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                                      22/01133/B                                     Page  1  of  26

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. 22/01133/B Applicant : Hartford Homes Ltd Proposal Erection of 73 dwellings with associated access, parking, open space and landscaping Site Address Fields 210401, 210403, 210451 & 210 Ballagarraghyn Bretney Road Jurby IM7 3ES

Case Officer :

Mr Hamish Laird Photo Taken :

01.06.2023 Site Visit :

01.06.2023 Expected Decision Level Planning Committee

Recommendation

Recommended Decision: Approve subject to Legal Agreement Date of Recommendation 31.07.2023

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. The development hereby approved 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. The development, hereby permitted, shall be carried out in accordance with the following: i. The layout, including the street layout, on-plot pedestrian parking and vehicle turning areas, hereby permitted, shall to accord with the details outlined on the approved Site Plan drawings Nos. 55 and 56. ii. All Visibility Splays shall be laid out in accordance with the details outlined on the approved Site Plan drawings Nos. 55 and 56 - Proposed Site Layout, with Internal Junction Visibility to accord with Section I in the submitted Transport Statement dated 2nd August, 2022. Such splays shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level. iii. No dwelling shall be occupied until the estate road from the junction of the adopted highway to the access of that dwelling has been constructed at least to base course level and lighting has been provided. iv. Prior to the occupation of any dwelling 2 car parking spaces associated with that dwelling as shown on the approved Site Plan drawings Nos. 55 and 56, shall be provided. All parking spaces serving the dwellings hereby permitted, shall be retained for the parking of vehicles throughout the lifetime of the development. v. Prior to the commencement of the development, hereby permitted, full details of all cycle parking for non-garaged plots, shall be submitted to DEFA Planning, and approved in writing. The cycle parking details shall be carried out as approved prior to the first occupation

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of each dwelling on the development, and shall thereafter, be retained and maintained for the lifetime of the development. vi. 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 DEFA Planning unless alternative timescales are agreed in writing.

Reason: In the interests of highway safety i), ii) and iii); to ensure that sufficient vehicle and cycle parking provision is provided to serve the development iv) and v); and, to evaluate the measures as implemented in the approved Travel Plan vi).

C 3. All planting, seeding or turfing comprised in the approved details of landscaping (Drawing Nos. 2117-20-100 S3 REV F - Sheet 1 of 1 & 2117-20-100 S3 REV D - Sheet 2 of 2) must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the last dwelling, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing materials and fences/walls shall be completed in full accordance with the approved details (Drawing Nos. 2117-20-100 S3 REV F - Sheet 1 of 1 & 2117-20-100 S3 REV D - Sheet 2 of 2) prior to the first occupation of the dwelling/s hereby permitted.

Reason: To ensure the provision of an appropriate landscape setting to the development.

C 4. No retained tree shall be cut down, uprooted, destroyed or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, 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: Required to safeguard and enhance the character and amenity of the area, to provide ecological, environmental and bio-diversity benefits and to maximise the quality and usability of open spaces within the development, and to enhance its setting within the immediate locality.

C 5. Prior to the commencement of the development hereby approved, the protection measures detailed in the drawing entitled Outline Tree Protection (Drawing No. OTP-150622), submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process, unless stated otherwise.

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 6. Within the Construction Exclusion Zone (CEZ) identified on the drawing entitled Outline Tree Protection (Drawing No. OTP-150622), nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit, without prior written consent of the Department. The CEZ implemented in accordance with this condition shall be maintained in position until the development is complete.

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.

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C 7. 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.

Reason: To provide adequate safeguards for the ecological species existing on the site.

C 8. Prior to the commencement of the development hereby approved, details of the proposed lizard hibernaculm as shown in the Detailed Landscape proposals shall be submitted to and approved in writing, including timescale for its construction and for seeding of the surrounding area. The hibernaculm shall be constructed in accordance with the approved details and retained as such thereafter.

Reason: To ensure that adequate ecological mitigation and enhancement is provided and maintained.

C 9. Prior to the commencement of the development hereby approved, details shall be submitted to and approved in writing by the Department which set out the long term maintenance and management of the open space and landscaped areas, taking into account the Preliminary Ecological Appraisal dated April 2021, Technical Note: Habitat' dated February 2021 and Notes: Ecological Impact and Common Lizards Mitigation' dated March 2021 (including provision for the area shown on the Detailed Landscape Proposals as "Species Rich Grassland/Wildflower Seeded Areas" which contains the hibernaculm to be cut in early September and again in winter, on a rotational basis to maintain structural diversity for lizards and suitable habitat year-round). The site shall be maintained in accordance with the approved details.

Reason: To ensure that adequate ecological mitigation and enhancement is provided and maintained.

C 10. Prior to the commencement of the development, hereby permitted, all details proposed for wildlife mitigation, including house martin and collared dove, external boxes and hedgehog friendly fencing, shall be shown on an updated site plan, which shall be approved in writing by DEFA Planning. Subsequently, prior to the first occupation of any dwelling these measures shall be provided in accordance with the agreed details, and shall thereafter be permanently retained and maintained.

Reason: To ensure that adequate ecological mitigation and enhancement is provided and maintained.

C 11. Prior to the construction of any of the development, hereby permitted, above finished ground floor level, all details of street lighting and any external lighting to be applied to the buildings surfaces or at ground level around the site shall be submitted to and approved in writing by DEFA Planning. Any such lighting shall be installed prior to the development being first occupied and shall thereafter be retained and maintained at all times.

Reason: To minimise the impact of the development on Bats, Birds and any other Protected Species and safeguard the rural character and amenities of the area including minimising the impact of the development on the rural night sky.

N 1. FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.

You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.

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To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.

This application has been recommended for approval for the following reason. The principle of the development is in accordance with the land use designation and the wider policy framework which supports investment in this area. It is considered the proposal would not have any significant adverse impacts upon public or private amenities and would therefore comply with Strategic Policy 1, 2, 5 & 10, Spatial Policy 3, General Policy 2 , Environment Policy 4, 5 & 42, Housing Policy 1, 4, 5 & 6, Recreation Policy 3, 4 & 5, Community Policy 10 & 11, Transport Policy 1, 2, 4, 5, 6 & 7, Energy Policy 5 of the IOM Strategic Plan 2016 and Residential Design Guide 2021.

Plans/Drawings/Information;

The development, hereby permitted, shall be carried out strictly in accordance with the following approved drawings, plans and details:

Hartford Homes Design & Access Statement - dated 7 September, 2022; Delta Planning Statement - Phase 2 - September, 2022; Transport - Transport Statement - by I Transport, dated 2 August 2022; Transport - Travel Plan - by I Transport, dated 2 August 2022; BB Consulting Phase 2 Planning Statement Relating to Drainage and Flooding; Arboricultural Impact Assessment to BS 5837:2012 - Proposal for Phase 2 of Residential Development - Ballagarraghyn Farm, Jurby - by Manx Manx Roots Tree Management - BS 5837:2012 Tree Survey and Report Ref: CDG-2021; Outline tree Protection Plan - Drawing No. OTP-150622 by Manx Roots Tree Management; Ballagaraghyn Farm Preliminary Ecological Appraisal dated April 2021 - by Manx Wildlife Trust Consultancy; Manx Wildlife Trust Biodiversity Metric and Ecological Mitigation Plan; Material Economic Information - received 8 February, 2023; Hart 15-50 Location Plan; Hart 15-51 Existing Site Plan ; Hart 15-52 Existing Survey Sheet 1 of 2; Hart 15-53 Existing Survey Sheet 2 of 2; Hart 15-54 Master Plan including Phase 1 (ref:21/00278/); Hart 15 - 55 Rev A Proposed Site Plan Sheet 1 of 2 - received 2 August, 2023; Hart 15 - 56 Rev A Proposed Site Plan Sheet 2 of 2 - received 2 August, 2023; Hart 15-57 Fenced Play Area Layout; Hart 15-58 Fencing Plan Sheet 1 of 2; Hart 15-59 Fencing Plan Sheet 2 of ;2 Hart 15-60 Section 13 Agreement; Hart 15-61 Accessibility Plan; Hart 15-62 Street Elevations Sheet 1 of 2; Hart 15-63 Street Elevations Sheet 2 of 2; Hart 15-64 House Types Cgis; Hart 15 - Schedule of Heat Pumps - received 2 August, 2023;

