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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 22/01134/A Applicant : Yorkfields Limited Proposal Approval in Principle application for proposed residential development Site Address Fields 333135, Part 334998, 334999 And Part 335000 Land Opposite Springfield Terrace Foxdale Isle Of Man
Case Officer :
Toby Cowell Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Approve subject to Legal Agreement Date of Recommendation 09.11.2022
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.
Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019
C 2. Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.
Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019.
C 3. Plans and particulars of the reserved matters referred to in condition 2 shall include details of; (a) the surface treatment of any roadways and other parts of the site which will not be covered by buildings; (b) all external materials to be used in the development; (c) existing and proposed ground and floor levels; (d) foul and surface water drainage. (e) the surface treatment of any roadways and other parts of the site which will not be covered by buildings; (f) existing and proposed ground and floor levels; (g) integrated measurers to support bio-diversity net gain. (h) provide sustainable drainage systems. (i) provide an Preliminary Ecological Appraisal
Reason: in the interests of property planning and the character of the area
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C 4. Any future Reserved Matters application shall also include the following highways details:
i. Access and connection arrangements to the public road(s) ii. Streets, including any paths and turning areas iii. Visibility Splays iv. Parking provision in accordance with the adopted standards and criteria v. Waste bin storage in accordance with local authority standards 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).
Reason: In the interests of highway safety.
C 5. The application for reserved matters shall provide full details of how the proposed development will connect to the public sewage system. No development may commence until such time as there is sufficient capacity in the public sewage system to accommodate the additional flows.
Reason: In order that the necessary infrastructure is provided to meet the needs of future residents in the interests of residential and environmental amenity.
N 1. The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 21 November 2022. The issue of the decision notice has been triggered by the Section 13 agreement having been concluded. The 21 days for appeal (for those with Interested Person Status) runs from the date of the decision notice.
This application has been recommended for approval for the following reason. The proposals conform to the site's present land use zoning in accordance with the Foxdale Local Plan 1999, and therefore the redevelopment of the site for residential purposes is considered to be acceptable in principle, in further compliance with General Policy 2 of the Strategic Plan (2016). All matters are reserved at this stage and will be subject to a future reserved matters application.
Plans/Drawings/Information;
This decision relates to drawings and supporting information received on 12.09.22, referenced; 001
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Interested Person Status - Additional Persons
It is recommended that the following property should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Fuchsia House, 6 Springfield Terrace, Foxdale
as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
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Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE APPROVAL IS SUBJECT TO A LEGAL AGREEMENT IN RESPECT OF THE AFFORDABLE HOUSING AND DUE TO THE OBJECTIONS TO THE APPLICATION INCLUDING THAT FROM THE LOCAL AUTHORITY
1.0 THE SITE 1.1 The application site relates a parcel of land situated on the southern side of the A24 road within the village of Foxdale, comprising the entirety of Field 333135, and portions of Fields 334999 and 335000. The site is presently undeveloped and slopes upward from north to south, extending to an area of approximately 5 acres (1.98ha).
1.2 The site has a frontage to the A24 of around 176m. On the northern side of the road from most of this frontage are residential properties; 1 - 9 Springfield Terrace, some semi- detached and mostly detached dwellings. To the west of Springfield Terrace is a newly developed estate of 31 dwellings known as Springfield Rise - a development amounting to approximately 9 dwellings per acre. Kiondhooag, a detached dwelling with associated stabling lies to the south west.
1.3 To the east of the site is a small cleared area used as a car park for the property opposite, with the area further the east having been recently reclaimed as open space, in conjunction with the reclamation of further land to the north east which is now a residential property, Louisa House. The site lies within an area which was formerly mined, with the 1868 County Series maps demonstrating the extensive degree of works which took place in the area at this time.
2.0 THE PROPOSAL 2.1 Approval in principle is sought for the redevelopment of the site for residential purposes, with all matters having been reserved. No information has been provided on the exact or estimated number of units at this stage.
3.0 PLANNING HISTORY 3.1 The site benefits from a fairly extensive planning history, which includes the redevelopment of the site to provide a residential estate. Following a withdrawn application in 2008 and a refused application in 2013, approval in principle was granted in 2014 for the redevelopment of the site (PA 14/00295/A). Condition 2 of this permission, which required that the application for reserved matters be submitted within 2 years, was varied in 2016 to extend the period by a further 2 years (PA 16/00751/B). This permission was granted in September 2016, with no subsequent reserved matters application having been submitted, and has therefore lapsed.
