25 January 2024 · Planning Committee
Land Adjacent To Bretney Estate, West Loughan, Jurby, Isle Of Man, IM7 3bn
The proposal involves building 73 homes of various types (2-4 bed bungalows, semis, terraces) at a density of 16.22 dwellings/ha on flat grassland fields east of Jurby village, extending an approved Phase 1 scheme of 23 dwellings.
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The principle of residential development is acceptable as the site is designated 'Areas of Predominately Residential Use - Proposed' under IOM Development Plan 1982, within Jurby Service Village (Spat…
Strategic Policy 1
Requires optimising use of land, efficient sites with access/landscaping/amenity, utilising infrastructure. Officer assessed site as sustainable urban extension to Service Village using existing services, complying via layout/open space.
Strategic Policy 2 - Priority for new development to identified towns and villages
Directs development to towns/villages or sustainable extensions. Site in Jurby Service Village with prior Phase 1 approval supports this.
Spatial Policy 5
Requires positive environmental contribution, Design Statement. Varied house types, low density (16.2/ha), landscaping/heat pumps/solar PV achieve high design standards.
Strategic Policy 10
Promotes integrated transport minimising car journeys. Travel Plan, pedestrian links, bus proximity, cycle parking comply.
Strategic Policy 3 - To respect the character of our towns and villages
Service Villages like Jurby for housing to meet local needs. Site extends settlement, supports regeneration.
General Policy 2
Permits zoned development respecting site/surroundings, amenities, highways, ecology, services. No adverse impacts on character, privacy (20m+ separations), highways, ecology with conditions.
Environment Policy 4
Protects species/habitats. MWT appraisal identifies lizards; mitigation (hibernaculum, boxes, fencing) secured by conditions.
Environment Policy 5
Mitigate unavoidable ecological damage. Conditions for CEMP, habitat creation/maintenance, lighting minimise disturbance.
Environment Policy 42
Design to local character, no inappropriate backland/loss of green space. Low-density layout, retained sod banks/hedges, open space preserve edge-of-village feel.
Housing Policy 1
Provide 6000 dwellings to 2016. Contributes to North/West need.
Housing Policy 4
Housing in towns/villages/extensions. Zoned site in Service Village acceptable.
Housing Policy 5
25% affordable for 8+ dwellings. 18 units (24.6%) proposed, S13 secures.
Housing Policy 6
Zoned residential per Area Plan brief. Follows Phase 1 pattern.
Recreation Policy 3
10+ dwellings provide landscaped amenity per Appendix 6. 6,095m² open space with play/amenity meets standards.
Community Policy 10
Fire access/water. Initial objection withdrawn pending water main; condition could secure if needed.
Transport Policy 1
Near public transport. 150-250m to bus stops, pedestrian links.
Transport Policy 7
Parking per standards. 146+ spaces (2/unit min).
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Approved plans, visibility splays, estate roads, parking, cycle parking, Travel Plan
The development, hereby permitted, shall be carried out in accordance with the following: i. The layout...shall accord with...Site Plan drawings Nos. 55A and 56A. ii. All Visibility Splays... iii. No dwelling shall be occupied until the estate road... iv. Prior to occupation...2 car parking spaces... v. Prior to commencement...details of all cycle parking... vi. Travel Plan...implemented...
Landscaping scheme
All planting, seeding or turfing...in the approved details of landscaping (Drawing Nos. 2117-20-100 S3 REV F...& 2117-20-101 S3 REV D...) must be carried out...Details of hard landscaping...prior to first occupation.
Tree retention
No retained tree shall be cut down...during development...or within 5 years...notify Department if defective.
Tree protection installation
Prior to commencement...protection measures...Outline Tree Protection (Drawing No. OTP-150622)...retained for duration.
Construction Exclusion Zone
Within the CEZ...nothing stored...no excavations...no contaminating materials...maintained until complete.
Lizard mitigation
The mitigation for common lizards...as detailed in section 5.1 - Table 3 and Table 4 of the 'Ballagaraghyn Farm - Preliminary Ecological Appraisal- April, 2021', shall be fully adhered to.