Hart 15 - 65 Rev A Type F Plots 1, 47, 49, 54 & 63 - received 2 August, 2023; Hart 15 - 66 Rev A Type B Plots 2, 3 & 4 - received 2 August, 2023; Hart 15 - 67 Rev A Type C Plots 5, 6, 7, 68, 69, 70 - received 2 August, 2023; Hart 15 - 68 Rev A Type D Plots 8, 9, 10, 11, 20, 21, 22, 23, 30, 31, 40, 41, 42, 43 - received 2 August, 2023; Hart 15 - 69 Rev A Type A Plots 12 & 13 - received 2 August, 2023;

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Hart 15 - 70 Rev A Type A Plots 14, 15, 16, 17, 18 & 19 - received 2 August, 2023; Hart 15 - 71 Rev A Type D Plots 24, 25 & 26 - received 2 August, 2023; Hart 15 - 72 Rev A Type D Plots 27, 28, 29, 71, 72 & 73 - received 2 August, 2023; Hart 15 - 73 Rev A Type G Plots 51, 52, 53, 65, 66 & 67 - received 2 August, 2023; Hart 15 - 74 Rev A Type D/E Plots 32, 33, 55 & 56 - received 2 August, 2023; Hart 15 - 75 Rev A Type B Plots 44 & 45 - received 2 August, 2023; Hart 15 - 76 Rev A Type F Plots 46, 47, 48, 50, 62 & 64 - received 2 August, 2023; Hart 15 - 77 Rev A Type A Plots 60 & 61 - received 2 August, 2023; Hart 15 - 78 Rev A Type A Plots 57, 58 & 59 - received 2 August, 2023; Hart 15 - 79 Rev A Type C Plots 34, 35, 36, 37, 38 & 39 - received 2 August, 2023;

2117-20-100F Detailed Landscape Proposal Sheet 1 of 2; 2117-20-101D Detailed landscape Proposal Sheet 2 of 2; 21-013-10 Proposed Drainage Phase 2 Offsite Drainage; 21-013-11 Proposed Drainage Phase 2 Site Plan;

All as date-stamped received 27 September, 2022, unless otherwise stated.

Reasons for Refusal

R : Reasons for Refusal O : Notes attached to reasons

__

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 which relate to planning considerations: DOI Flood Management; DOI Estates and Housing; and, MUA Drainage; __

Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS A SECTION 13 LEGAL AGREEMENT IS REQUIRED FOR AFFORDABLE HOUSING AND PUBLIC OPEN SPACE

1.0 THE APPLICATION SITE 1.1 The application site comprises a parcel of undeveloped land within Field Nos. 210401, 210403, 210451 & 210408 which are located on the southern side of the Bretney Road (B3) which is east of The Bretney housing estate and Jurby Village. To the north-west of the site is Ballagarraghyn Farm. To the south of the site are agricultural fields. The general character of the site is flat land, made up of grassland, although the land area immediately to the south and west of Ballagarraghyn Farm, comprises 2 No. farm buildings, a grassed paddock screened by hedging and mature trees. The boundaries of the site are generally made up of Manx sod banks with gorse planting above at a height of approximately 1.5m to 2m+. Views into the site from the Bretney Road are generally screened due to the above landscape features.

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2.0 THE PROPOSAL 2.1 The application seeks approval for the erection of 73 dwellings, 18 of which are affordable housing, with associated access, parking, open space and landscaping. The application site area measures approx. 4.5 ha and this would equate to site coverage ratio of 16.22 dwellings/ha. There is a mixture of housing types ranging from semi-detached bungalows, two storey terraces, two storey semi-detached and two storey detached properties. The properties are sited either side of the spine road running through the site on a NE - SW axis and generally follow the boundaries of the site with the 13 of the dwellings adjoining the previously approved development on adjoining land (PA 21/00278/B Phase 1 - for 23 dwellings) immediately to the North-West of the site. The nearest part of this site is approximately 250m from the bus stop to the west, located adjacent to Bretney Close. The site is approximately 150 m from the bus stop to the west, located adjacent to Bretney Close. A total of 6,095 square metres of Public Open Space has been provided for on the site, split between one main area at the eats of the site comprising Field No. 210408; and, 2 No. smaller areas - the first located immediately to the south and west of Ballagarraghyn Farm, and, the other centrally located within the development and adjoining the SW site boundary. These areas will fulfil a variety of functions, including formal open space, children's play space and amenity land.

The proposed House types are:

House Type

  Number

Type A 2-bed bungalow

13 Type B 2-bed dwelling

5 Type C 2-bed affordable dwelling

12 Type D 3-bed dwelling

24 Type E 3-bed corner dwelling

3

Type F 4-bed dwelling

10 Type G 3-bed affordable dwelling

6

          Total

      73

2.2 The proposed dwellings would be accessed via the new vehicular access directly off the Bretney Road, which abuts part of the northern site boundary adjacent to Ballagarraghyn Farm. This access has previously been approved by PA 21/00278/B.

2.3 Part of the application submission includes a masterplan which also demonstrates how the Phase 1 development on land to the west would relate to that now proposed for additional housing. The land in question also includes the demolition of Ballagarraghyn Farm holding, although the farmhouse is proposed to be retained. This Masterplan area would utilise the same access and estate road that is current being considered. The Masterplan area reflects the proposed Phase 2 site layout and is for consideration at this stage.

2.4 Amended plans received on 2 August, 2023, show the type and positioning of the proposed Air Source Heat Pumps to serve each dwelling. This is in addition to the attachment to each dwelling of Solar PV Panels to their favourably oriented roofslopes to achieve maximum solar gain.

3.0 PLANNING HISTORY 3.1 There is one previous planning applications which are considered relevant in association with this site. PA 21/00278/B - Permitted the erection of 23 dwellings with associated access, parking, open space and landscaping. This was permitted by the Planning Committee at its 14/3/2022, Meeting subject to a S13 Agreement (signed 1/9/22) which secured the provision of the Affordable Housing Units and the implementation and establishment of the amenity areas. Decision Notice dated 2/9/22.

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There are two planning applications with Jurby Village which are considered relevant in the determination of this application-

3.2 Erection of 21 dwellings with associated parking, landscaping, and amenities - 20/01516/B - Bretney Infill Housing Development/Parade Grounds - APPROVED 04.11.2021.

3.3 Variation of conditions 1 and 2 of PA 18/00763/A, Approval in principle for the construction of five dwellings addressing means of access, to extend the period of permission by two years - Part Field 214287, The Threshold - 21/00408/B - APPROVED

3.4 Approval in principle for the construction of five dwellings addressing means of access - Part Field 214287, The Threshold - 18/00763/A - APPROVED

4.0 PLANNING POLICY 4.1 Site Designation 4.1.1 In terms of Local Plan policy, the application site falls within an area designated as 'Proposed Residential' under the IOM Development Order 1982. The site is not within an area designated as 'Areas of High Landscaped or Costal Value and Scenic Significance'. The site is not within a Conservation Area. The site is all designated as 'Proposed Residential' under the IOM Development Order 1982. It is noted that a registered pillbox is located some 125m along the Bretney Road to the west. Registered buildings are deemed to have special architectural or historical interest and should be protected from demolition or unsympathetic alteration.