4.0 PLANNING POLICY 4.1 The application site is identified on the Foxdale Local Plan 1999 as land zoned for residential development. The site is not within a Conservation Area or within a Flood Risk Zone.
4.2 The site is identified as forming part of Development Area 3 in the Foxdale Local Plan, with the written statement advising that the site may be developed provided it would be in accordance with the stipulated 'development brief'. Much of the brief refers to detail which could be resolved as part of a future reserved matters application, but does make reference that any such development must be accompanied by proposals for the restoration of the adjacent Louisa Mine site.
4.3 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;
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Strategic Policy 1 Efficient use of land and resources 4b Protection of the landscape and biodiversity 4 (c) No environmental Pollution 5 Design and visual impact 10 Sustainable transport 11 Housing needs
Spatial Policy 3 Development in Service Villages
General Policy 2 General Development Considerations 4 Section 13 Legal Agreements
Environment Policy 4 Protection of species and habitats
42 Designed to respect the character and identity of the locality
Housing Policy 1 Housing needs 2 Adequate supply of housing through Area Plans 4 New Housing to defined existing towns 5 25% Affordable homes requirement
Recreational Policy 3 Requirement for Landscaped amenity areas 4 Requirement for Public open space
Transport Policy 1 Proximity to existing public transportation services 2 Layouts to link to existing systems 4 Highway Safety 6 Equal weight for vehicles and pedestrians 7 Parking Provisions
Infrastructure Policy 5 Water conservation and management
Community Policy 1 Community provisions and neighbourhood centres 7 Designing out criminal and anti-social behaviour 10 Proper access for firefighting appliances 11 Prevention for the outbreak and spread of fire
4.4 Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
4.5 Our Island Plan (2022) Essentially sets out the overall ambition and vision for the Island from 2021 - 2026 with core strategic objectives to offer a 'secure', 'vibrant' and 'sustainable' Island. One broad aspect that is noted as a fundamental issue is; "Tackle the housing crisis by ensuring everyone has a suitable and affordable place to call home and our housing stock meets the needs of our population now and into the future". (page 3)
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4.6 Draft Area Plan for the North and West 4.6.1 A draft written statement was produced for publication in June 2022 following preliminary publicity throughout 2021. The draft plan went out for consultation on 24th June 2022, which included a number of drop-in centres throughout July, and finally closed on 16th September 2022.
4.6.2 The status of Foxdale as a service village is maintained in accordance with Spatial Policy 3, which advises within Table 5 that the Area Plan 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.
4.6.3 The draft plan advises at 8.12 that all land within Foxdale is fully utilised and options for infill development are limited, although given vacant property rates across the Parish of Patrick stand at 13%, this would suggest there is scope to bring vacant properties back into use.
4.6.4 At 14.8.1, it is stated that the Residential Proposal Sites, along with existing supply and projected housing numbers via conversions, can provide for 1515 additional dwellings being delivered in the North and West, between 2011 and 2026. At 14.8.1, there is further recognition that other settlements may have potential for new development in the future subject to evidenced housing land needs, review of the Island's Spatial Strategy and proper master planning in some cases. In the case of Foxdale, there is considered to be a long term requirement for proper master planning to address opportunities and constraints including how to deal with the area's mining legacy/contamination issues.
4.6.5 The site is question, as shown on Map 12, no longer falls within the proposed settlement boundary for Foxdale and is therefore not zoned for development. The site assessment conducted by the Planning Policy team chose to not recommend the site be allocated for residential purposes for the time being. The principle reasoning behind the site's exclusion stems from the understanding that better sites with fewer constraints exist which could contribute towards the required housing need.
4.6.6 Likewise, the assessment notes that the site has been allocated for in excess of 20 years for residential purposes but has not been brought forward despite multiple applications, and is therefore suggestive that the site is not deliverable within the Plan period. It was also assumed that the potential contamination of the site, together with the site's close proximity to the Louisa Mine shafts, may have impacted the development viability of the applications which previously came forward.
