connected via two separate locations from the development, with localised improvements/upsizing being required at Hollin Bank Tromode. Additionally the applicant has confirmed that they will work with Manx Utilities to identify any ground water infiltration that could be removed from the combined sewer which runs adjacent to River Glass and the proposed development.
It has been agreed with the applicant that the proposed foul drainage (comprising of foul sewers, manholes, pumping station and offline storage tank) will be offered for public adoption under Section 8 of the Sewerage Act 1999. Additional construction details of this drainage infrastructure must be submitted to MU in support of this application prior to any construction work commencing on site.
Drainage communication fees will be applied for each separate unit ultimately connected to the public sewerage network.
With regards to surface water drainage, and in accordance with Manx Utilities requirements (and FMD at DoI), the proposed development will have surface water discharges attenuated to 1:100 return period (plus 30% climate change) to ensure the development does not increase flood risk to the downstream watercourses. A number of surface water attenuation tanks and a detention basin are therefore proposed to ensure peak flows are balanced out during rainfall events before discharging into the adjacent watercourses.
In order to reduce sediment runoff and potential pollution into the adjacent River Glass, a series of sumped surface water manholes are to be constructed across the proposed development to collect any such sediment. These proposals have been agreed after detailed discussions between Manx Utilities, DEFA and the applicant.
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It has been agreed with the applicant that the proposed surface water drainage for the development (comprising of surface water sewers, manholes, attenuation tanks, detention basin and outfall details) will be offered for public adoption under Section 8 of the Sewerage Act 1999. Additional construction details of this drainage infrastructure must be submitted to MU in support of this application prior to any construction work commencing on site.
There must be no discharge of surface water from the proposed properties or adjacent hardstanding into the foul sewers. (08.06.23)
6.1.10 DEFA Fisheries - Confirmation that DEFA Fisheries have no objection to this development from a fisheries perspective, provided that there is no adverse effect on the adjacent watercourse. This is due to careful consideration and discussion with Hartford Homes, the MUA and DEFA Environment Protection Unit with regard to surface water drains and low flow pollution dilution. DEFA Fisheries are in agreement with mitigation plans and reliance on sumps to aid dilution of pollutants during low surface drain flows.
Developers will need to be aware of mitigation measures to avoid runoff from the site (during development) mobilising sediment and entering the water course. We advise Hartford Homes to seek advice from DEFA before site stripping begins. (05.10.22)
6.1.11 DEFA Minerals - No comments to make (13.07.22)
6.1.12 Public Estates and Housing - Current data drawn from Housing Division records for the Island indicates that there are 37 persons on the general public sector waiting list for affordable housing to rent in Braddan and Marown, with a further 175 persons seeking a first home in Douglas. There are also 99 persons on the First-time Buyers Register for the East and the West (excluding Douglas), of whom 23 are Active and seeking to purchase a first home in the near future. This figure is not indicative of likely final purchases as the ability to progress to completion would depend upon personal circumstances and mortgage ability at point of allocation. Total number of persons Island-wide on the First-time Buyer Register is currently 437.
The department would therefore request that consideration be given by the Planning Committee to include a requirement, in respect of any approval granted for this site, for the applicant to enter into a Section 13 Agreement with the Department to provide affordable housing, based upon the usual calculation of 25% of the number of units approved within the application, being 82 units. (06.07.22)
6.1.13 Department for Enterprise - We note that the site annotated as DBH002g on the Proposals Map 8 Union Mills / Strang forming part of the Area Plan for the East, approved by Tynwald on the 18th November 2020, is allocated for Predominantly Residential. The following comments on the scheme proposals, are made in light of the Isle of Man Economic Strategy: November 2022, which strengthens Government's economic drivers to:
". . . . develop a strong and diverse economy, which is sustainable, ambitious and built on firm foundations to provide economic success, rewarding career opportunities and prosperity which positively impacts all residents on the Isle of Man.
To achieve this vision, we aim to make the Island a more attractive and prosperous place to live and work, which in turn will sustain and grow productive businesses and services. Combined, this will provide more diverse and sustainable public finances that support the best possible public services and quality of life for all of our Island residents. We will achieve this through a significant £1bn long term public and private investment programme - investing in our people, our economy, our Island and our public services to secure 5,000 new jobs and a £10bn economy with infrastructure that can support 100,000 Island residents over the next fifteen
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years, with appropriate incentives / disincentives to achieve targeted and sustainable population growth".
The Business Agency is pleased to endorse this application, noting particularly that the proposals for 320 dwellings to include 25% affordable housing provision; land to accommodate a two-form entry primary school; a neighbourhood centre and a 68-bed retirement/care home are considered to meet a major strategy driver in the Economic Strategy to 'tackle the housing crisis by ensuring everyone has a suitable and affordable place to call home and our housing stock meets the needs of our population now and into the future'.
Section 20. National Outcomes and Indicators of the Island Plan also sets out that Government will seek to improve infrastructure and services, specifically Housing, with +1,000 additional homes occupied by the end of the parliamentary term, measured using Census information supplemented by additional measurement methods. It is noted that the document, 'Material Economic Information' accompanying the application notes that 'if approved, approximately 50 homes will be built each year, subject to market conditions - so the overall development will take more than 6 years to complete'.
The Economic Strategy goes on to state that we should create;
'A more vibrant place for residents to live, building great communities with better services, and a higher quality of life'. It also seeks to 're-adjust the Island's offering to target new younger workers and families, while encouraging our young people to stay and build their futures on the Island' and proposes that 'attracting more economically active people will help generate further income to be reinvested into the Island'.
The 'Labour Market Statistics' report produced by the Cabinet Office clearly outlines a low unemployment rate at 0.6% in the March 2023 report, with circa 811 vacancies noted at the Job Centre. This scheme, which delivers a mix of 2 and 3 bed affordable homes and a range of residential offerings from 2 bed semi-detached Bungalows to 6 bed detached houses is also entirely in line with the broader desires to see more multi-generational housing made available as set out in the Island's Strategic Development Plan. In so doing, the provision of housing seeks to alleviate one of the barriers to relocating to the Island, which is the availability and choice of housing.
The Planning Statement accompanying the application notes that in respect of Climate Change, sustainability and Active Travel Promotion, these proposals have been developed in consultation with the DOI to allow the proposals to ensure that it maximises pedestrian and cycle permeability and to interface with network improvements being considered by the Government, including the crossing point at Quarter bridge to reach the Heritage trail.
We note that the Design Statement sets out that all homes will be highly energy efficient, incorporating air source heat pumps and roof mounted PV panels, to generate clean energy, and reduce the reliance on carbon-based fuels. The houses can be fitted with EV charging points and smaller homes without garages will have bike storage sheds provided and that the road layout has been planned to support public transport if this is introduced by Bus Vannin in the future.
The scheme additionally incorporates a Sustainable Drainage System for storm water designed in consultation with Manx Utilities & DOI Drainage and Highways, which will be collected and attenuated to ensure discharge into the existing watercourse is controlled and avoids creating a flood risk.
The Business Agency therefore considers that these proposals go some way to 'considering how our Climate Change commitments can inform and positively influence our economic growth, opportunities and stability over the long term'.