4.2 Strategic Plan 4.2.1 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application.

4.2.2 Strategic Policy 1 states - 'Development should make the best use of resources by- (a) optimising the use of previously developed land, redundant buildings, unused and under- used land and buildings, and re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services.'

4.2.3 Strategic Policy 2 states - 'New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3.'

4.2.4 Strategic Policy 5 states - 'New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies.'

4.2.5 Strategic Policy 10 states- 'New development should be located and designed such as to promote a more integrated transport network with the aim to- (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement'

4.2.6 Spatial Policy 3- 'The following villages are identified as Service Villages o Laxey o Jurby o Andreas

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o Kirk Michael o St Johns o Foxdale o Port St Mary o Ballasalla o Union Mills Area Plans will define the development boundaries of such villages so as to maintain and where appropriate increase employment opportunities. Housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing.'

4.2.7 General Policy 2 states - 'Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development- (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption.'

4.2.8 Environment Policy 1 states- 'The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative.'

4.2.9 Environment Policy 4 states- 'Development will not be permitted which would adversely affect- (a) species and habitats of international importance- (i) protected species of international importance or their habitats; or (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites.

(b) species and habitats of national importance- (i) protected species of national importance or their habitats; (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or (iii) Marine Nature Reserves; or (iv) National Trust Land.

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(c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats. Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward.'

4.2.10 Environment Policy 5 states - 'In exceptional circumstances where development is allowed which could adversely affect a site recognised under Environmental Policy 4, conditions will be imposed and/or Planning Agreements sought to- (a) minimise disturbance; (b) conserve and manage its ecological interest as far as possible; and (c) where damage is unavoidable, provide new or replacement habitats so that the loss to the total ecological resource is mitigated.'

4.2.11 Environment Policy 42 states- 'New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans.'

4.2.12 Housing Policy 1 states- 'The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 6000 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2001 to 2016.'

4.2.13 Housing Policy 4 states- 'New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans- otherwise new housing will be permitted in the countryside only in the following exceptional circumstances- (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14.'

4.2.14 Housing Policy 5 states- 'In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more.'

4.2.15 Housing Policy 6 states- 'Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive.'

4.2.16 Recreation Policy 2 states- 'Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances-

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(a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and (b) where there would be an overall community gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area.'

4.2.17 Recreation Policy 3 states- 'Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan.'

4.2.18 Recreation Policy 4- Open Space must be provided on site or conveniently close to the development which it is intended to serve, and should be easily accessible by foot and public transport.

4.2.19 Community Policy 10 states- 'Proposals for the layout and development of land will be permitted only where there is provided proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes.'

4.2.20 Community Policy 11 states- 'The design and use of all new buildings and of extensions to existing buildings must, as far as is reasonable and practicable, pay due regard to best practice such as to prevent the outbreak and spread of fire.'

4.2.21 Transport Policy 1 states- 'New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes.'

4.2.22 Transport Policy 2 states- 'The layout of development should, where appropriate, make provision for new bus, pedestrian and cycle routes, including linking into existing systems.'

4.2.23 Transport Policy 4 states- 'The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan.'

4.2.24Transport Policy 5 states- 'Any improvements to the Island's highway network, including the provision of new roads, footpaths, and cycle routes, should be undertaken in accordance with the environmental objectives of this plan.'

4.2.25 Transport Policy 6 states- 'In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users.'

4.2.26 Transport Policy 7 states- 'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.'

4.2.27 Energy Policy 5 states- 'The Department will prepare a Planning Policy Statement on Energy Efficiency. Pending the preparation and adoption of that PPS the Department will require proposals for more than 5 dwellings or 100 square metres of other development to be accompanied by an Energy Impact Assessment.'

4.3 RESIDENTIAL DESIGN GUIDE 2021 4.3.1 The design guide sets out various elements that relate to new houses and are relevant to this application.

4.4 AREA PLAN FOR THE NORTH AND WEST - PRELIMINARY PUBLICITY

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4.4.1 The Cabinet Office has undertaken a Preliminary Publicity which outline matters that the Cabinet Office would like to address in detail within the Area Plan and gives individuals the opportunity to comment at an early stage on these outline matters. Part of this the Cabinet Office has produce a Housing Need study which provides evidence of the housing need within the north and west of the Island between 2011 and 2035. This concludes that-

'9.1 Housing need for the North and West from 2011 to 2026 will be based on the Strategic Plan 2016, but will take into account the population projection modelling and consequences for housing need revealed by the 2016 Interim Census.

9.2 It is recognised that it takes time to process new Census data and make new projections, and whilst the 2021 Census is imminent, population projection findings will not be available until Spring/Summer 2022. The Plan can progress on data available now; it is important to put potential sites through an assessment process, examining them at public inquiry where necessary with a plan to be able to bring sites forward via a methodology.

9.3 The updated housing need data suggests that 950 new residential units between 2011 and 2026 are required.

9.4 The evidence suggests that when taking 2016 Census into account, housing need has been met in the North and West. However, strategic reserves may need to be identified to build in flexibility to meet the need identified within the Strategic Plan. If appropriate, these figures will be reviewed in the light of the 2021 Census figures, prior to the Public Inquiry for the Area Plan for the North and West.

9.5 It is accepted that migration is increasing albeit affected in the short term by Covid-19 restrictions. Ongoing monitoring of migration will continue and greater insight will be revealed by the 2021 Census and as lockdown restrictions are eased.

9.6 The questioning of housing need figures in the Statutory Development Plan following the publication of new survey data is accepted in the normal process of delivering a new area plan. New data will naturally bring into question statutory housing need figures, and presents an opportunity for a 'sense check' approach.

9.7 The North and West Plan will be drafted to be in conformity with the Strategic Plan. Whilst there may not be housing need in the immediate future, there could be in the years ahead which will be planned-in using Strategic Reserve sites.

9.8 The Strategic Plan is due to be reviewed - starting in 2022 but will not be brought before Tynwald until 2023. Housing need for the North and West set out in this Plan (along with the East and South) will be the basis for an All Island Plan. 19 9.3 Finally, when preparing the Draft Area Plan for the North and West, the Strategic Plan figures 2016 will be relied upon but a system of phasing sites will be deployed through the use of Development Briefs and if where necessary, the use of Strategic Reserves. A methodology for release will be included in the Plan for when 'need' is evident and all of the necessary infrastructure is in place.'

4.5 Island Strategic Plan North Western Sector Written Statement - Planning Circular 11/91.

4.5.1 Further details of this will be explained within the assessment section of this report.

4.6 Jurby Village Study 4.6.1 This study was prepared following the Island Strategic Plan Sector E Plan and Written Statement which was adopted by the Department as a Planning Circular 11/91 (in 1991 no longer in force had a limited timescale). This document sought that a further detailed study be undertaken to identify whether it is acceptable and desirable to consolidate or expand the

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villages and hamlets (including Jurby). Jurby was the first selected to have such a detailed plan be prepared.