4.6.7 Notwithstanding the above however, the above Plan is still in draft form and therefore subject to further amendments, has not been through a Public Inquiry or submitted to Tynwald for approval. Consequently, it is considered than only very limited material weight can be attached to this document, which at present does not form part of the adopted Development Plan for the Island.
5.0 REPRESENTATIONS 5.1 Patrick Parish Commissioners - resolved to oppose the application. The land is not zoned for residential development in the draft Area Plan for the North and West, with the application an attempt to circumvent the consultation process. The site has been subject to previous applications, with no forthcoming reserved matters application which has now expired. It is clear therefore there is no need for a large development in this area. The village lacks the infrastructure for further development with concerns in particular about surface water run-off.
5.2 Highways Services do not object, subject to standard approval in principle condition requiring fill highways details as part of future Reserved Matters application (14.10.22)
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5.3 Public Estates and Housing Division - Request applicant enter into a Section 13 agreement to secure 25% affordable housing.
5.4 DEFA Biodiversity - Section 2.8 of the Planning Statement is incorrect where it states that no Environmental Constraints have been identified for the site, when in fact an area of marshy grassland, mapped as an Area of Ecological Interest in the draft North West Development Plan, is present in the north west of the site. Request that a Preliminary Ecological Appraisal is undertaken and submitted for approval prior to determination of this application.
5.5 Manx National Heritage - Request that opportunities for planting be incorporated into the scheme in line with Environment Policy 1 of the Strategic Plan (2016).
5.6 One letters of representation has been received making the following comments:
"This site has been zoned for residential development since 1999 and the UK owner has failed to develop the site during this extensive time. The owner did seek and gain planning permission for residential development which has now expired. On gaining approval the owner made no effort to develop the site but simply put the site up for sale, the site has failed to sell during the last 4 years.
I would suggest the owner is only now seeking planning approval in principle, because the new North/West plan currently re-designates the site as open space, in an attempt to influence the re-designation. I did also submit my view in support of the new North/West plan re designation as open space of this site in response to the public construction exercise. The owner in my view has no intention of developing the site and if approval in principle was given would simply attempt again to sell the site. The real reason the owner wants planning approval is for monetary gain given the sites re designation would reduce the sites value.
The owner has had over 23 years to develop the site and failed to do so. The failure to sell the site to another developer also provides evidence that the site is not viable for development nor I would suggest that there is demand for such housing in the village of Foxdale. My view is that a decision on this application should be delayed until such time as the new North/West plan has been approved so that such a decision is based on the new plan, rather than the 1999 plan which is not based on the current situation, then the decision can be made based on the new designation whether it is residential or open space. I feel that the UK owner is attempting to circumvent the new plan prior to its approval in an 11th hour manoeuvre to seek planning permission in principle. I would be most grateful if consideration could be given to refusing this application or delaying until the new plan is agreed."
6.0 ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are as follows:
6.2 PRINCIPLE 6.2.1 The site falls within the defined settlement boundary and an area zoned as 'predominantly residential' within the accompanying map of the Foxdale Local Plan 1999. General Policy 2 of the Strategic Plan (2016) states that; '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', subject to various provisions.
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6.2.2 The accompanying 'development brief' for Area 3 of the Foxdale Local Plan, of which the site relates to, highlights various stipulations which would typically be covered by more up to date policies of the Strategic Plan, and could in any case be resolved as part of a future reserved matters application; i.e. design, residential amenity, landscaping, highways/parking considerations. The exception to this is the requirement for any such proposals for the site's redevelopment to be accompanied by proposals to remediate and restore the adjacent Louisa Mine site.
6.2.3 In this regard, it is evident that such works have already been granted permission and undertaken in accordance with previous permissions as referenced in the planning history section of this report. Consequently, this particular aspect of the 'development brief' no longer applies, and in any case General Policy 2 of the Strategic Plan does not place any such restrictions on the development of land for residential purposes within settlement boundary/land zoned as 'predominantly residential'.