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In conclusion, the Business Agency reiterates its support for these proposals which it considers maximises the development of a site designated for residential development, thereby directly delivering aspects of the Island Plan and Economic Strategy and the Built Environment Reform Programme, released in July 2022 by the Cabinet Office, which seeks to improve infrastructure and services, specifically Housing, with +1,000 additional homes occupied by the end of the parliamentary term. (05.06.23)
6.2 Private Representations
6.2.1 At the time of writing, private representations have been received from a total of 41 properties and individuals. This figure includes representations from an advocate who has claimed in their submission that it includes information and objections collected from at least 326 opposing residents surrounding the site. A summary of the issues and comments raised are presented as follows (full details can be found on the application's online planning portal):
Principle
Insufficient capacity of local doctors' practice.
Loss of agricultural land
Objectors or their appointed experts were not granted access to the application site by the landowners and applicant to undertake their own tests on the land.
Overdevelopment
The allocation includes the adjacent site, of which the two sites combined were allocated on the basis of being developed for a scheme including 'about' 300 dwellings.
Design, landscape and visual impact
Site is visually prominent due to its location on the site of a slope, with proposed development to be even more visually prominent due to the site's topography;
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- Site works will be significant due to the topography resulting in an adverse visual and environmental impact.
Impact on neighbouring amenity
Impact on security and increased disturbance.
Highways impacts
Widening of Braddan Road will impact amenities and safety of adjacent properties.
Drainage and flooding
Impact on local water table.
Environmental impacts
Loss of open space;
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Impact on dark sky of the area from light pollution.
Heritage impact
Impact on archaeological below ground assets.
6.2.2 Of the 41 representations received, 2 of those support the application, including reference to noting the positive inclusion of affordable housing for first time buyers.
7.0 ASSESSMENT 7.1 The main issues to consider in the assessment of this planning application are as follows:
(STP1,2,9,11, SP1, H1-4,6, BP10, CP1,2,5)
(EP24)
(STP10, CP10, TP1-8)
(GP4, HP5)
(EP10, IP1,2,5)
7.2 PRINCIPLE OF DEVELOPMENT 7.2.1 As noted at paragraph 4.1 of this report, the application site almost entirely corresponds with Site DBH002g which, together with the small adjoining site adjacent to Ballafletcher Road (BH030g), have been allocated for predominantly residential use through Residential Proposal 1 in the Area Plan for the East (APE) within Braddan District. The Development Brief for the combined sites as detailed in Residential Proposal 1 states the following:
The site shall be allocated for predominantly residential use.
Together, these two sites form an area contained by Ballafletcher Road; Braddan Cemetery and Braddan Road; a registered tree belt north of Douglas Rugby Club; and the Tromode Woods housing estate. The sites are close to existing services and public transport links. Although this land is mostly well contained, development would have some visual impact and should be sensitively designed to minimise this. Development should also minimise any impact on registered trees, and mitigate any tree loss by replacement tree planting.
Although it is acknowledged that the sites are in separate ownership, they should be the subject of a comprehensive Masterplan, which will include a phasing strategy. The two sites may be developed at different times, but the development of one should not prejudice the subsequent development of the other. The Masterplan should provide for the possibility of an eventual vehicular access between Ballafletcher Road and Braddan Road, through the proposed development; and should provide for pedestrian and cycle routes, so as to promote active travel.
There are various access points that could be used. However, until a detailed assessment has been undertaken these options cannot be fully appraised and compared. The detailed assessment should also consider whether bus access can be delivered through the site. It should be submitted as part of any planning application for development of this land.
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5. The sites shall be used for residential development (of about 300 dwellings) with associated infrastructure, including provision for a two form entry primary school, community facilities, and open space (including landscaped areas, children's play space and amenity space). Consideration should also be given to the provision of specialist accommodation for elderly people. The Masterplan should show how the present provision of land for burials could be maintained within the scheme design.
Ground conditions must be taken into account, and the Masterplan should show the extent of any marshland within the site, and how this is to be treated.
Any proposals for the site should include a full assessment of the impacts on registered buildings and areas of potential archaeological interest.
Any planning application must include sectional drawings showing how account has been taken of the sloping topography of this land.
An Environmental Impact Assessment will be needed for any development proposed on this site.
7.2.2 The core element of the proposals relate to residential development as required by the above referenced Development Brief for the site, and amount to a total of 320 dwellings with a varied housing mix.
7.2.3 It is recognised that the brief makes reference to a requirement of 'about 300 dwellings' across both sites, with the proposals including provision for a total number of dwellings marginally in excess of the quoted unit number in the Development Brief. Notwithstanding this however, the number of dwellings referenced in the Brief is approximate in its wording, does not constitute a 'glass ceiling' and therefore allows for a degree of flexibility in terms of unit delivery.
7.2.4 Likewise, Strategic Policy 1 of the Strategic Plan notes that development should make the best use of resources by, inter alia, ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards. On this basis therefore, subject to design, layout and amenity considerations which are subject to further assessment within this report, the principle of providing 320 dwellings within the site is considered acceptable.
7.2.5 The proposals further include the provision of a community facility, which takes the form of a neighbourhood centre including 3 no. retail units and a children's nursery. Such provision is considered to be acceptable in principle by way of meeting the requirements of the Development Brief. Furthermore, the proposed school site has been considered acceptable by the Department for Education, Sport and Culture (DECS) during pre-application discussions with the applicant, particularly in relation to its size (2.09 hectares) and ability to accommodate required drop off and collection areas to the front of the school. An additional 0.28 hectare parcel of land has also been reserved to accommodate a potential bus turning area adjacent to the main school site. Such proposals comprise the 'in Principle' element of the scheme, and therefore further detail as to the design, form, layout and access arrangements for the school would form part of a future Reserved Matters application to be submitted by DESC. It is understood that the exact timing of the submission of an application would be subject to DECS submitting a business case and receiving the required government funding, and is therefore outside of the control of the applicant.
7.2.6 The initial proposals included a 68-bed care home for the elderly in response to the Development Brief's requirements that 'consideration should also be given to the provision of specialist accommodation for elderly people'. Upon further consideration by the applicant
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however, this element of the proposals have subsequently been removed, with the agent providing the following explanation:
"It is noted that the Development Brief requires consideration of the provision of specialist accommodation for the elderly. Whilst not a policy requirement this has been considered as part of the application as the originally submitted scheme sought approval in principle for a three storey 68-bed retirement care home on a flat area of land situated to the south-east of the site. Special accommodation of this nature requires a large level plot of land and this was the only area of the site it could be accommodated. However, this area has a historic use as a tip and on further consideration has been found not to be suitable both from a costs perspective and also following further ecology advice which found the area to be of high habitat value which also serves as a buffer to the retained woodland. As a result, it is considered that it would be best for this area to be left undeveloped and retained as green infrastructure." 7.2.7 The agent's revised planning statement has further added however that:
"Accommodation for the elderly has been provided in the scheme in other formats, principally through the provision of an extensive number of bungalows (33 in total) which are suitable for the elderly. These units will be designed to be accessible and adaptable in accordance with building regulations and will be adaptable to wheelchair user dwellings standard, if required in the future."
