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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/01485/B Applicant : Keldevelopments Limited Proposal : Residential development comprising 31 dwellings with associated roads, plots, drainage and open space proposals Site Address : Part Of Field No. 121388 And Former Dale Nurseries Oatlands Road Andreas IM7 4ER
Principal Planner: Chris Balmer Photo Taken : 01.02.2023 Site Visit : 01.02.2023 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 11.05.2023 __
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. 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.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
C 3. 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
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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.
Reason: To ensure the provision of an appropriate landscape setting to the development and in the interest of biodiversity.
C 4. 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.
Reason: To ensure adequate Public Open Space provision is provided.
C 5. 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.
Reason: To ensure adequate pedestrian and vehicular access to each dwelling in the interest of highway safety.
C 6. 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.
Reason: To ensure safe access onto the highway in the interests of highway safety both during the construction period and afterwards
C 7. 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.
Reason: To control development in the interests of the amenities of the surrounding area.
C 8. 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.
Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.
C 9. 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
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have its respective measures completed prior to their occupation. The approved mitigation measures shall be retained thereafter.
Reason: In the interests of biodiversity.
C 10. 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: o Measures to be put in place for the protection of the surrounding hedges and trees during construction, including protective fencing and construction exclusion areas. o Measures to be taken to prevent water, sediment and pollution runoff from site. o Construction lighting which adheres to the BCT Guidance on Bats and Artificial Lighting in the UK. o 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.
Reason: In the interests of biodiversity
C 11. 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.
Reason: To ensure appropriate surface water drainage of the site and prevent off site flooding.
C 12. 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.
Reason: In the interest of reducing C02 emissions and to meet the aims of the Climate Change Act.
C 13. 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.
Reason: In the interest of reducing C02 emissions and to meet the aims of the Climate Change Act.
C 14. 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.
Reason: To provide adequate off-street parking.
N 1. Though an assessment has not been undertaken (and not requested) The Ecosystem Policy Team (DEFA) believe that there is potential for common lizards and frogs on site and therefore the applicants is recommend to undertaken the following; o Prior to work on the grassland, grass should be cut to a height of no less than 10cm. This should be done from the inside out to allow any lizards or frogs to relocate to suitable adjacent habitat. The grassland should then be left for 24 hours, before any work commences, to allow any lizards and frogs to relocate.
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o Cutting should be done on warm sunny days (12oC + ambient temperature) during the active season (April to September) but avoiding the vulnerable period of July and August, when lizards may have young. o Any holes or trenches which are left open overnight should have a suitable means of escape for any frogs that may enter them. o Work to remove any hedgebanks must be done in the active season for lizards. Vegetation should be cleared as outlined above, prior to removal of hedgebanks. o If any lizards or frogs are found during works, work must stop immediately and advice sought from the DEFA Ecosystem Policy Team (651577).
This application has been recommended for approval for the following reason. Overall, for the reasons indicated within this report it is concluded the proposals comply with the relevant planning policies of the Isle of Man Strategic Plan 2016, the IOM Development Plan 1982, Manual for Manx Roads and Residential Design Guide 2021. Accordingly, on this basis it is recommended the application is approved subject to conditions as listed and subject to a Section 13 Legal Agreements.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings reference numbers all received;
16.12.2022 Design and Access Statement 001 003 126 127 128 129 131 133 134 135 136 137 500 REV B 22/392/700/001 REV A LS-01 REV B LS-02 REV B TC-220722 TP-220722 TR-220722 STORM SEWER DESIGN
29.03.2023 20/182/TR/004 REV C x 2 20/182/TR/005 REV C 20/182/TR/006 REV C Updated Stage 1 Road Safety Audit STAGE 1 ROAD SAFETY AUDIT - DESIGNER'S RESPONSE Air Source Heat Pump Product Information
04.05.2023 22/392/500/001 REV B 22/392/500/002 REV B
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22/392/500/003 REV B 22/392/500/004 REV A 22/392/500/005 22/392/500/006 22/392/500/007 020 REV B 021 Outline Drainage Statement - Dated March 2023 __
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 relating to planning considerations:
Flood Management Division (DOI) Manx Utilities The Public Estates and Housing Division (DOI)
It is recommended that the following persons should be given Interested Person Status as they are 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):
The owner/occupier of Ballachurry Farm Cottage, Bernahara, Andreas - As they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).