6.2.4 Whilst it is noted that the development would conflict with the land use zoning of the draft Area Plan for the North and West, as further highlighted by Patrick Commissioners and an additional representation, it is important to underline the infancy of the draft Area Plan which carries only very limited weight in the determination of planning applications at this present time. The draft Area Plan is still subject to potential revisions following the most recent public consultation, and in any case does not currently form part of the adopted Development Plan for the Island. Development is therefore required to be undertaken in accordance with the presently adopted Development Plan, which in this instance consists of the Foxdale Local Plan and the Strategic Plan, of which the proposals are considered to be in conformity with.
6.3 RESIDENTIAL COMPATIBILITY 6.3.1 The sites boundaries adjoin existing residential uses and could be made compatible through its design to ensure there is no detrimental impact upon the neighbouring properties, particularly Kiondhooag (south-west) and those within Springfield Terrace (north). Strong boundary treatment will be encouraged to ensure appropriate screening and reduce the dependency on high timber fencing in public areas. The residential design guide offers detailed explanations on the design of new houses and how to assess the impact on adjoining properties through; overlooking, overbearing, loss of privacy and light. As such residential use and any future reserved matters application could be designed to be in accordance with the Residential Design Guide 2021 and General Policy 2 (a-n).
6.4 HIGHWAY SAFETY 6.4.1 No objections have been raised by Highways Services over the proposals, subject to the standard approval in principle condition requiring full details in relation to the following accompanying a future reserved matters application:
i. Access and connection arrangements to the public road(s) ii. Streets, including any paths and turning areas iii. Visibility Splays iv. Parking provision in accordance with the adopted standards and criteria v. Waste bin storage in accordance with local authority standards 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).
6.5 LEGAL AGREEMENTS 6.5.1 It would be appropriate for the development to provide open space (RP3&4) and affordable housing (HP5). While the layout would be considered as part of a reserved matters application showing any open space, to ensure appropriate delivery of this, as well as affordable
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housing, a Section 13 Agreement would need to be entered into at this stage. Such an agreement would seek that the reserved matters application provides for 25% of the residential provision to be affordable as defined by the Department of Infrastructure; and that the reserved matters application makes provision of recreational and amenity space.
6.6 OTHER MATTERS 6.6.1 The requirement for the submission of a preliminary ecological appraisal by the Ecosystems Policy Officer is noted. However, given the nature of the application for approval in principle with all other matters reserved, it is considered that such information could reasonably controlled by condition and provided as part of a future reserved matters application, particularly as the site is considered suitable for residential development in planning policy terms.
7.0 CONCLUSION 7.1 The proposals conform to the site's present land use zoning in accordance with the Foxdale Local Plan 1999, and therefore the redevelopment of the site for residential purposes is considered to be acceptable in principle, in further compliance with General Policy 2 of the Strategic Plan (2016). All matters are reserved at this stage and will be subject to a future reserved matters application. The application is therefore recommended for approval.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 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 __
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : ...PERMITTED... Committee Meeting Date:...21.11.2022
Signed :...T COWELL... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
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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.
PLANNING COMMITTEE DECISION 21.11.2022
Application No 22/01134/A Applicant Yorkfields Limited Proposal Approval in Principle application for proposed residential development Site Address Fields 333135, Part 334998, 334999 And Part 335000, Land Opposite Springfield Terrace, Foxdale, Isle Of Man Planning Officer Toby Cowell Presenting Officer As above -
Addendum to the Officer Report
The Planning Committee approved the application which included the addition of Condition 6 following comments received by Manx Utilities Authority and as recommended to be included by the Planning Officer. Accordingly, the application was approved subject to a S13 Legal Agreement with the following additional condition attached;
C 6. The application for reserved matters shall provide the following details and/or demonstrate compliance with the following:
o Foul drainage design in accordance with Manx Sewers for Adoption (MSFA) o Surface water drainage design in accordance with MSFA o Surface water attenuation designed to 1:100 year plus cc o Full details of the surface water attenuation system.
Reason: In order that the necessary infrastructure is provided to meet the needs of future residents in the interests of residential and environmental amenity.
TC 21.11.2022
Foot Note EJC 7/5/24
For the application record the Committee made its decision 21/11/22.
A representation from Heathlands, 8 Springfield Terrace Foxdale, but unfortunately the opportunity for assessment of party status had been missed.
The matter was referred back for an extension of time to conclude the agreement 10/7/23
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