7 May 2024
Land Opposite, Springfield Terrace, Foxdale, Isle Of Man, IM4 3hg
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Multiple consultees responded to the Approval in Principle application for residential development in Foxdale; DOI Highways and Manx Utilities Drainage raised no objections subject to conditions, while DEFA Biodiversity requested further ecological surveys, DOI Estates requested …
Key concern: Not zoned for residential development in draft Area Plan for the North and West
DEFA Biodiversity
The Ecosystem Policy Team believe that further ecological information is required in support of this application.; We request that the survey reports are submitted prior to determination in line with best practise, which is referred to in Section 9.2.4 of the British Standard Biodiversity - Code of Best Practise for Planning and Development (BS 42020:2013).
Conditions requested: Preliminary Ecological Appraisal (PEA) adhering to CIEEM (2017) Guidelines prior to determination; Additional surveys and mitigation plan if PEA identifies impacts, submitted prior to determination; Design must take PEA findings into account and avoid impacts upon ecological features
DOI Highways
Conditional No ObjectionHDC raises no opposition subject to standard approval in principle condition; Recommendation: DNOC
Conditions requested: Standard approval in principle condition prior to commencement providing full details of: i. Access and connection arrangements, ii. Streets including paths and turning areas, iii. Visibility Splays, iv. Parking provision, v. Waste bin storage, vi. Surface water drainage scheme, vii. Transport assessment, viii. Accessibility audit, ix. Stage 1 Road Safety Audit and Designer’s Response, x. Swept path analysis (waste collection vehicle); Existing road drainage must be retained or alternative provided
DOI Public Estates and Housing Division
request that consideration be given... to include a requirement... for the applicant to enter into a Section 13 Agreement... based upon the usual calculation of 25% of the total number of units.
Conditions requested: Section 13 Agreement with the Department to provide 25% affordable housing
Manx National Heritage
any residential development must be designed to provide a soft edge to the east of the site with space dedicated to tree planting; in accordance with the principles of the Foxdale Local Plan
Conditions requested: Opportunities for tree planting incorporated to provide a soft edge to the east
Patrick Parish Commissioners
Objectionresolved to OPPOSE the Application on the following grounds.; This Application is an attempt to circumvent the Consultation process for that Plan and should be refused on that basis alone.
Manx Utilities Drainage
Conditional No Objectiondo not oppose this application subject to the following information being included in any reserved matters application
Conditions requested: Foul drainage design in accordance with Manx Sewers for Adoption (MSFA); Surface water drainage design in accordance with MSFA; Surface water attenuation designed to 1:100 year plus cc; Full details of the surface water attenuation system
DOI Flood Risk Management
DEFFER; do not have any objections to the Approval In Principal however any detailed planning application must be accompanied with a comprehensive flood risk assessment
Conditions requested: Comprehensive flood risk assessment and modelling of the watercourse running through the property for any detailed planning application
The original application for approval in principle for residential development on fields designated in the Foxdale Local Plan was approved by the Planning Committee on 21 November 2022 subject to a Section 13 agreement for affordable housing, issued on 7 May 2024 after completion. Patrick Parish Commissioners appealed on 17 May 2024 citing flood risk from culvert capacity, lack of local support and infrastructure, prematurity ahead of the draft Area Plan for the North and West, support for an objector, and boundary dispute. The applicant's appeal statement by Sarah Corlett rebuts these points, emphasizing compliance with the adopted Foxdale Local Plan and Strategic Plan, prior approvals, no technical objections from drainage authorities, non-materiality of boundary dispute, limited weight to draft Area Plan, and housing needs in a service village. The DEFA planning officer supports the original approval against adopted policy. No inspector analysis or final appeal outcome is present in the documents.
Precedent Value
Demonstrates that approvals in principle on adopted Local Plan sites can be defended against third-party appeals relying on draft Area Plans, provided technical consultees raise no objections and conditions control details. Future applicants should secure prior technical clearances and highlight delivery constraints rather than lack of demand.