It is recommended that the following persons 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 4(2):
The owner/occupier of Ballacottier House, Andreas Road, Andreas is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy.
Northern Parishes Refuse Collection Board as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and 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. __
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE APPROVAL WILL BE SUBJECT TO A SECTION 13 LEGAL AGREEMENT IN RELATION TO AFFORDABLE HOUSING AND AS THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.0 SITE
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1.1 The site defined in red is a parcel of land, 3.04 acres (1.2 hectares) which is made up of part of part of Field 121388 and Former Dale Nurseries all located to the north western side of Andreas Road, northeast of Little Meadow Housing Estate and to the west of Andreas Village.
1.2 The application site as the name suggests, is defined when viewed on site as two separate areas. The east section of the site is part of part of Field 121388. The site is rectangular in shape measuring 1 acre with no built development, and having a character of a flat field. The boundaries of the site are characterised with mature landscaping, with the northern boundary including a number of mature trees. The site is accessible to Oatlands Road via an existing field gate access, which is located to the south-western corner of the site.
1.3 The second part of the site which makes up the remaining 1.8 acres is more irregular in shape (the main section almost L-shaped) which until recently was covered by a larger amount of built development, in the form of three detached glass greenhouses, all in a state of disrepair. The greenhouses have a total floor area of approximately 3092sqm which covers the 7149sqm site (1.8acres).
1.4 The site is currently served by a vehicular access (shared with neighbouring property Drayton Lode & The New Bungalow) to the south-western corner of the site which adjoins onto Little Meadow. A new/altered access has been installed off the Oatlands Road. This is not completed and appears to have been used for construction traffic to access the site. This access is in the position of an access approved under application 18/00980/B.
2.0 PROPOSAL 2.1 The application seeks approval for the residential development comprising 31 dwellings with associated roads, plots, drainage and open space proposals. A previous application (18/00980/B) has recently been approved (23.10.2020) on the same site for the residential development of 17 dwellings with associated roads, plots, drainage and public open space. A further application (20/00740/B) for erection of 27 dwellings with associated access, drainage, and open space was approved by the Planning Committee on 02.08.2021; however, an appeal was made by Department of Infrastructure Highway Drainage. No decision has been made on this application as the appeal is on hold pending the determination of this new application.
2.2 The proposal includes a total of six houses types, ranging from two storey terraces, two storey semi-detached properties, two storey semi-detached properties with dormer accommodation and detached properties. The dwellings external walls would be finished in a mixture of painted render/natural stone cladding, slate effect concrete tiles and slate grey aluminium/uPVC windows
2.3 A total of 3267sqm of public open space is proposed within the site, the main part within the centre section of the site either side of the main entrance to the site which fronts onto Oatlands Road (running parallel with Oatlands Road). There is further public open space scattered within the estate, in the form of amenity spaces (i.e. landscaped areas). Additional native tree planting and additional landscaping is proposed within and around the southern boundaries of the site.
3.0 PLANNING POLICIES 3.1 The application site is within two separate designations under the Isle of Man Development Plan Order 1982. The eastern part of the site i.e. Field 121388 is within an area designated as Predominantly Residential Use (existing). The western part of the site i.e. Former Dale Nurseries is not designated for development. The site as a whole is not located within a Conservation Area, nor within in Area of High Landscape or Coastal Value and Scenic Significance. The south section of the existing site is identified as being at risk of fluvial flooding from the existing storm water drainage system.
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3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application:
3.3 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."
3.4 Spatial Policy 3 states: "The following villages are identified as Service Villages o Laxey o Jurby o Andreas 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."
3.5 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."
3.6 Environment Policy 10 states: "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4."
3.7 Environment Policy 13 states: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted."
3.8 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."
3.9 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;
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(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."
3.10 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."
3.11 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."
3.12 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."
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3.13 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."
3.14 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."
