17 May 2024 · Planning Committee, delegated to Principal Planner Chris Balmer
Dale Nurseries, Oatlands Road, Andreas, Isle Of Man, IM7 4er
The proposal involves building 31 two-storey dwellings of various types (terraces, semi-detached, detached with dormers) on a 1.2 hectare site comprising a flat field and former nursery land with derelict greenhouses recently removed.
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The officer concluded the proposals comply with relevant policies in the Isle of Man Strategic Plan 2016, IOM Development Plan 1982, Manual for Manx Roads, and Residential Design Guide 2021.
Strategic Policy 1
Requires optimising previously developed land, efficient site use with access/landscaping/open space, and location utilising infrastructure. Officer found site fits as partially brownfield in Service Village near services/bus route/school/POS.
Strategic Policy 3 - To respect the character of our towns and villages
Identifies Andreas as Service Village for housing to meet local needs/broaden choice. Proposal aligns as additional dwellings in settlement.
Environment Policy 1
Protects countryside outside settlements. Western site (former nursery) accepted as previously developed land under GP3(c), not countryside.
Environment Policy 10
Requires flood risk assessment/mitigation where risk potential. FRA and geocellular tanks submitted/accepted by consultees.
Environment Policy 13
Prohibits unacceptable flood risk. Attenuation limits runoff to greenfield rates; improves on existing; no increased off-site risk.
Environment Policy 42
New development to reflect local character, no inappropriate backland/removal of green spaces. Design/layout/landscaping respects locality; POS enhances amenity.
General Policy 2
Permits zoned development respecting site/surroundings in siting/layout/scale/design/landscaping, no adverse amenity/highway/flood impacts. All tests met via setbacks, parking, drainage, neighbour distances >20m.
General Policy 3
Restricts non-zoned development except previously developed land where redundant and redevelopment improves landscape/environment. Former nursery qualifies; derelict state improved by housing/landscaping.
Housing Policy 4
New housing in towns/villages/Service Villages. Complies as extension in Andreas Service Village.
Housing Policy 5
25% affordable in 8+ dwelling sites. 8 units provided via S13.
Transport Policy 1
Locate near public transport. Site near bus route/shops/school.
Transport Policy 4
Highways to accommodate generated traffic safely. Visibility splays/swept paths accepted.
Transport Policy 6 - Equal weight for vehicles and pedestrians
Pedestrian needs equal weight. Footpaths/roads to base course pre-occupation.
Transport Policy 7
Parking per standards. 2 spaces/dwelling provided.
Recreation Policy 3
POS for 10+ dwellings per Appendix 6. 3267sqm provided (exceeds 2786sqm required).
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Parking and turning
Each dwelling hereby approved shall not be occupied until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the dwelling and shall remain free of obstruction for such use at all times.
Landscaping scheme
No development shall take place until full details of both soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works shall include additional planting to all Public Open Spaces and between parking areas for plots 1 to 3, 4-5, 6-7, 8-9, 12-13, 14-15, 16 to 21, 22-23 & 24-25 and 26-27. All planting (including tree planting), seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the hereby approved dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. The hard landscaping should include details of the surface finish of the driveway and footpaths as well as any fencing/walls to all boundaries of the dwellings. The hard landscaping works shall be completed in full accordance with the approved details prior to the first use of the dwelling.
Public open space timetable
Prior to the commencement of development a 'Timetable Scheme' for the provision of the Public Open Space areas as shown on drawing 020 REV B is to be submitted to and approved by the Department which gives a timetable of when all the Public Open Space will be completed and all made available for recreational use before the occupation of the last dwelling. Development shall be carried out in accordance with the agreed timetable.
Road and footway construction
Prior to the occupation of any dwelling, the road and footway/footpath between the highway and that dwelling shall be constructed to at least base course level.
Access and visibility splays
Prior to the commencement of the development the proposed new access is to be installed (required to be completed prior to first dwelling being occupied) with visibility splays of 2.4m x 70m in both directions and thereafter kept permanently clear of any obstruction exceeding 1.05m in height above adjoining carriageway level.
No forward enclosures Plots 1-3
In relation to dwellings within Plots 1 to 3 notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department.
Tree protection
The protection measures and construction methods detailed in the Arboricultural Impact Assessment and drawing TP-220722 prepared by Manx Roots submitted in support of the application shall be adhered to in full. No retained tree shall be cut down, uprooted, or wilfully destroyed during the development phase and thereafter within 5 years from the completion date, other than in accordance with the approved plans and particulars or as may be permitted by prior approval in writing from the Department.