4.6.2 This report goes into detail regarding what areas of Jurby should and shouldn't be development and in what order. The Recommendation section of this report (paragraph 2.30) indicated that Area 1 (which incorporates part of the application site (20/01516/B) which the Department of Infrastructure recently gain approval for 21 dwellings and community facilities) should be developed first ahead of Area 2 (forms part of application site and surround fields) which is land which is to the east of the site/Bretney Estate and currently designated for Residential Use under the IOM Development Plan Order 1982. Innovative development scheme to reinvigorate Jurby - 2019 - DOI

4.7 Innovative development scheme to reinvigorate Jurby - 2019 - DOI

4.7.1 The three-year scheme was included as part of last year's (2022) package of Budget announcements approved by Tynwald, following successful engagement with residents and the local authority. More than £800,000 was spent on phase one of the project during the year 2019/20.

4.7.2 Work has commenced on improving Jurby Business Park through landscaping and tree- planting, and the installation of improved signage and modern lighting infrastructure. A planning application for the construction of four new industrial units has now been approved, and the site will be designed to accommodate further expansion in the future.

4.7.3 The focus of the second phase of the project, with a budget of approximately £1,050,000 will shift to the north of Ballameanagh Road, on land between Jurby Medical Centre and the Bretney Estate. While the above works do not specifically involve the application site, it gives a clear indication of the IOM Government's intention for the continued re-development of Jurby.

4.8 Department of Local Government and the Environment - Study of Jurby 2003

4.8 UNESCO Biosphere Isle of Man

4.9.1 UNESCO Biosphere Isle of Man is all about keeping the Isle of Man a special place to live, work and visit. The Isle of Man is the first entire Island Nation in the world to receive this designation.

4.9.2 The UNESCO Biosphere Isle of Man project does not seek to prevent any specific actions, but to promote enjoying and celebrating the Isle of Man to the full, making it an even better place to be and promoting engagement.

4.9.3 The scope of the UNESCO Biosphere Isle of Man Pledge is deliberately broad and inclusive but the context of the Pledge principles are set out below.

o 'Protecting our natural resources - this could relate to anything you're trying to do better that will impact positively on our natural resources, from managing water use to planting trees. o Developing our economy in a sustainable way - doing business responsibly, balancing the need for growth with respect for our natural, social and cultural environment. Responsible businesses tend to be more resilient, contributing to a diverse economy which is more sustainable than a 'monoculture' economy. o Supporting and promoting our cultural heritage - for example, staff involvement in, or corporate sponsorship of, cultural events and groups. o Making our environmental impact positive wherever possible - closely related to the first principle of protecting our natural resources, this could include anything from energy saving and waste management measures to support of local environmental projects.

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o Engaging with the local community - through environmental, social or community groups, whichever fit best with your business. You'll find a wide range of groups listed under 'Who is involved?' on the Environmental/Cultural, Community and Educational pages. o Promoting our outstanding living landscapes through active involvement with Biosphere Isle of Man - being an ambassador for the project and advertising the fact that you support it, thereby encouraging others to get involved.'

4.9.4 The Biosphere Reserves are about achieving a good working balance between people and nature' and the Accreditation reflects how the Isle of Man manages its environment, community and economy, acknowledging that all three components are necessary to achieve a sustainable situation.

4.9.5 The Biosphere related guidance, as summarised below, is not formal planning policy but the designation is capable of being a material consideration.'

5.0 REPRESENTATIONS It should be noted that full comments made by all representations are available on the Online Services - Planning Applications. Further, the application has been re-advertised a number of occasions in response to issues raised and therefore there are multiple comments from various representations.

5.1 Jurby Commissioners had made no comment on the application by the Report drafting stage.

5.2 Highway Services comments (2.2.2023)-

Highways Comments: Road Adoption: The proposed estate road would be subject to a separate agreement with Highway Services under a s4 Highway Agreement to facilitate the adoption of private streets to highway maintainable at public expense.

Accessibility and Connectivity: The site is an extension of the approved scheme under PA 21/00278/B providing consistency as well as continuing the 2.0m footways to each side of the main proposed estate road. It would benefit from the committed enhancements to pedestrian facilities along the southern side of Bretney Road providing links to bus stops, including a new stop and other existing and planned facilities nearby. Bicycle parking is proposed to aid Active Travel. Electric vehicle charging points should be considered to aid net zero objectives.

Access: Vehicular access is to be achieved by extending the approved estate road at 5.5m carriageway width and 2.0m footways to each side and its associated junction at Bretney Road. This would remain acceptable to cater for the additional movements associated with the planned and proposed development. Internals: The extended estate road would split to serve three shared surface streets with turning points, and include crossing points at junctions with dropped kerbs and tactile paving. There is to be adequate exit visibility at the junctions and forward visibility at bends, in keeping with the 20mph design speed. Localised widening is to occur to allow the passing of a waste collection vehicle and a car as demonstrated by the swept path analysis within the submitted Transport Statement. Internal junctions are to be spaced adequately at 11m distances.

Each proposed dwelling is to have a dropped crossing of the footway to provide access between the proposed new streets, driveways and dwelling entrances. The proposed driveways are of adequate dimensions to accommodate two cars in various combinations, such as side by side with size 6 x 5.5m adjacent the internal junctions or with drives to one side of an initial 3.4m width to serve the dwelling by car and foot with an additional space at 3.2m widths. Three dwellings (Plots 12, 59 and 60) are to have garages of adequate dimensions to serve as parking and accommodate storage of bicycles and other items. Another 10 garages (Plots 1, 46-50, 54

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and 62-64) are smaller and unsuitable to count as parking other than for a small car and have been discounted from the overall provision. Parking should be retained for the stated purpose.

A further swept path analysis within the Transport Statement demonstrates practical and safe manoeuvres from the proposed driveways to the streets.

There is space for bin storage for kerbside collection within the required distances.

Surface water drainage, where necessary, must be contained within the site and drainage suitability is to be subject to separate comments from other parties.

Parking: The proposal indicates at least 146 car parking spaces in keeping with the IOM strategic plan minimum car parking standards of two per unit.

For the proposed units without garages, bicycle parking is to be accommodated within sheds at the rear of the units. These must be sized to accommodate one space per bedroom not one space per unit. Details will be necessary to submit for approval.

Transport Assessment and Travel Plan: The submitted Transport Statement and Travel Plan follow guidelines and best practice.

Traffic Impact: The proposal is forecast to add between 38 and 42 vehicles two-way in the respective traditional peak hours with the majority expected to travel westwards from the site. This is likely to represent a material increase on the base line peak of 80-110 vehicles two-way recorded in 2019, but given the low base flow is insignificant in traffic terms reflecting one vehicle approximately every two minutes along this section of Bretney Road even on including the movements associated with PA20/01516/B.

Travel Plan: The submitted travel plan aims to promote non-car based travel and reduce single occupancy car use building on the designed-in infrastructure elements such as pedestrian links, cycle parking and a new bus stop. It is acceptable. It would see the setting and modifying targets based on a survey of occupants within six months of first occupation or 75% site occupancy with follow-up surveys to monitor, evaluate and review after two and four years. There is to be implementation of a series of measures to include a Travel plan Co-ordinator, residents' steering group and promotions linked to national events.

Road Safety: The proposal does not raise significant road safety or network functionality issues. Collision data for the five years to 31 January 2022 indicate a good safety record along Bretney Road. An acceptable Stage 1 Road Safety Audit and Designer's response was submitted with PA 21/00278/B.