3.15 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."
3.16 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.
The current standards are set out in Appendix 7."
3.17 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."
3.18 RESIDENTIAL DESIGN GUIDE 2021
3.19 Climate Change Bill 2020
3.20 Department of Environment, Food and Agriculture - Agriculture and Lands Directorate Forestry, Amenity and Lands - TREE PROTECTION POLICY - Department Policy Relating to the Protection of Trees - Version 2.0, December 2021
3.21 Manual to Manx Roads
4.0 PLANNING HISTORY 4.1 The following previous planning applications are considered relevant in the assessment and determination of this application:
4.2 Erection of 27 dwellings with associated access, drainage, and open space - 20/00740/B
4.3 Residential development of 17 dwellings with associated roads, plots and drainage - 18/00980/B - APPROVED.
4.4 Approval in principle for erection of five dwellings addressing means of access and siting - 15/00875/A - Field 121388, Oatlands Road, Andreas - 15/00875/A -APPROVED
4.5 Extension to existing glasshouses for preparation of plant feed, Dale Nurseries Ltd, Andreas - 85/01119/B - APPROVED
4.6 Erection of four polythene greenhouse tunnels, Dale Nurseries - 85/00020/B - APPROVED
5.0 REPRESENTATIONS 5.1 Andreas Parish Commissioners have objected to the application on the following grounds (23.01.2023): "...The Commissioners concerns are:
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a) This a high-density development and not what they would consider in-keeping with the general landscape of the village.
b) Parking and vehicle access They consider the parking allocation within the proposed development as inadequate and will place severe restrictions on access for Service vehicles (e.g. Emergency and Refuse). (The Refuse collection vehicle is already experiencing major problems accessing the existing estates around the village so the Commissioners have first- hand knowledge of this problem). With no options for overspill parking, there is a strong likelihood of roadside parking in the development, and this, in turn, removes the space available for pedestrians on the shared roadway. The lack of pavements within a development which is aimed at families raises further concerns. Whilst it may be that the parking allocation meets the required numbers for the size of the development, it is a fact that this site is within a rural parish which has poor public transport options and the Commissioners consider it prudent to assume that realistically there will be at least 2 cars per household.
c) Drainage and Public Open Space The area designated as Public Open Space, is also proposed for compensatory flood storage to collect all excess water should the volume exceed the existing drainage system design capability. The Commissioners have previously stated that they will not adopt the Public Open space for previous applications for this site and their decision remains in place regarding this application. Any maintenance of the Public Open Spaces within this development will not be borne by the rate payers of the Parish as the potential for flooding within this area is very real and would therefore require maintenance levels over and above the standard care provided by the Authority for amenity areas. ...In conclusion, whilst the Commissioners would welcome development in this area, they are not able to support such a high density development for all of the reasons previously stated."
5.2 Highway Services made the initial comments (13.01.2023) seek additional information; "The proposal does not raise significant road safety or highway network efficiency issues, but confirmation is necessary of junction safety, circulation and turning by a s1RSA and Designer's Response, and swept path analysis."
5.2.1 Highway Services made the following comments after further details of swept path analysis for refuse wagons was provided (28.02.2023); "Highways Development Control notes the additions uploaded on 20 February 2023 and accepts the swept path analysis. A waste collection vehicle would require most of the width to manoeuvre along the proposed streets which is a recognised practice. It assumes adequate parking within the plots as in this case as well as co-operation of the residents. The proposal reflects standards for the street width for an adoptable road too. Whilst Highway Services recommend visitor parking as part of the streetscape at 0.25 per unit, especially for shared surface streets, it is not possible always to secure given the IOM Strategic Plan policy stance.
HDC awaits additional information on audits for accessibility and Road Safety Stage 1 before it is able to provide final comments."
5.2.2 Following additional information Highway Services have made their final comments (04.04.2023); "Highways Development Control notes the additions and amendments uploaded on 29 March 2023 which are acceptable in terms of access and layout, other than failure to yet again to complete and submit an accessibility audit in line with Appendix E of MfMR after being sent the form and several explanations since January 2023 on current highway and transport requirements. This application is a new one and information submitted for a previous application, whilst material, cannot be relied upon since there have been an update to requirements since the last submission.