7.2.8 With respect to the above, it is recognised that the passive requirement for consideration being given to the provision of special accommodation for the elderly was included in the Brief following suggestion by the applicant, which included the concept of incorporating a care home within the masterplan for the site's development. Noting the wording of the Brief however, which does not include an absolute requirement for the inclusion of specialist accommodation for the elderly, the subsequent omission of the care home for the reasons put forward by the agent are considered to be acceptable. Likewise, the high proportion of bungalows within the scheme's residential element would lend themselves more practically for elderly people, albeit not constituting 'specialist accommodation for the elderly' in a literal sense.
7.2.9 Whilst Site BH030g has not been included within the application site due to falling within a different ownership, the submitted masterplan clearly illustrates that an access route could be provided from the application site to Ballafletcher Road through Site BH030g, with the proposed development not prejudicing Site BH030g coming forward for development in the future.
7.2.10 All further requirements of the Development Brief have been met insofar as the required technical information has been included within the submission. Detailed assessment of such matters, such as highways, ecology, arboriculture and heritage, together with additional material considerations listed at paragraph 7.1 of this report, are provided in subsequent sections of this report.
7.2.11 It is recognised that this application has been subject to significant levels of representation having been received, particularly from local residents surrounding the site, together with the Local Authority as detailed in previous sections of this report. Such representations include strong objection to the principle of developing what currently constitutes a greenfield site, and include reference to various empty brownfield sites within the Douglas urban area which are considered should take priority over the site's redevelopment within the representations received. Likewise, concerns have been raised over the loss of potentially fertile and versatile agricultural land, contrary to Environment Policy 14 of the Strategic Plan.
7.2.12 With respect to the status of the land from an agricultural perspective, the Inspector noted in their report at paragraph 256 that:
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"There is no technical evidence that indicates that the proposed housing site consists of especially versatile farmland - it is not shown on the Agricultural Land Classification Map, being enclosed by a largely urban area."
7.2.13 It is noted that a Land Use Capability Classification report (October 2021, Soil Environment Services) has been undertaken on behalf of a local resident, and indeed has been included within the formal objection put forward by Pegasus Planning on behalf of Braddan Parish Commissioners, whilst having been further referenced in additional representations received. This assessment was carried out on land surrounding the application site and, as the report considers, on the same soil types as those present within the application site. The assessment concludes that the land use capability classification (LUCC) for Strang soils in general is 2/3 (i.e. land in the area of the Strang soils is predominantly Class 2 with pockets of Class 3). On this basis, the assessment concludes that land within the application site is classed as LUCC 2/3.
7.2.14 By contrast, a Land and Soil Assessment was undertaken (February 2021) on behalf of the applicant by Manx based Rural Business Consultancy (RBC). The assessment notes that the six fields in question which comprise the application site do not appear to have been assessed by the Harris, Fullen and Hallett report (2001), which assessed agricultural soils throughout the isle of Man and determined corresponding land use capability classes. The application site in question was determined as falling within the urban classification boundary of Douglas.
7.2.15 The RBC assessment correctly considers that the application site clearly does not fall under the urban classification, but suggests that given the surrounding land is also classified as urban, it may have fallen into that the authors of the 2001 report felt was a suitable boundary for current and expected urban areas.
7.2.16 Following assessment of the soil depth and wetness, in accordance with industry standard methodology, and in particular of land falling within the application site itself, the RBC assessment concludes that the soil classification of the application site comprises Grade 3, being a mix of subgrades 3a/3b. Therefore, whilst the results of the assessment conducted by Soil Environment Services are noted, such an assessment was not conducted on land falling within the application site itself, and therefore only limited weight can be placed upon its findings. By contrast, the RBC assessment was conducted on land falling within the application site, with insufficient evidence put forward to suggest that the results of its findings should not be accepted. Consequently, it is considered that the site's redevelopment would not result in the loss of important and versatile agricultural land, and therefore not conflict with Environment Policy 14.
7.2.17 Notwithstanding comments received, the fact remains that the site has been allocated for development within the Area Plan for the East, with the merits as to the site's allocation having already been considered through the public inquiry process which ran from 10th September to 2nd October 2019. Consequently, the principle of development, namely the site's redevelopment for predominantly residential purposes, has been found acceptable through the site's allocation as part of the adoption of the Area Plan for the East. Comments received in relation to numerous redundant brownfield sites within Douglas are noted, however, the application site's allocation for development through the Area Plan and demonstration of delivering a comprehensive residential led scheme remains the primary material consideration and the starting point for officers of the Department to consider proposals for the site's redevelopment.
7.2.18 Likewise, with respect to the quality of the application site's soil, even if it were considered that the agricultural grading was indeed Class 2 or 2/3, this would need to be weighed against all other material considerations, including the site's allocation within the Area Plan for the East. The preamble to Environment Policy 14 (paragraph 7.13.1) makes reference to the Agricultural Soils of the Isle of Man (2001) document, which notes that 80.26% of
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agricultural land on the Island fell within Class 3, whilst only 4.87% of agricultural land fell within Classes 1 and 2. The text further adds that new Area Plans will include a general presumption against the release of Class 1 and 2 agricultural land for development.
7.2.19 Consequently, the status of the land in question with respect to its soil quality and subsequent release for development was considered as part of the adoption of the Area Plan for the East, with the application site having been subsequently allocated for development. Moreover, the preamble to the whole of the Strategic Plan states that 'If, contrary to the requirements of section 2(4) of the Act (that an Area Plan is to be in general conformity with a Strategic Plan), there is any conflict between the contents of an Area Plan and the contents of the Strategic Plan, the more recently approved provisions will prevail.' (page 4). On this basis, the site's allocation for development within the Area Plan for the East is the strongest material consideration to which the application should be weighed against.
7.2.20 In light of the above therefore the principle of development, subject to the subsequent consideration and assessment of further material planning considerations throughout this report, is considered to be acceptable.
7.3 DESIGN, LAYOUT AND VISUAL IMPACT 7.3.1 As noted in the accompanying planning statement, the layout of the scheme has been largely driven by specific site characteristics, and in particular the site's varied and sloping topography, together with the site's relationship with surrounding residential properties. In particular, the layout includes the retention of the majority of the registered tree belt (moderate loss to facilitate new access aside) along the site's eastern and southern boundaries, with additional compensatory tree planting proposed in and around the new vehicular access. The proposals further include the core provision of open space at the highest point of the site most visible from public areas outside of the site in order to reduce the visual impact of the development in the context of more long distance views.
7.3.2 The layout of the scheme effectively constitutes an irregular perimeter block design which has been modified where necessary to correspond with the site's topography, whilst making use of existing tree belts and hedgerows which are to be further reinforced with an integrated and comprehensive landscaping scheme, together with significant areas of public open space provision and children's play areas.
7.3.3 Likewise, the proposals include a range of house types of varying form but which utilise a common materials palette and architectural theme, which is not that dissimilar from the design and form of the adjacent Tromode Woods estate dating from the mid-1990s. The proposals utilise slightly different finishes, incorporating a range of brickwork, timber cladding and painted sand and cement render, and position/design of front porches which vary throughout the development. This ensures that the proposed continuous line of dwellings in some instances would be broken up along the streetscene and display a range of house types and styles.