Conclusion: the proposal is acceptable in highway terms. Accordingly, Highway Services raise no opposition to this proposal subject to conditions for: i. Layout, including the street layout, on-plot pedestrian and vehicle areas to accord with drawings 55 and 56. ii. Visibility Splays to named drawing Proposed Site Layout- Internal Junction Visibility within i-Transport's Transport Statement. iii. Parking space retention. iv. Further details to be submitted for approval: cycle parking for no-garaged plots. v. 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. The Applicant to note the need for a separate permission under a S4 Highway Agreement to facilitate road adoption.

Recommendation: DNOC - Do not oppose subject to condition.

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5.2.1 Highway Service final comments are (03.08.2021)- 'Accordingly, Highway Services raise no opposition to this proposal subject to conditions to cover access, visibility splays, off-site highway works, street layout, on-plot pedestrian and vehicle areas, including bicycle and car parking...'.

5.3 DOI Drainage initially sought a deferral pending further information with regard to the highway drainage arrangements for the development (13.08.2021). Following additional plans and discussions, DOI Drainage are now satisfied with the proposal (18.02.2022).

5.4 Department of Infrastructure (DOI) Flood Risk Management Division do not object (23.1.2023).

5.5 Isle of Man Fire and Rescue Service objected to the application on the following grounds (30.03.2021)- 'A Fire Safety Department wish to object to this application as the industrial estate and surrounding areas have been identified as having insufficient water supplies to deal effectively with a large fire. The introduction of a further development would put more strain on the current infrastructure, potentially reducing available water supplies further. We would recommend that the water infrastructure is reviewed and enhanced prior to any further development in this area.'

5.5.1 Following these comments and a number of discussions within the relevant Government Departments (i.e. DOI, Manx Utilities and Fire Service etc) a scheme is understood to being prepared to install a new water main from Sulby to the site. While this is not definite at this time, the Department has been told it is likely to happen. Accordingly, the IOM Fire and Rescue Service have made the following comments (13.12.2021); 'Following a meeting between Manx Utilities, Treasury and the Isle of Man Fire and Rescue Service on the 22nd November 2021 it was agreed in principle that the issues related to firefighting water would be addressed by the upgrading of part of the water main and a service reservoir being installed at Jurby.

On this basis this department is willing to withdraw its objections to this development. Any future decisions would be based on the progress made with the above works.'

5.6 The Ecosystem Policy Team (DEFA) (17.2.2023)

"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 and that a suitable level of assessment has been undertaken.

We are also content with all of the details contained in the Detailed Landscape Proposals Sheets 1 and 2 and request that a condition is secured on approval for the landscaping to be undertaken as per these drawings.

It is really nice to see the plans include the creation of a seasonally grazed meadow, with thicket planting, lizard hibernaculum and butterfly banks and a community orchard, all of which should create a lovely, varied set of habitats which will provide spaces for a diversity of wildlife, and ultimately biodiversity net gain, but we would like to see more details about how these features are to be created and maintained. We request that a condition is secured on approval for no works to take place, including clearance and enabling works, unless a habitat mitigation plan has been has been provided to Planning and approved in writing.

The mitigation plan should contain the following details: A plan, including timescales, for the creation and ongoing management of the meadow;

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A plan, including timescales, for the creation and ongoing management of the mixed scrub thicket and woodland planting; A plan, including timescales, for the creation and ongoing management of the species rich grassland/wildflower seeded areas; A plan, including timescales, for the creation and ongoing management of the community orchard; A plan, including timescales, for the creation and ongoing management of the common lizard hibernaculum.

Due to the time it will take for many landscape features to establish and grow, the community orchard, meadow, thicket planting and selective tree planting should be undertaken in the first planting season following approval of this application. The ongoing management may need to be secured via a S13 Agreement.

I can also confirm that we are mostly content with the details in the Phase 2 Site Plan (Drawing No. 55) including: built in bee bricks on each dwelling, built in bat boxes on each dwelling, the barn owl box in a tree in the north east of the site, retention of the majority of trees, retention, and in some areas enhancement, of the sod banks, hedges and stone walls, the responsible removal of Schedule 8 non-native invasive hybrid bluebell. However, in line with the MWT's PEAR and Technical note, 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. For both house martin and collared dove, external boxes will be required, rather than integrated bricks. The plan also needs to be updated to include hedgehog friendly fencing, as referenced within the MWT's Technical note. All of these measures form part of the essential ecological avoidance and mitigation measures for the site. A condition should therefore be secured for an updated site plan to be provided to Planning for written approval, containing details about the mitigation measures to be put in place across the site for wildlife. The development must then be undertaken as per the agreed details.

Though we note that a barn owl box is proposed for the trees to the east of the Ballagarraghyn Farmhouse, the MWT's recommendation was actually for the box to be erected on the edge of the mixed scrub area in Field 210408. Is the intention for this farmhouse to be retained and used as a private dwelling? I think that Hartford Homes should re-engage with the MWT about the location of the barn owl box and based on their recommendation make the decision to either retain it in its current location or move it to field 210408. If the MWT's recommendation is for it to be moved, then there does not look to be any suitable trees on which to mount it, so Hartford may have to consider the erection of a pole mount owl box or an owl tower - the updated site plan should accurately show the location of the owl box based on the MWT's recommendation.

The Ecosystem Policy Team also request that a condition is secured on approval for no works to take place, including clearance and enabling works, unless a Construction Environmental Management Plan (CEMP) has been provided to Planning and approved in writing. The CEMP should contain details of the roles, responsibilities, training, procedures and monitoring on site which will ensure that the environment is protected during all phases of the development and all environmental legislation and policy is adhered to. The agreed CEMP must then be strictly adhered to. The CEMP will need to incorporate the following measures:

A plan for the responsible removal of Schedule 8 invasive plant species; Responsible working methods to ensure that nesting birds, roosting bats, common lizards and common frogs are protected throughout the works- this must include a Precautionary Working Method Statement (PWMS) for common lizards, timescales for vegetation removal and checks by suitably qualified ecologists wherever necessary. Measures for the retention and protection of boundary hedges, banks, stone walls rough grassland and trees - use of protective fencing and replacement of this if it becomes damaged, construction exclusion areas etc.

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Measures to be taken to ensure that construction lighting does not negatively impact upon wildlife on and around the site. Measures to be taken to prevent water, sediment and pollution runoff from site.

Lastly, unless we have missed it, we have not yet seen the lighting plans for the site. Lighting has the potential to disrupt and disturb a variety of wildlife including roosting, foraging and community bats, nesting birds, invertebrates etc. A condition should therefore be secured for No permanent lighting to be installed unless a sensitive low level lighting plan, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8 on Bats and Artificial Lighting (12th September 2018), has been submitted to Planning and approved in writing.

5.7 Public Estates and Housing Division (DOI) comment (23.1.2023); "We refer to the aforementioned planning application, and we can confirm that we have looked at the detail of the application and have considered the provision of a 25% affordable housing requirement. We have also discussed the content of the application with the applicant.

Current data drawn from Housing Division records for Ramsey and the North indicates that there are 83 persons on the general public sector waiting list for affordable housing to rent. There are 5 persons on the Active first-time buyers register seeking to purchase a first home in Ramsey within the next year, and 41 on the Total first-time buyer register. These figures are 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.

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. The Department can confirm that the Proposed Site Plan indicates that six 2B dwellings have been identified by the applicant as being the Affordable Housing provision for this development which equates to 26% of the total number of dwellings proposed. "

5.8 The Senior Arboricultural Officer (DEFA) comments (22.04.2021); The only significant trees on the site are on in the north-eastern corner of field 210401 and the tree protection plan, drawing TPE-280221(East), shows that protection measures will be in place to protect these trees. Recommends 3 conditions to secure tree protection and retaining of trees.