Lizard hibernaculum details
Prior to commencement...details of proposed lizard hibernaculm...submitted...constructed...retained.
Ecological management plan
Prior to commencement...New Technical Note...long term maintenance...Preliminary Ecological Appraisal...Habitat...Ecological Impact and Common Lizards Mitigation...site maintained accordingly.
Wildlife mitigation details
Prior to commencement...details...house martin and collared dove external boxes and hedgehog friendly fencing...on updated site plan...provided prior to first occupation...retained.
External lighting
Prior to construction above ground floor...details of street lighting and external lighting...submitted...installed prior to occupation...retained.
No opposition subject to conditions for layout, visibility splays, parking, cycle parking, Travel Plan
Satisfied with proposal following additional plans
Do not object
Suitable assessment undertaken, content with mitigation subject to conditions for landscaping, habitat management, wildlife measures, CEMP, lighting
Request S13 for 25% affordable housing (applicant proposing 26%)
Tree protection measures in place, recommend conditions
DEFA Biodiversity provided conditional no objection pending detailed ecological mitigation, CEMP, and lighting plans; DOI Highways raised no opposition subject to highway conditions; DOI Public Estates and Housing requested a Section 13 Agreement for 25% affordable housing; other consultees had no objections or deferred.
Key concern: detailed habitat mitigation plans and CEMP required before any works commence
DEFA Biodiversity
Conditional No Objection"The Ecosystem Policy Team can confirm that the Manx Wildlife Trust's (MWT) Preliminary Ecological Appraisal Report (PEAR) dated April 2021, and their Technical Note: Biodiversity Metric and Ecological Mitigation Plan for Ballagarraghyn dated June 2022, are all in order"; "we would like to see more details about how these features are to be created and maintained"; "some of the built in bird boxes need to be changed from the type suitable for small birds and swifts, to boxes suitable for house martins and collared dove. 4 of each is advised"
Conditions requested: landscaping to be undertaken as per Detailed Landscape Proposals Sheets 1 and 2; no works unless habitat mitigation plan provided and approved in writing, containing plans and timescales for meadow, mixed scrub thicket and woodland planting, species rich grassland/wildflower seeded areas, community orchard, and common lizard hibernaculum; community orchard, meadow, thicket planting and selective tree planting to be undertaken in first planting season following approval; ongoing management via S13 Agreement; updated site plan provided and approved in writing containing details of mitigation measures including bee bricks, bat boxes, bird boxes, barn owl box location, hedgehog fencing; development to accord with approved details; no works unless Construction Environmental Management Plan (CEMP) provided and approved in writing, incorporating invasive species removal, working methods for protected species, protective measures for boundaries/trees, lighting measures, pollution prevention; no permanent lighting unless sensitive low level lighting plan submitted and approved following Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8 on Bats and Artificial Lighting (12th September 2018)
DOI Highways Development Control
Conditional No Objection"the proposal is acceptable in highway terms. Accordingly, Highway Services raise no opposition to this proposal subject to conditions"; "Recommendation: DNOC"
Conditions requested: Layout, including the street layout, on-plot pedestrian and vehicle areas to accord with drawings 55 and 56; Visibility Splays to named drawing Proposed Site Layout- Internal Junction Visibility within i-Transport's Transport Statement; Parking space retention; Further details to be submitted for approval: cycle parking for no-garaged plots; Travel Plan hereby approved shall be implemented in accordance with the measures set out therein. Within three months of the first survey, evidence of the implementation of measures set out in the Travel Plan shall be prepared, submitted to and agreed in writing with Planning unless alternative timescales are agreed in writing
DOI Public Estates and Housing Division
Conditional No Objectionthe 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
Conditions requested: requirement to enter into a Section 13 Agreement to provide affordable housing at 25% of units approved (six 2B dwellings identified equating to 26%)
DOI Flood Risk Management
No ObjectionDNO
Manx Utilities
No CommentPlease may we request a deferral for the above planning application as Manx Utilities are currently reviewing the drainage provisions within the Jurby catchment.
DEFA Ecosystem Policy Team
No CommentPlease note the Ecosystem Policy Team's interest in this application and intention to provide a more thorough response. However, we require further time to review the provided documentation.