7.3.4 As confirmed by the agent in the application's submission, the residential element of the scheme amounts to a density of circa. 13 dwellings per hectare, with spans between the low and medium density levels identified within the Residential Design Guide. The application site relates to the development of a large residential estate within relatively close proximity to the centre of Douglas and incorporating a range of dwelling types, but with no apartments. Therefore, the principle of the proposed density at 13dph is considered to be appropriate in the context of the site's location, the range of dwelling types proposed and the prevailing density of surrounding residential development, including the adjacent Tromode Woods estate which amounts to a density of circa. 14dph.
7.3.5 In terms of visual impact upon more long distance views from outside of the application site, the proposals will undoubtedly result in a material change as a result of the development
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of a greenfield site. The application is accompanied by a Landscape and Visual Impact Assessment (LVIA), which includes a written assessment forming part of the submitted Environment Statement, together with a visual inspection from key views (total of 32) surrounding the site.
7.3.6 The written assessment provides analysis of the development's impact in the context of such keys views, alterations to the landscape, land form and current use, together with analysis of the subsequent impact pf the development over time up to year 15 following completion as a result of the maturation of landscaping within the site. The assessment provides the following summary and conclusions:
The landscape designations identified on the site are belts of Registered Trees along the southern and western boundaries. There will be a degree of Registered Tree loss associated with construction of the proposed new site access off Braddan Road which will be compensated for by new tree and woodland planting throughout the development.
The change on the landscape and associated elements of the site itself at completion is considered to be a moderate adverse effect with the main effects being the large scale loss of agricultural land, changes to the landform and the reduced internal scale that will be more in character with the existing surrounding residential areas. The importance and effect will however reduce over time as the scheme establishes and assimilates with the existing surrounding wooded and enclosed residential areas with a significant increase in tree cover on the site.
The site is located in the south east of C3: Union Mills, Glen Vine and Crosby character area as an indent into the Braddan / Douglas Townscape where the proposed development will result in a slight increase of the urban influence on the character area
Visual receptors which have been represented by viewpoints were selected through analysis of local topography and by walking Public Rights of Way within the area. The viewpoints were chosen to represent either the typical views of a receptor or a view from a particularly sensitive location. In total 32 viewpoints were appraised.
Early in the study process it became evident that although the site when standing at the high point in the centre has an open aspect with the levels elevated in relation to the River Valleys of the Dhoo and Glass there is a strong sense of enclosure both in close proximity to the site and at distance due to landform, mature vegetation cover and built form.
The close views where there would be the greatest level of visual change at completion are from viewpoints 14 Port E Chee (moderate adverse), 26 and 27 on Braddan Road (minor/moderate adverse), 30 bottom of Braddan Cemetery (moderate/major adverse) and 31 centre of Braddan Cemetery (moderate adverse). It is notable when walking or driving around the site that views into the site become very restricted.
The distant views (greater than 1.5km) where there would be the greatest level of change at completion are from Old Castletown Road with the effect being minor adverse. Overall, the landscape and visual effects of the proposed development are considered not to be significant after 15 years.
The implementation and ongoing maintenance of the landscape strategy will provide an important element of mitigation, which will help to soften and assimilate the development into the local landscape, thereby minimise the residual effects of the proposals.
7.3.7 Having reviewed the submitted information and visited various points surrounding the site, officers are content with the level of assessment provided and the conclusions drawn. In particular, it is agreed that views of the site are most pronounced from with Port-E-Chee
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Avenue where a large portion of the development will be clearly visible. That being said, the site is presently visible in the context of pre-existing development within Ballaughton beyond (west), and therefore would not appear wholly incongruous, particularly being largely enclosed by development on all sides. Likewise, the site has been allocated for development and therefore a significant material change of the site (i.e. greenfield to residential led development), has already been accepted as part of the adoption process for the Area Plan for the East.
7.3.8 Additional visuals of the site could be possible within Braddan Road itself, particularly during the Winter months when coverage from tree foliage would be more limited. Likewise, the new access proposed would further allow for modest views into the site itself. That being said, as per previous points made, the principle of the site being redeveloped have already been accepted and therefore a degree of visual change is unavoidable. Moreover, the existing retaining wall fronting Braddan Road, coupled with the Registered Tree belt and additional compensatory tree planting within the site would largely shield the majority of the development site from view of Braddan Road.
7.3.9 In summary, it is accepted that the site's redevelopment would result in a significant material change to the site's present condition as a greenfield site, with the proposals visible to varying degrees from multiple vantage points surrounding the site. However, it is considered that the layout of the development has been presented as such that the corresponding visual impact would be as limited as is feasibly possible, particularly with the general omission of development from the highest points of the site which is to be occupied by public open space.
7.3.10 Moreover, due to the site having been allocated for development through the Area Plan, there has already been a general acceptance within Government and by the Inspector with respect to the site's redevelopment and the unavoidable associated visual change. In any case, the impact of the development is not considered to be sufficiently harmful from a visual standpoint to warrant objection to the scheme, with the portion of the site containing the greatest concentration of development (i.e. south-western/southern elements) sited on lower ground and largely enclosed by a mature belt of trees. Consequently, it is considered that the layout of the scheme as presented is appropriate, whilst successfully responding to the site's varied topography as required by the Development Brief. The proposals are therefore considered to be acceptable from a design, layout and visual impact perspective, in compliance with Strategic Policy 5 and General Policy 2 of the Strategic Plan, together with meeting the design and layout aspirations of the site's corresponding Development Brief within the Area Plan.
7.4 RESIDENTIAL AMENITY AND OPEN SPACE 7.4.1 In considering any potential impact upon the residential amenities of the neighbouring properties, given the size of the site and number of dwellings proposed, all properties situated either adjacent or in relative proximity to the site will undoubtedly be impacted by the development to some degree. Indeed, any development on the site would pose an impact given it currently comprises open fields devoid of any development. The pertinent issue to consider is whether the proposed development would significantly or demonstrably impact upon the amenities of the neighbouring properties with regard to overlooking, loss of light, overdominance or a sense of overbearingness, noise and air quality.
7.4.2 In terms of overlooking a general guide (as noted in Chapter 7.0 of the Residential Design Guide) which the department utilises is the 20 metres measure, which is taken between direct facing windows, generally two storey properties. In this case all but one of the proposed dwellings are in excess of 20 metres from existing neighbouring properties that border the site, namely those within the Tromode Woods estate and adjoining properties (i.e. Hollin Bank, Bracken Bank, Hollin Lane, Ashen Bank and The Falls), Ballafletcher Farm, Greeba House, Braddan Bridge and Port-e-Chee Farm. The only exception to this would be one of the larger detached dwellings proposed adjacent to the neighbouring property of Troutbeck, The Falls.
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However, the level of retained separation, circa. 18-20m, is considered to be more than sufficient to ensure that residential amenity would not be sufficiently impacted.
7.4.3 Turning to existing residential properties within The Falls and Hollin Bank, the revised proposals have reduced the density of development within the corresponding portion of the site, and in particular have increased the distance of new dwellings from the site's corresponding boundaries. Dwellings will now face onto the circular access route, with a landscaped buffer proposed on the opposite side of the access running alongside an existing mature tree belt. Retained separation distances between Nos. 1 and 5 The Falls, and Nos. 44- 46 Hollin Bank (those properties closest to the site) and the closest dwellings proposed within the site are noted to be circa. 35m to 40m, with an intervening mature tree belt, landscaped buffer and access road. Such a relationship is considered to be sufficient in ensuring that the amenities of the aforementioned properties would not be demonstrably impacted with respect to overlooking, overshadowing, loss of light or overdominance.