5.9 No third party representations regarding the application have been received at the Report drafting stage.

6.0 ASSESSMENT Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application:

(a) principle of development; (b) the potential impact upon the visual amenities of the area; (c) potential impact upon neighbouring amenities; (d) potential impact upon highway safety; (e) potential drainage/flooding issues; (f) affordable housing provision; (g) open space provision; (h) fire provision; (i) ecology; and, (j) economic impacts of the development;

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PRINCIPLE OF DEVELOPMENT (Strategic Policy 1, 2, 5, Spatial Policy 3, General Policy 2 and 3, Environment Policy 43, Housing Policy 1, 4 and 6, Business Policy 9 and 10, Recreation Policy 2 , 3, 4 and 5, Community Policy 1, 2, 10 and 11)

6.1.1 The first and main issue relating to this application is the principle of residential development on this site. The site is designated as 'Areas of Predominately Residential Use - Proposed' under the IOM Development Plan 1982. Accordingly, from this respect the principle of developing this site is acceptable.

6.1.2 In terms of planning policy the next relevant document is the Island Strategic Plan North Western Sector Written Statement - Planning Circular 11/91. This plan had a lifetime of 5 years and has now expired (approx. 1996). However, this gives a basis for the proposal for additional development within Jurby and lays out policies which refer to such development. Policy NW/RES/P6 of the Circular stated-

'Jurby has previously been suggested as a growth area with development including substantial new housing, a high tech science/business park and leisure facilities. Any such development will clearly require study in depth into such matters as services infrastructure, landscaping, education, health and community facilities in addition to retail and employment opportunities. The policy should therefore only be promoted after consideration of the foregoing factors.'

6.1.3 Whilst this plan could be considered to have no formal policy status due to the time frame, it has not been repealed, it shows that the Department for many years has an ongoing plan for Jurby to be regenerated.

6.1.4 Following the North Western Sector Written Statement a study was undertaken in 1996 by the Planning Department as part of the process to establish a Local Plan for the area. The plan was never adopted. In 2002 the Council of Ministers instructed the Department of Local Government and the Environment to progress a study of Jurby with a view to putting in place a new firm plan for the regeneration of the area. The plan was published in 2003 following consultation with many interest parties including the local community. This report indicated the Department's desire to build new homes, major infrastructure improvements (improvements to highway through Jurby industrial estate have recent been completed) and building improvements, all to improve the appearance for existing and new business. The scale of this development was greater than what is currently proposed and encompassed the majority of the land in and around the Parade Grounds. Following this in recent years the owners of the site (DOI) have gained planning approval for 21 dwellings and Community Hub facilities - 20/01516/B - Bretney Infill Housing Development/Parade Grounds - (APPROVED 04.11.2021).

6.1.5 Since 2003 the Isle of Man Strategic Plan has been adopted by the Department and subsequently approved by Tynwald July 2007. The settlement of Jurby is classed as a 'Service Village' within Spatial Policy 3 of the Strategic Plan. The policy states that- 'Area Plans will define the development boundaries of such villages so as to maintain and where appropriate increase employment opportunities. Housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing.'

6.1.6 It is also significant to consider that the settlement of Jurby is also highlighted as a 'Major Employment Area' for the Island on the key Diagram and therefore in accordance with the Strategic Aim further residential development as proposed would be in accordance with the aim which states-

'To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage.'

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6.1.7 The site is considered to be located in a sustainable location given its close proximity to existing residential properties, shops, school, the Jurby Industrial Estate and public transport links.

6.1.8 It is noted that the consultation period for Preliminary Publicity for the Area Plan for the North and West of the island closed on 25th June, 2021. This initial document (pre-draft plan) commented that housing need has been met in the North and West and therefore no further allocation is required for additional housing. The Preliminary Publicity commented that strategic reserves may need to be identified to build in flexibility to meet the need identified within the Strategic Plan. If appropriate, these figures will be reviewed in the light of the 2021 Census figures, prior to the Public Inquiry for the Area Plan for the North and West (planned to be adopted by Tynwald in 2023). The Area Plan for the North and West was then subject of a Community Guide To The Consultation And Plan Development Process, which involved A Webinar on 11 July, 2022, presenting the Draft Plan, and Drop in Sessions at Peel 13-16 July, and Ramsey 20-23 July, 2022, with a further Webinar in September, 2022, to Summarise the Draft Plan Consultation. At the Report Drafting stage, it had yet to be adopted by Tynwald.

6.1.9 As the Area Plan for the North and West is at its infancy; in terms of the process it is required to adhere to, it therefore, has very little material planning weight attached to it, albeit it does have some.

6.1.10 Overall, it is considered the principle of developing this site as residential is acceptable given the adopted planning policy which is in force today; and, subsequent to the approval of the adjoining PA 21/00278/B application for 23 dwellings. This, however, is not an automatic reasons to approve this application as other matters outline previously need to be addressed also.

THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA (General Policy 2, Environment Policy 2 and Residential Design Guide)

6.2 In terms of the potential impacts upon the visual amenities of the area, clearly the works will be noticeable from a variety of surrounding public views from around the site, namely from the north along the Bretney Road when immediately travelling past the site, distant views form The Threshold to the south of the site and from the west of the site from limited section of The Bretney housing estate across a number of fields from the Parade Ground Area. The area is flat with little in the way of significantly tall landscaping. The site is characterised as series of agricultural fields. Currently views of these fields are fairly well screened by the existing sod bank with gorse above along the Bretney Road. However, the creation of the access to the site and the required visibility splays, has meant that large sections of the development can be clearly seen when passing the site from the Bretney Road.

6.2.1 When travelling along the Bretney Road the new development will appear as the continuation (depending on which direction travelling from) of the settlement of Jurby with The Bretney housing estate immediately to the west of the site; and, to some extent will be screened by the dwellings comprising the previously approved development for 23 dwellings. While the works will further transform the site from agricultural to residential development, the works that have commenced on the adjoining site when viewed from the Bretney Road, will not result in the development appearing isolated ion the countryside. It should be noted that the land to the south of the site (all the way to The Threshold housing estate and Jurby School) is also designated for residential development. Furthermore, a small section of views of the site are apparent from The Threshold housing estate. Views from this location, again will appear as extension of the existing Jurby settlement, namely the continuation of the Bretney Estate and the adjoining PA 21/00278/B scheme for 23 dwellings.

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6.2.3 The proposed buildings are no taller than two storeys, with the majority being two storeys in height, and thirteen being single storey. These are 2, 3 and 4 bedroomed dwellings. The proposed 73 plots have a variety of housing types, being made up of detached, semi- detached and 3-unit terraced structures, with the majority of dwellings have a slightly different design approach.

6.2.4 The applicants in terms of the design of the development have stated- 'The submitted Design Statement that accompanies the proposals provides an analysis of the design philosophy of the scheme which echoes that of the adjacent approval for Phase 1 of the site. The design rationale behind the proposed layout has been driven by a number of key influences on the site. These include utilising the recently approved vehicular access point into the site within phase 1, maintaining significant planted boundaries in order to retain habitats and landscape quality; as well as providing accessible areas of public open space. The careful layout of the site has also provided possible future connection opportunities to surrounding land parcels, should further housing or employment development be considered appropriate at any time in the future. In addition, provision has been included for thicket planting which will become a micro wood within the eastern corner of the site. This area will be accessed by existing farm tracks and has been included within the application site for clarity.