Bat and bird mitigation plan
Prior to the commencement of any development a bat and bird mitigation plan shall be submitted in writing to the Department for approval. The plan should contain details of bat and bird bricks to be built into the new properties. Bird bricks should be located high up on north east to northwest facing elevations. Bat bricks should be located high up on a variety of elevations, though some should face south. Both bird and bat bricks should not be located above windows or doors. This approved plan shall be fully adhered and each dwelling shall have its respective measures completed prior to their occupation. The approved mitigation measures shall be retained thereafter.
Construction Environmental Management Plan
Prior to the commencement of any development a Construction Environmental Management Plan (CEMP) shall be submitted in writing for approval by the Department which includes the following: Measures to be put in place for the protection of the surrounding hedges and trees during construction, including protective fencing and construction exclusion areas. Measures to be taken to prevent water, sediment and pollution runoff from site. Construction lighting which adheres to the BCT Guidance on Bats and Artificial Lighting in the UK. Reasonable Avoidance Measures (RAMs) for nesting birds to ensure they are not harmed by the works - vegetation removal outside of the nesting season, or thorough checks prior to removal.
Drainage scheme
The Geocellular Attenuation Tank and associated drainage scheme approved under these details and shown on drawings 22/392/500/001 REV B, 22/392/500/002 REV B, 22/392/500/003 REV B, 22/392/500/004 REV A, 22/392/500/005, 22/392/500/006 and 22/392/500/007 shall be completed and ready for use before the occupation of the first dwelling and shall be retained and maintained thereafter.
Solar panels
Prior to the commencement of any development details of all solar panels to each dwelling shall be submitted and approved in writing to the Department and these approved details shall be completed prior to the occupation of any dwelling and retained thereafter.
Bicycle storage
Prior to the commencement of any development details and dimensions of the enclosed and secure storage for the parking of bicycles for the plots shown on 020 REV B and these approved details shall be completed prior to the occupation of any dwelling and retained thereafter.
Garage parking Plots 26-27
The garages for plots 26 and 27 hereby approved shall at all times be made available for the parking of private motor vehicles(s) and shall be retained available for such use.
No objection following swept path analysis, Stage 1 RSA, and design amendments; requests conditions for access, bicycle storage, garages, CEMP
Acceptable provision of 8 affordable homes (25%); requests Section 13 Agreement
Satisfied development can be adequately drained; recommends Section 8 adoption agreement
Content with amended plans including tree planting; requests conditions for bat/bird mitigation, CEMP, lighting
No objections provided no adverse effect on adjacent watercourse
Satisfied with information provided
Satisfied proposed drainage will not flood; no objection
No objections; condition for tree protection plan
Multiple statutory consultees including Manx Utilities, DEFA Biodiversity, DOI Flood Management, DOI Highways, and DOI Highways Drainage provided responses generally supporting the application subject to conditions and additional information on drainage, biodiversity mitigation, highways safety, and flood risk management.
Key concern: Culvert capacity and flood plain storage compensation
Manx Utilities
Conditional No Objectionsubject to the applicant entering into a Section 8 adoption agreement with Manx Utilities prior to any development work commencing the drainage infrastructure will be publically adopted; Whilst offline surface water attenuation tanks are acceptable to Manx Utilities, these offline tanks must have suitable access
Conditions requested: Section 8 adoption agreement prior to development commencing; Drainage in accordance with Manx Sewers for Adoption; AutoCAD plans and software calculations for Section 8 submission
DEFA Biodiversity
Conditional No ObjectionEcosystem Policy Team are now content with the details contained in the updated site plan; No works to take place unless a bat and bird mitigation plan has been provided to Planning and agreed in writing
Conditions requested: Landscaping to be undertaken as per updated site plan Drg.no 020 Rev B; No works until bat and bird mitigation plan approved including bat/bird bricks in specific locations; No permanent outdoor lighting until sensitive low level lighting plan approved following Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8; No works until Construction Environmental Management Plan (CEMP) approved including tree/hedge protection, pollution prevention, construction lighting, RAMs for nesting birds, PWMS for lizards/frogs
DoI Flood Management Division
No ObjectionDoI flood management division is now satisfied with the information provided
DOI Highways Drainage
Additional information required with regard to the surface water drainage system, culvert(s) and flood risk assessment
DOI Highways Drainage
No ObjectionDOI Highways Drainage are now satisfied that the proposed estate road and highway drainage will not flood in normal circumstances
DOI Highways
Additional information necessary; Planning conditions and advisories are expected to apply
Conditions requested: Visibility splay at access junction 2.4 x 70m; Bicycle parking details for 23 units; Garage retention for Plots 26 and 27