7.4.4 Adjoining properties located further northward within Tromode Woods (i.e. Nos. 33-38 Hollin Bank and 22 Hollin Lane) would abut a proposed ecological area and a portion of designated public open space, with a single row of properties proposed further east overlooking public open space to the south. Given the absence of built development within close proximity to this portion of the site's boundaries, the impact of the development as a whole on these properties would also not be significant.
7.4.5 It is recognised that the proposed primary school site would be located within this portion of the application site within immediate proximity to Ballafletcher Farm and relative proximity to properties within Tromode Wood. Whilst the full impact of the school upon the amenities of surrounding residential properties would be assessed as part of a future reserved matters application relating to the school site, it is not considered that the impact of this aspect of the properties upon residential amenity, particularly in relation to associated noise, would likely be sufficiently harmful to warrant objection. In any case, it is notable that no objections have been raised from surrounding residential properties with regard to the principal of the primary school being developed in this location.
7.4.6 Chapter 9 of the submitted Environmental Statement assesses the impact of the development, both during the construction stage and subsequent operational phase, with respect to noise and vibration upon the amenities of surrounding residential properties, together with assessing the amenities of future residential properties and impacts associated with and upon the primary school. The assessment provides the following conclusions in this regard:
"The noise climate at the site is influenced by road traffic noise on the roads around the site, primarily from Braddan Road and Ballafletcher Road. The existing acoustic climate at the site has been established by direct measurement. There are considered to be no significant sources of vibration in the area around the site.
The construction phase of the development has been considered to determine whether construction noise and vibration is likely to lead to significant effects at the noise and vibration sensitive receptors close to the site. The following conclusions have been reached:
even with appropriate mitigation measures implemented, secured via a Construction Environmental Management Plan, construction noise may lead to significant adverse effects at receptors close to the eastern, northern and western boundaries of the site including when construction works are undertaken at or close to the site boundaries;
however, these significant effects are only likely to occur for a short duration. For the majority of the construction works, no significant effects are predicted to occur;
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- construction vibration may to lead to significant adverse effects at the receptors close to the eastern, northern and western boundaries of the site, if vibratory compaction works are undertaken on the boundaries of the site closest to the receptor.
however, these significant effects are only likely to occur for a short duration. For the majority of the construction works, no significant effects are predicted to occur.
The operational phase of the development has been considered to determine whether the site is suitable for residential, neighbourhood centre and educational use. The following conclusions have been reached:
the noise levels at the site will not lead to any significant adverse effects for any future residential or educational uses;
standard thermal double-glazing and standard ventilation mechanisms will provide a sufficient level of sound reduction performance to achieve the internal noise level guideline values in BS8233: 2014 for proposed residential properties and in BB93 for the proposed school;
noise levels in the majority of proposed gardens and in the external areas of the proposed school will meet the appropriate guideline values BS8233: 2014 and BB93. The use of 2 metre high garden fences that act as noise barriers, screening the gardens along the western edge of the site from Braddan Road and Peel Road will reduce noise levels in these spaces; this is considered to meet the requirements of BS8233: 2014;
the selection of appropriate plant items that comply with the identified noise limits should result in no significant adverse effects as a result of fixed plant noise associated with the proposed neighbourhood centre;
the addition of operational traffic along off-site roads is unlikely to lead to any significant noise effects.
There are no significant cumulative adverse effects predicted during either the daytime or night-time from off-site road traffic as a result of the development and zoned employment sites BE002(a and b)g and BE006 within the Area Plan for the East."
7.4.7 Following review of the above referenced assessment, officers accept the conclusions reached in the Environmental Statement with respect to noise impact, with the greatest impact upon residential amenity likely to occur during parts of the construction phase. It is accepted however that any degree of construction works would give rise to a degree of noise and vibration and is therefore largely unavoidable. However, the construction phase of the development would be for a limited duration and the associated impacts would cease following final completion of the development, with works within portions of the site in the closest proximity to surrounding properties comprising an even shorter duration. Mitigation measures have been outlined within the submitted Statement, which includes reference to phasing in order to minimise the period when works creating the greatest levels of noise would be undertaken close to the site boundaries, together with further industry standard measures and compliance with guidance contained with British Standard BS5228. Likewise, further details of construction access and construction traffic management would be supplied by condition, the content of which would be fully reviewed by the Department prior the approval of such details.
7.4.8 Any further issues which may arise during the construction phase of the development, such as noise, dust and matters relating to the highway, would be managed by other relevant departments of the Government, with the Department of Infrastructure (Highway Services) and the Department of Environment, Food and Agriculture (Environment Health Unit) having powers
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to enforce any potential breaches under their own legislative powers (i.e. Highways Act 1986 and Public Health Act 1990).
7.4.9 With regards to the operational (long-term) phase of the development, officers are also content with the level of assessment provided and the conclusions reached, insofar as the development would not give rise to significant noise affects with respect to surrounding properties, particularly in the context of noise generated from extant off-site traffic.
7.4.10 Likewise, the quality of amenity for future residents is also considered to be acceptable with respect to noise impacts. Indeed, further information has been provided with respect to Air Source Heat Pumps (ASHP) which would serve each property, which includes technical information of the equipment and demonstration that their installation would, by and large, comply with the requirements set out within Classes 23 and 23A of the Town and Country Planning (Permitted Development) Order 2012 in order to constitute permitted development. Whilst the inclusion of ASHPs would clearly not constitute permitted development as they would be constructed in tandem with each dwelling (as opposed to being constructed following completion of each dwelling), the general conformity with permitted development criterion provides further assurance, together the level of additional information supplied, that noise and cooling levels associated with the ASHPs would not be significant with respect to the amenity of future occupants of the development.
7.4.11 Consequently, noise levels at the site are therefore not considered to lead to a significant adverse effect for future residents or indeed users of the primary school, with the submitted assessment affirming that the various requirements of British Standard guidance (BS8233 - residential and BB93 - external teaching areas) would be met.
7.4.12 With respect to air quality, the submitted Assessment notes that an Atmospheric Dispersion Modelling System (ADMS), has been used to predict the impact of the operational development on local NO2, PM10 and PM2.5 concentrations. The assessment has predicted an overall negligible impact on NO2, PM10 and PM2.5 concentrations as a result of traffic generated by the development on sensitive receptors located in the vicinity of the site. Likewise, the cumulative impact of traffic generated by the development in conjunction with development in the wider area was also found as part of the Assessment to be negligible.
7.4.13 Further to the above, the planning agent's rebuttal statement to various objections received to the scheme has included the following points of relevance which are considered material:
"A number of third party consultees raised concern over the impacts of air quality arising from the traffic associated with the development. The Pegasus response suggests this wasn't even included in the application, but that is incorrect. Although air quality impacts were screened out of the EIA as not being likely to be significant, a detailed report on air quality was nevertheless submitted alongside the application (Resound Environmental May 2022).
The Resound assessment considers the impact of the proposed development on local air quality on a number of sensitive receptors in the area, principally the roads surrounding the site which cover residential areas and Braddan Primary School. The main impact on air quality during the construction phase of the development relates to dust arising from on-site activities including earthworks, construction and associated vehicles movements. The report recommends mitigation measures to be included in a Construction Environmental Management Plan which would result in an insignificant impact on air quality.