The development has used a range of different house types, including small terraces, semi- detached and detached properties, as well as bungalows. The result is a streetscape which provides variety and interest. Dwellings will be of a traditional style with rendered finishes and will be designed to high design standards with low maintenance and longevity in mind. The development has been designed as a low-density development, following the pattern established by the Phase 1 development (application ref: 21/00278/B), which is considered to be well suited to the edge of settlement location. Large areas of open landscaping and public amenity space have been included, meaning the overall housing density across Phase 2 is approximately 16.2 dwellings per hectare.'

6.2.5 Further they comment; The proposed development will be accessed via the approved vehicular route into the site agreed as part of the permitted Phase 1 scheme. This has been designed to meet current highway safety standards and includes suitable visibility in each direction. It was also agreed that the existing speed limit signage will be re-positioned to the east of the application site, in order to curtail vehicular speeds and improve road safety for cars and pedestrians.

Upon entering the Phase 1 element of the site, the access road will run alongside the approved central area of open space. Further areas of green amenity and play space have also been interspersed within the layout of the Phase 2 development, providing attractive open vistas for future residents and softening the transition between the built development and the open countryside beyond. A total of 6,095 square metres of public open space has been provided for within the layout of the development which will fulfil a variety of functions, including play space and amenity land. This ensures that the development provides an overall feeling of spaciousness and reflects the edge of village character of the site.

The development contained within the permitted Phase 1 scheme includes pedestrian enhancements through the extension of the highways footpath along the frontage of the site, enabling connection on foot into the adjacent housing estate at Bretney Close and the bus stop in a westerly direction. There have also been pre-application discussions with the DOI regarding the provision of a new bus stop along the site frontage. This will ensure that the proposed development will benefit from safe and convenient connectivity to the wider village and areas by public transport. Car parking within the site has been provided to meet appropriate standards. Each property is served by a private driveway and the need for communal courtyard parking has been avoided in all instances.

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Site services and drainage have been fully considered and incorporated within the design. The Phase 1 development includes the provision of a new pumping station to the north-western corner of the site, but it is now proposed that this is not implemented and a new pumping station positioned along the south-eastern boundary of the site has been proposed for adoption and connection to the Manx sewer network as part of the Phase 2 proposals."

6.2.6 Accordingly, whilst there will be undeniable change in terms of visual amenities of the area (i.e. agricultural field to a residential development); it is considered given the land use designation which has accepted development on this site, the design of the proposals would be acceptable for the reasons indicated and would result in a pleasant place to view from outside the site and live and therefore comply with General Policy 2 of the Isle of Man Strategic Plan 2016 and the Residential Design Guide 2021.

POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES (General Policy 2 and Residential Design Guide)

6.3.1 Given the size of the site and number of dwellings, all properties adjacent to the site will be impacted by the development. Any development would have an impact; the issue to consider is whether the proposed development would significantly impacts upon the amenities of the neighbouring properties. Generally the main issue relate to overlooking resulting in a loss of privacy, overbearing impact upon outlooks and/or loss of light.

6.3.2 In terms of overlooking the Residential Design Guide 2021 which the department utilises indicates that 20 metres taken between direct facing windows, generally two storey properties. Generally is a good indication of the likely impact. In this case all the proposed dwellings are greater than 20 metres from neighbouring existing properties (60+ metres away) which are Nrs 9, 10, 15, 16, 17, 18, 19 and 20 Bretney Close to the west of the site. There is no concern of overlooking with regard to these properties.

6.3.3 In respect of the dwellings that are permitted on the Phase 1 site, the row of 12 dwellings 3 terraces of 3 units, and 3 detached units, that have their rear aspects facing the corresponding aspects of 9 dwellings on Phase 1, would have a wall-to-wall distance of 25.0 metres. This is considered to be acceptable. Again in terms of distance the proposed dwellings from neighbouring properties, scale and height of new dwellings and their design, and the separation distances show between dwellings on the submitted layout are not considered to give raise to any significant adverse impacts upon the amenities of the future residents to warrant a refusal. The existing Ballagarraghyn Farmhouse, which is to be retained would be well-screened from any new dwelling and would have separation distances of between 60 and 80 metres from the adjoining new properties.

6.3.4 Overall, whilst the proposed development will have an impacts upon proposed neighbouring properties, it is considered for the reasons given the proposed development would not having an significant impacts upon the residential amenities of the neighbouring properties and therefore comply with General Policy 2 of the IOMSP and the Residential Design Guide 2021.

POTENTIAL IMPACT UPON HIGHWAY SAFETY/PARKING PROVISION (Transport Policy 1, 2, 4, 5, 6 and 7 and General Policy 2)

6.4.1 Highway Services have considered the application in terms of the impact upon highway safety for all road users, parking provision and internal access within the site. They have raised no objection subject to conditions.

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6.4.2 Each of the proposed dwellings would have least two off road parking spaces, some fronting and some to the side a of the properties. Landscaping is also proposed between properties to try break up the parking spaces rather than the space fronting all the properties which can cause adverse visual impacts in the street scene. Therefore the parking provision for the development complies with the relevant IOMSP Parking Standards.

POTENTIAL DRAINAGE/FLOODING CONCERNS (Environment Policy 13)

6.5.1 The Flood Maps show a small isolated area of surface water flooding along the eastern boundary of the site within the site. No dwelling would be affected. There is no Tidal or River Flooding of this site. The Flood Risk Management raise no objection to the application. Further DOI Drainage have considered the application and following additional information raise no objection.

AFFORDABLE HOUSING PROVISION (Housing Policy 5)

6.6.1 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. This policy will apply to developments of 8 dwellings or more. Given submission proposes 73 dwellings this equates to 18.25 affordable dwellings. The applicants are proposing 18 Affordable dwellings onsite which equates to 24.6% of the total number of dwellings proposed.

Given the previously approved PA 21/00278/B submission proposed 23 dwellings which at 25% equated to 5.75 affordable dwellings, and the applicants provided 6 such dwellings onsite equating to 26% of the total number of dwellings proposed. It is considered that the difference between the two balances out, and therefore, the proposal would comply with provisions of Housing Policy 5.

OPEN SPACE PROVISION (Recreation Policy 2, 3, 4 and 5)

6.7.1 A total of 6,095 square metres of Public Open Space has been provided for on the site, split between one main area at the eats of the site comprising Field No. 210408; and, 2 No. smaller areas - the first located immediately to the south and west of Ballagarraghyn Farm, and, the other centrally located within the development and adjoining the SW site boundary. These areas will fulfil a variety of functions, including formal open space, children's play space and amenity land.

6.7.2 The children's play area is more suited to younger children (given a nearby larger play area within Jurby Village has play equipment for older children) which includes a variety of play equipment; namely, earth mound with tunnel, stepping boulders, balancing tree trunks, sand pits, raised planters for community planting and seating area. The whole area will be secured by a 1.2m black railing fence.

6.7.3 Overall, it is consider the proposal would provide the appropriate level of Public Open Space and would be well designed and laid out within the housing development and therefore comply with Recreation Policy 3.

FIRE PROVISION (Community Policy 10 and 11) 6.8.1 As outlined within the initial objection by Isle of Man Fire and Rescue Service there were significant concerns in relation to inadequate supplies of water for fire-fighting purposes. Accordingly, over a number of month's discussion have been on-going within various Government Departments (i.e. DOI, Manx Utilities and Fire Service etc.) and a scheme is understood to being prepared to install a new water main from Sulby to Jurby. While this is not definite at this time, the Department has been told it is likely to happen. The Isle of Man Fire and Rescue Service has made no comment on this application having previously withdrawn their objection to the PA 21/00278/B Phase 1 - for 23 dwellings proposal subject to the above

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provision being provided. No objection has been received from Highway Services or the Fire and Rescue Service in relation to access of fire apparatus etc. Accordingly, the proposal would comply with Community Policy 10 and 11 subject to a Grampian style condition being attached to any approval which indicates that no development may commence until the proposed new water main works to improve the water network are completed.

Potential Ecology Impact - (Strategic Policy 4, General Policy 2, Environment Policy 4 and Environment Policy 5)

6.9.1 The Ecosystem Policy Team has confirmed that a suitable level of assessment has been undertaken by the Manx Wildlife Trust in the Preliminary Ecological Appraisal on the site. Further they comment that most of the MWTs mitigation and enhancement recommendations have been suitably incorporated into the landscape proposals and site plan, including retention of native vegetation, additionally native planting, provision of common lizard hibernaculum, provision of artificial nest and roosting opportunities, etc. They seek a condition be attached which seeks the relevant recommendations outlined within the Preliminary Ecological Appraisal and the proposed submission are undertaken. It should be noted the Conditions suggested by the Eco system Policy Team will require the Section 13 Legal Agreement to include how the maintenance of some of the area of interest will be maintained rather than a condition. In line with the Ecosystem Policy Team comments on MWT's PEAR and Technical note, that both house martin and collared dove, external boxes will be required, rather than integrated bricks, can be conditioned. In addition, the updating of the plan to include hedgehog friendly fencing, as referenced within the MWT's Technical note, can also be conditioned. As all of these measures form part of the essential ecological avoidance and mitigation measures for the site, a condition should therefore be secured for an updated site plan to be provided to DEFA Planning for written approval, containing details about the mitigation measures to be put in place across the site for wildlife. The development would then be required to be undertaken as per the agreed details.

6.9.2 The applicants in terms of energy efficiency (Environment Policy 5) have stated- 'In terms of resources, the site is located adjacent to a sustainable existing settlement and will form an urban extension to the village of Jurby. This will ensure that the development will make the optimal use of existing infrastructure and services and reduce the need to travel. The applicants are also committed to sustainable design and construction techniques as described in the Design Statement. This includes providing levels of insulation which exceed Building Regulation requirements; the use of water saving dual flush toilets; electric vehicle charging points, use of sustainably sourced materials and recycling of waste where possible, as well as the inclusion of solar water heating systems, and an Air Source Heat Pump to serve each dwelling as shown on the amended drawings received on 12 August, 2023.

6.9.3 Accordingly, the proposal complies with Strategic Policy 4, General Policy 2 and Environment Policy 4 and 5.

ECONOMIC IMPACTS OF THE DEVELOPMENT 6.10 In compliance with Government guidance: Making a Planning Application - A Guide for Applicants: Supplementary Guidance on Economic Issues - December 2022; the applicant has provided Material Economic Information in support of the application.

6.10.1 This document advises that: "if approved, the overall development will take between 2 to 3 years to complete, although this will be dependent on the market. To achieve this level of construction, there will be an average of approximately 100 jobs on site being supported at any one time by the development. These jobs will range from design consultants, groundworkers, masons, joiners, plasterers' plumbers, electricians, decorators, landscapers, material suppliers, construction managers and further jobs will be supported by those employed by statutory authorities, supply chain, materials suppliers, hauliers, hire companies, the Steam Packet, as well as legal and financial jobs for those helping with property purchases. The range of jobs

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secured by the proposal are therefore wide ranging and will provide employment for all sectors of the market. Additionally, many workers that would support employment in the Jurby business park, and locally at the Doctors surgery and school would be able to find modern desirable homes close to where they live.

6.10.2 The proposals will have a direct positive impact on the local economy as it will support and create jobs in the construction industry. The estimated construction stage capital expenditure of the proposed development is in the region of £25million. The construction process also has a number of indirect impacts as it generates additional jobs in the supply chain and leads to an improvement in economic activity.

6.10.3 The construction sector has a high economic multiplier effect as a consequence of a large value chain. This means that initial spending on a construction project indirectly generates wider economic benefits and jobs through the impact on the supply chain including manufacturing, real estate, transport, planning and survey services. A report by UK Construction Council of the Confederation of British Industry showed that via these indirect channels, construction projects send ripples of economic activity through the wider economy generating £2.84 in total economic activity for every £1 spent construction projects (CBI, Bridging the Gap: Backing the Construction Sector to Generate Jobs, 2012).

6.10.4 Given the proposed development represents a total capital investment in the order of £25million, using the formula above, therefore represents a total economic output of over £70million. Directly in Jurby the effects will be more immediately felt with the local shop seeing an immediate boost and growth. In light of the direct and indirect effects outlined above, and the scale / duration of the development, it is considered that the construction phase of the development would generate large beneficial impacts on the local economy in the short and medium term."

6.10.5 Officers consider that the economic benefits of the phase 2 development are noteworthy and should be taken into consideration in a positive light in determining the application.

7.0 SECTION 13 LEGAL AGREEMENT 7.1 The applicants have agreed that 18 affordable units will be provided onsite which is considered appropriate to DOI Estates and Housing and the Department. Further, following discussions with the Jurby Parish Commissioner's and the applicants on the previously approved PA 21/00278/B Phase 1 - for 23 dwellings proposal, the Commissioners were happy with the adoption of the Children's Play Area and Public Open Space, once such works have been completed by the Developer. Whilst the Commissioners have made no comment on this current application, it is considered that their previous agreement to adopt the Children's Play Area and Public Open Space, would continue. The Section 13 Legal Agreement for the Public Open Space will also need to ensure the longer term maintenance of the ecological mitigation measures.

8.0 CONCLUSION 8.1 Overall, it is considered the proposal would result in positive economic benefits for the locality and not have any significant adverse impacts upon public or private amenities and would therefore comply with Strategic Policy 1, 2, 5 and 10, Spatial Policy 3, General Policy 2 , Environment Policy 4, 5 and 42, Housing Policy 1, 4, 5 and 6, Recreation Policy 3, 4 and 5, Community Policy 10 and 11, Transport Policy 1, 2, 4, 5, 6 and 7, Energy Policy 5 of the IOM Strategic Plan 2016 and Residential Design Guide 2021.

8.1.1 It is recommended that the planning application be approved for the reasons given within this report and subject to the conditions listed and a Section 13 Legal Agreement.

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-

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(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

9.3 The Department of Environment Food and Agriculture 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 : ... Committee Meeting Date:...21.08.2023

Signed :...H LAIRD... 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 21.08.2023

PA No 22/01133/B Applicant Hartford Homes Ltd Proposal Erection of 73 dwellings with associated access, parking, open space and landscaping Site Address Fields 210401, 210403, 210451 & 210 Ballagarraghyn Bretney Road Jurby IM7 3ES Planning Officer Mr Hamish Laird Presenting Officer As above Addendum to the Officer Report

At the meeting of the 21st August 2023, the Case Officer advised the Members that there was an error in:

o Condition 2 - Update Site Plan drawings numbers to: 55A and 56A

o Condition 3 - Update Detailed Landscape Proposals Sheet 2 of 2 drawing number : 2117-20-101 S3 REV D; and,

As to o Condition 9 - In addition to the PEA report, the condition referred to:

Technical Note: Habitat' dated February 2021 and Notes: Ecological Impact and Common Lizards Mitigation' dated March 2021.

This technical note was part of the phase 1 planning condition, but did not include the Phase 2 application. The Committee requested the Officer to update their recommendation and adjust the condition to request a new technical note as Members thought this would be better as it would cover the additional areas for Phase 2".

Members agreed that the 3 conditions should be updated to reflect the situation and the conditions were revised accordingly.