Once constructed, the report identifies that there would be a negligible impact on local air quality effects as a result of the traffic generated by the development proposals.
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Objectors have referenced and provided an extract of air quality testing data undertaken by Gradko that was presented to Tynwald in 2020 which, it is claimed, shows air pollution levels near the site access already significantly exceed EU & WHO norms and objectives. Although not raised by any objectors, more recent Government air quality monitoring data has also been published in November 2022. A response to the air quality issues taking into account both the Gradko report and the recent Government data has been prepared by Resound Acoustics in the form of a Technical Note and is provided alongside this report and the recent application amendments. This Air Quality Technical Note concludes that neither data set change the conclusions of the May 2022 Assessment.
Accordingly, it remains the case that the air quality at the identified sensitive receptors remains well within Air Quality objectives and the change to air quality arising from the development is also negligible."
7.4.14 The above referenced points made by the agent in tandem with the technical note produced by the applicant's air quality professionals are not disputed, with the proposals considered to be acceptable with respect to air quality impact.
7.4.15 Turning to the quality of amenity for future residents, and notwithstanding comments already made, it is considered that all dwellings proposed would be afforded sufficient garden space and commensurate with the size of corresponding dwellings. Back to back distances would, in all cases, comprise a minimum length of 20m as per the Residential Design Guide, thereby ensuring an acceptable standard of privacy and relationship with one another. Likewise, the neighbourhood centre, with the proposed nursery and retail units, are considered to be in an appropriate location so as to not materially impact the amenities of new dwelling to the west and south; irrespective of the end use for the retail units (i.e. retail/café/takeaway etc.). Matters relating to the new primary school and residential amenity impact would be considered as part of a future reserved matters application, however there it is considered reasonable that a suitable scheme could be designed within the school site to ensure the amenities of surrounding properties would be suitably safeguarded.
7.4.16 Public open space has been provided throughout the site, with a general focus on the eastern and southern sections, with additional landscaped areas smaller pockets of formal public open space dotted throughout the scheme. This includes various formal recreation areas and natural play areas, together with designated seating areas and footpaths/cycle paths. This includes a footpath/cycle path extending south-eastward from the core of the site past Douglas Rugby Club, around the perimeter of the playing fields towards Quarterbridge.
7.4.17 Cumulatively, but excluding all cycle paths, the proposals include a total of 7.71 hectares of public open space; well in excess of the 2.87 hectares of public open space required for the proposed development. The level of provision is therefore considered to be acceptable, both in terms of quantity by exceeding the minimum requirements as outlined in Appendix 6 of the Strategic Plan, but also the quality with generous single areas of useable space, including more formal recreation, play and seating areas. Further details of complementary landscaping would however be provided by way of condition, should planning permission be forthcoming, with the level of open space to be secured via a Section 13 legal agreement.
7.4.18 With respect to the ongoing management of public open space within the site, it has been indicated that discussions between the applicant and the local authority (Braddan Parish Commissioners) have been undertaken, although at present the local authority have expressed an unwillingness with respect to the adoption of public open space. The only alternative therefore would be for the open space to be passed over to a management company, which is becoming increasingly common place in the UK, however would amount to a less than satisfactory solution giving rise to an inequity in services provided by the local authority to different residents within the Parish. This could result in future residents of the estate having to deal with legal and financial difficulties that management companies often bring with them. It
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would therefore be preferable if the local authority and applicant could, in time, reach a solution in which the adoption of the areas of public open space will be a taken on by the local authority.
7.5 ECOLOGY, BIODIVERSITY AND ARBORICULTURE 7.5.1 The application is accompanied by an Ecological Assessment carried out by Manx Wildlife Trust as detailed at Chapter 6 of the Environmental Statement and associated appendices. The revised Planning Statement provides the following assessment of the scheme in light of the survey work conducted:
"The Environmental Assessment demonstrates that the majority of the application site comprises of managed semi-improved grassland and arable fields and areas of unmanaged semi-improved grassland, broadleaf woodland, mixed woodland, scrub, marsh, an ephemeral pond and amenity grassland.
The site itself is not covered by any statutory or non-statutory wildlife or nature designations, although there are designations on adjacent land. Whilst there are no statutory designated sites in the surrounding area, there are a number of non-statutory designated sites including a Local Wildlife Site at Braddan Cemetery and Woodside Mill/Tromode. Braddan Cemetery and the adjacent Field 524763 situated to the north of the site is classed as having importance for grassland fungi.
Various protected species surveys have been undertaken relating to breeding birds and bats. The breeding birds survey found that the interior of the site is of limited value to breeding and foraging birds, however the site has key habitat features such as broadleaved and mixed woodland belt, unmanaged grassland and scrub between the woodland and the field system and hedge banks between fields which support key species of conservation importance.
The bat survey found that the site is used by foraging and commuting bats. Key areas of bat activity were the north-west corner of field 524226, the area to the west of the pond and the woodland edge at the south of the site.
The majority of the proposed development will impact upon agriculturally improved fields of low ecological value with poor habitat connectivity. As a result, the construction works would lead to the loss of areas of semi-improved grassland, arable land, woodland and trees, scrub, hedge bank and stonewalls. This would result in short-term adverse impacts as a result of a loss of habitat and foraging resource for bats, birds and common frog.
A package of mitigation measures has been identified to address these potential impacts, including on-site creation of 1.5ha of predominantly species rich grassland; 2.3ha species rich grassland verge; 0.10ha native or ecologically beneficial shrub species; 0.5ha broadleaved woodland micro forest; 1.6ha thicket/woodland edge planting; retention and enhancement of seasonal pond and marsh area to provide a wetland feature; retention and enhancement of 0.8ha of existing marshy grassland, the south-western corner of the site is to be retained as green infrastructure; and 1.7km mixed species native hedgerow. Overall, the proposals seek to ensure no net loss in biodiversity and potentially net gain.
The assessment shows that the proposed habitat retention, enhancement and creation will provide new nesting, foraging and sheltering opportunities for local wildlife and will result in moderate beneficial impact on bats, breeding and sheltering birds, and common frog."
7.5.2 The Ecosystems Policy Team have assessed the proposals and information submitted, and have considered that a suitable level of assessment has been undertaken by Manx Wildlife Trust (MWT). The removal of the care home from the scheme has been welcomed, as it was previously proposed within an area identified as being of particular importance for breeding
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birds and bats. Various conditions have been requested to be attached to any forthcoming planning decision to ensure no net loss for biodiversity, which are considered to be reasonable in the context of the scheme.
7.5.3 In the interests of completeness, and notwithstanding comments received form the ecosystems policy team, the applicant commissioned MWT to revisit the site and provide a further ecological review following an additional walkover survey completed in line with the CIEEM Advice Notice. The review is considered by the author to provide confirmation that there has been no significant change in the on-site habitats previously identified with minor changes only identified in the south west corner and that a new Preliminary Ecological Appraisal and species surveys are not considered necessary to inform any further impact assessment. The Ecosystems Policy Team have review the additional information provided and consider that a suitable level of assessment has been undertaken, whilst accepting MWT's conclusions that no significant changes have occurred to the habitats on site. Therefore, it is confirmed that a new preliminary ecological appraisal report (PEAR), bat and bird surveys are noted required.
7.5.4 Notwithstanding this however, any future reserved matters application relating to the scheme will need to be accompanied by a new Preliminary Ecological Appraisal Report, alongside any additional surveys deemed necessary with associated avoidance, mitigation and compensation measures. Likewise, further detail of the planting proposed within the designated 'ecological area' will also be required to be submitted in tandem with a detailed soft landscaping scheme.
7.5.5 With respect to arboriculture, the submission is accompanied by a Tree Survey, Arboricultural Impact Assessment (AIA) and Tree Protection Plan undertaken by Manx Roots, with an updated AIA having been provided taking into account subsequent changes to the scheme.
7.5.6 The Tree Survey identifies that there is a registered established wooded bank of trees along the site's southern and western boundaries, with sporadic individual trees and smaller tree groups to the north of this woodland. The woodland was extended in the last 25 years which created a younger area of woodland adjacent to Braddan Road which has not been actively managed and would, as considered by Manx Roots, benefit from management to promote individual tree stability. Within the main development site, trees are mostly confined to the field perimeters and internal hedges. An avenue of large lime trees is situated in the area of the proposed footpath/cycle route to the south of the main development site which will not be adversely affected, subject to measures undertaken to install permanent ground protection. Overall, within the site the existing closed canopy cover is approximately 33,000m2.
7.5.7 The submitted AIA concludes that the development will result in the removal of 9 Category C (low quality) trees, 2 Category C (low quality) tree groups, and a further 8 tree groups would be partially impacted. Overall, the proposals would result in the removal of approximately 4,323m2 of existing canopy cover. Such loss would however be compensated by significant new tree planting including tree lined roads, new woodland and thicket planting, which includes a large area situated at the new site access from Braddan Road. It is expected that 1,170 individual trees will be planted to implement the landscaping masterplan, as well as 5,582m2 of woodland and 15,789m2 of thicket. The total canopy gain at plating is expected to be 17,288m2 which could increase to 17,805 m2 in 10 years and 24,484 m2 in 25 years.
7.5.8 The AIA recommends, as confirmed by officers from DEFA Forestry, that the submission of an Arboricultural Methods Statement should be provided by way of a pre-commencement condition to outline measures to be put in place during construction to protect retained trees, should planning permission be forthcoming. On this basis, DEFA Forestry do not object to the scheme.
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7.5.9 The level of information provided has been found acceptable with the proposals, whilst resulting in an initial loss of tree coverage within the site, include substantial planting to compensate for such loss which, over time, would amount to a significant uplift in canopy cover relative to the present situation. The proposals are therefore considered to be acceptable from an arboricultural standpoint, subject to the submission and review of an Arboricultural Method Statement, the implementation of sufficient tree protection measures, and the submission and review of a detailed landscaping scheme including replacement tree planting within the site.
7.6 HERITAGE AND ARCHAEOLOGY 7.6.1 The submission is accompanied by a Heritage Assessment which has been undertaken by RPS as detailed at Chapter 10 of the Environmental Statement and associated appendices. There are no Ancient Monuments or Registered Buildings within the site itself, with the closest heritage asset comprising the Braddan Cemetery Office building (The Lodge - Registered Building ref. 229) situated circa. 110m to the north of the site. The proposed development would not result in a material impact upon the Registered Building itself, whilst resulting in a material harmful impact upon the setting of the heritage asset.
7.6.2 In terms of below ground assets, a geophysical survey and trial trenching has identified three areas of archaeological interest. These comprise of a Bronze Age settlement and industrial remains, Bronze Age enclosures and features related to Early Medieval activity. The submitted Heritage Assessment has stated that construction impacts upon buried archaeology will be addressed through a programme of archaeological works to be agreed with Manx National Heritage, but considered that the impact of the development upon below ground assets would be negligible. It is considered that further archaeological investigation and any mitigation measures as required can be suitably secured via condition, should planning permission be forthcoming.
7.6.3 Manx National Heritage have commented on the submitted information and consider that the proposals are acceptable with respect to the development's impact upon below grounds assets. This however is subject to the attachment of a suitably worded planning condition requiring that the applicant undertake full archaeological mitigation, including a written scheme of investigation, and involving excavation of the Bronze Age and Early Medieval remains, and subsequent analysis and publication to an appropriate standard. Likewise, this should include reference to agreement with Manx National Heritage on the exact extant of areas of targeted investigation, whilst further noting that the quality of fieldwork, analysis and publication will be further guaranteed by the requirement for the applicant to gain a license to excavate under the terms of the Manx Museum and National Trust Act.
7.7 HIGHWAYS IMPACTS AND PARKING 7.7.1 The submission is accompanied by a Transport Assessment (TA) has been undertaken by i-Transport as further detailed at Chapter 8 of the Environmental Statement and associated appendices. A Framework Travel Plan (FTP) has also been prepared and included as an appendix.
7.7.2 A Transport Assessment Addendum has also been provided in the submitted Environmental Statement Addendum to update the conclusions of the original Assessment in light of the scheme changes and also respond to the highways and transport comments received to date from Highways Services.
7.7.3 The assessment considers that the application site lies in an accessible location and can be reached by sustainable transport modes including buses and walking and cycling from near- by residential areas and Douglas town centre.
7.7.4 The proposals include the creation of a new vehicular access is proposed off Braddan Road, with the proposed layout including a number of pedestrian and cycle paths via the main access, to the north-east of the site to Braddan Road, to the east to Brecken Bank and Hollin
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Bank and south to Peel Road to connect to the Heritage Trail. The assessment concludes that the vehicular and pedestrian access proposals are appropriate to serve the proposed development.
7.7.5 As required by the site's Development Brief, the proposed site layout has been designed to ensure that it could accommodate a bus route through the site should this be required in the future.
7.7.6 With regard to the developments traffic impacts, the assessment considers that the likely traffic impacts from the proposals will be moderate with some instances of increased driver delays.
7.7.7 However, the Environmental Statement concludes that the existing highways infrastructure is capable of accommodating the traffic flows from the proposed development without any significant network upgrades, and required mitigation works are limited to improving pedestrian/cycle and bus access.
7.7.8 A Framework Travel Plan (FTP) has been prepared and submitted with the application in an effort to promote sustainable travel to the proposed development among new residents, potential visitors and employees.
7.7.9 The Environmental Statement considers that the proposed development will maximise opportunities for sustainable travel, and is acceptable in terms of its highway impact and that suitable and safe provision can be made for road access, and therefore the development is acceptable with respect to highways and transport infrastructure matters.
7.7.10 Highways Services have reviewed the proposals and consider that the supplementary modelling further identifies that the proposal would not cause detrimental harm to the adjoining highway network. Additionally, that the creation of a single main vehicle access point is adequate in vehicle capacity terms to serve the proposed quantum of development.
7.7.11 Likewise, Highways Services accepted the conclusions drawn by the applicant's highways consultants that the trips associated with the proposed retail units would not further increase the level of traffic generated overall given the reduction in the number of dwellings, with the retail unit trips represent a low level of increase. These are unlikely to be perceptible within the day to day traffic movements associated with the proposal and to have an immaterial impact on the operation of the highway network. The changes to the highway network result in minor enhancements to the performance of the network by slightly reducing travel time and increasing average vehicle speed when compared to the original assessment. The inclusion of 'Keep Clear' road markings on Braddan Road on the southbound carriageway in the vicinity proposed site access much reduces the delay for vehicles exiting the site.
7.7.12 Highways have also clarified that the submitted gradients are in accordance with the requirements set out within the Manual for Manx Roads, however shallower gradients are preferred always for pedestrians, cyclists and driveways and this should be considered at detailed design stage.
7.7.13 It is further acknowledged by Highways Services that the Applicants and Department for Education, Sport and Culture would not be able to deliver the previously requested link to Ballafletcher Road since the land is outside the red line and not in their control. Accordingly, the previously requested planning condition for the delivery of such a link in Highways' previous response has been omitted. Highways remains of the view that this link is essential for accessibility and connectivity of the school, but not traffic capacity which has been demonstrated as operationally possible through a single access from Braddan Road.
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7.7.14 Notwithstanding the above however, further details of the school site's access, parking, turning, servicing and operation would be necessary to confirm safe and practical usage. Such detail would form part of a future reserved matters application in relation to the school site.
7.7.15 Highways Services consider that, from the additional modelling analysis, and clarification, the proposal remains satisfactory in highway terms to raise no opposition with planning conditions requested and on and off-site mitigations.
7.8 AFFORDABLE HOUSING 7.8.1 Housing Policy 5 of the Strategic Plan indicates that the Planning Authority will normally require that 25% of provision should be made up of affordable housing which will apply to developments of 8 dwellings or more. A Section 13 Legal Agreement would need to be entered into by the applicant and the Department to ensure the affordable housing is provided. The submission notes that a total of 80 dwellings (25% of 320) would be provided as affordable housing, which includes a mix of 2 and 3-bed properties as requested by the Public Estates and Housing Division following pre-application discussions with the applicant. Such provision is therefore considered to be acceptable and meets the requirements of Housing Policy 5.
7.9 DRAINAGE AND FLOODING 7.9.1 A Flood Risk and Drainage Assessment has been undertaken by BB Consulting as detailed at Chapter 7 of the Environmental Statement and associated appendices. It demonstrates and considers that the main development site is not identified as an area at risk of fluvial or tidal flooding and the proposed development will not cause flooding elsewhere.
7.9.2 As per the original scheme, the proposed surface water drainage system will include surface water attenuation to ensure than surface water flows replicate the existing flow characteristics of the site and will therefore not exacerbate off-site flooding. Likewise in terms of the foul drainage, the key principle of the strategy is that following implementation of the scheme no additional stress would be placed onto the existing Douglas foul sewer network.
7.9.3 In particular, following the request for further information from Highways Drainage, the applicant has provided the following subsequent information:
"All road gullies will be in accordance with the requirements of section 11.3 of "Manual for Manx Roads". Plans have now been provided which demonstrate the spacing of the road gullies, noting the gully locations, impermeable areas draining to those gullies and road gradients in compliance with Table 11.2 of MfMR, whilst clarifying that this layout is for the purposes of planning approval and will be fully reviewed as part on any detailed design as part of any future S4 agreements. The submitted plans also indicate the location of driveway drainage channels that would prevent any surface water run off on to the estate roads. These channels would be part of the private drainage system serving each dwelling.
As part of the revised plans the SW water drainage in this area has been revisited. It is now proposed to upgrade the Highway Drain in Braddan Road, from the outlet into the River Dhoo to the site entrance, to a standard acceptable for adoption by the MUA. The MUA are in agreement to this proposal, subject to survey of the existing highway drain and conformation of works required to bring this up to an adoptable standard. This proposal now removes the need for any pipework to be considered for adoption as a highway drain.
A survey of this Highway drain has been commissioned and is currently being undertaken with further commentary to be provided on this in due course. It is also confirmed that consultation has been undertaken with Manx Utilities and their modellers in the design of the surface water drainage systems for the development to ensure the design satisfies the requirements of DMRB CG 501.
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It is the applicant's intention to enter into a Section 8 agreement with the MUA for the adoption of the both the Foul and Surface water drainage systems serving the development. Therefore the applicant is not be looking to provide a highways only drainage system on this development. A solution to remove attenuation crates from beneath the highway has now been found, which will require further agreement with the highways asset management team. Details of this have now been provided, including requested details of the proposed culvert beneath the estate road which will act as an overflow for the natural water feature."
7.9.4 Following review of the additional information provided, Highways Drainage have confirmed that the proposals are now satisfactory, whilst requesting that details of the upgraded highway drain in Braddan Road be agreed with the Department by condition, prior to the commencement of works.
7.9.5 Flood Risk Management have also confirmed that they do not oppose the scheme subject to confirmation that Manx Utilities are satisfied with the proposed attenuation arrangements. In this respect, Manx Utilities have reviewed the additional information and modelling provided, and consider that the proposals are now acceptable with respect to foul drainage and surface water discharge.
8.0 CONCLUSION 8.1 The application site is identified for development and the proposal is judged to comply with the site allocation and development brief referenced; Residential Proposal 1 in the Area Plan for the East. As such, it is considered the proposal would not have any significant adverse impacts upon public or private amenities and would therefore comply with Strategic Policies 1,2,3,4,5,10,11, Spatial Policy 3, General Policies 2&4, Environment Policies 3- 5,10,14,22,24,41,42; Housing Policies 1-6; Business Policy 10; Recreation Policies 3&4; Community Policies 1,2,5,7,10,11; Transport Policies 1-4,6,7; Infrastructure Policies 1&5 and Energy Policy 5 of the Isle of Man Strategic Plan 2016, relevant policies of the Area Plan for the East 2020 and the Residential Design Guide 2021. It is recommended that the planning application be approved for the reasons contained within this report, subject to the completion of a Section 13 Legal Agreement and the attached of condition listed to any forthcoming decision notice.
9.0 INTERESTED PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
9.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status
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9.3 The Department of Environment Food and Agriculture (DEFA) is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Committee Meeting Date: 24.07.2023
Signed : T COWELL Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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PLANNING COMMITTEE DECISION 24.07.2023
Application No 22/00675/B Applicant Hartford Homes Proposal Full approval for a residential development comprising up to 320 dwellings, a nursery and a neighbourhood centre with associated highway and pedestrian/cycle access and infrastructure, drainage, landscaping and public open space together with approval in principle for a 2-form entry primary school and associated access/infrastructure Site Address Fields And Part Fields 524202, 524978, 524930, 524765, 524224, 524225 & 524226 Land East Of Braddan Road Braddan Isle Of Man IM2 2RA
Planning Officer Mr Toby Cowell Presenting Officer As above
Addendum to the Officer Report
At the Committee's consideration 19th June the Case Officer revised their original conditions as recommended as follows
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
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Reason: To ensure the sustainable travel options are undertaken as proposed.
And added a new condition
Reason: In order to prevent flooding on the highway.
The case officer further updated the Members with regard to IPS, confirming that 35 and 37 Hollin Bank be accorded IPS, but the residents of Ballaglass, Beechbrook and Brook House, Quarterbridge were still not recommended to be accorded IPS. He confirmed that there were no further amendments to his initial recommendation regarding IPS.
At the end of its discussion the Committee determined to conduct a site visit.
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