The accessibility audit goes further than the statements on such in the transport documentation and provide a useful checklist, including the need for any mitigation measures.
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Notwithstanding, accessibility is sufficient. To further enhance accessibility and meet Active Travel objectives, details of enclosed and secure bicycle parking storage are necessary for 23 units without garages to accommodate one bicycle per bedroom. Electric vehicle charging points should be considered for each unit to meet net zero objectives. Additionally, there is now practical demonstration by a swept path analysis that the circulation is satisfactory. Furthermore, the Stage 1 Road Safety and updated Designer's Response have dealt adequately with the identified eight problems through appropriate design modifications in the amended site plan layout. If appropriate, garages should be retained for the stated purposes for plots 26 and 27 given the proposed limited driveway space. A construction management plan would be prudent for road safety and amenity purposes.
The proposal is not expected to give rise to significant road safety or network functionality issues. Accordingly, Highways Development Control raises no opposition requesting application of the following conditions to any planning consent granted for: a) Access, visibility splays and layout, including driveway and garage parking to drawing 20 rev B. b) Details to be submitted for approval of enclosed and secure storage for the parking of bicycles to accommodate one space per bedroom for 23 plots. c) Garage retention for plots 26 and 27. d) Details to be submitted for approval for a construction management plan.
The Applicant is note that separate permissions from DOI Highway Services are necessary for road adoption and works in the public road under a s4 and s109(A) Highway Agreements. Other highway licences, temporary road closures and traffic management may be necessary on construction."
5.3 The Public Estates and Housing Division (DOI) comment (30.12.2022); "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.
Current data drawn from Housing Division records for Ramsey and the Northern parishes indicates that there are 96 persons on the general public sector waiting list for affordable housing to rent. There are also 15 persons on the first-time buyers register seeking to purchase a first home in the North of the Island, including Ramsey. This figure is 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 total number of persons on the Island-wide Register seeking a first-time buyer home is 171, as at December 2022.
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 application site plan indicates that the proposal includes for 8 Affordable Homes which is acceptable.
Thank you for giving us the opportunity to comment on the application."
5.4 Manx Utilities have made the following comments following additional information being provided (11.05.2023): "On reviewing the latest information from the applicant I can confirm Manx Utilities are satisfied that the development can be adequately drained.
It is recommended that prior to any construction work commencing on site the applicant enters into a section 8 adoption agreement with Manx Utilities for the future adoption of this drainage infrastructure.
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Drainage communication fees will be applicable for each of the proposed dwelling in accordance with the Sewerage Act 1999."
5.6 Ecosystems Policy Officer (DEFA) makes the following comments (13.01.2023): "As with the previous application, the Ecosystem Policy Team believe that this development will result in a net loss for biodiversity on site, due to the amount of tree removal, lack of tree planting mitigation and proposals to plant a number of non-native invasive plant species on site. Though we do not object to the development of this area, we believe that further ecological mitigation is required...".
5.6.1 Following amended plans and information the Ecosystem Policy Team comment (11.05.2023); "I can confirm that the Ecosystem Policy Team are now content with the details contained in the updated site plan (Drg.no 020 Rev B, dated 23.03.23) which includes a greater level of tree planting and has removed reference to the planting of snowdrop, crocus, bluebells and daffodils on the sod banks. We therefore request that a condition is secured for the landscaping to be undertaken as per this updated plan.
We also request the following conditions on approval:
No works to take place unless a bat and bird mitigation plan has been provided to Planning and agreed in writing. 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 north west 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. It is our recommendation that bird bricks suitable for swifts are used. The applicants may also wish to consider the installation of bee bricks on the southern elevation of properties.
No permanent outdoor 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.
No works to take place, including construction and enabling works, until a Construction Environmental Management Plan (CEMP) has been submitted to Planning and approved in writing. The CEMP should include the following: o Measures to be put in place for the protection of the surrounding hedges and trees during construction, including protective fencing and construction exclusion areas. o Measures to be taken to prevent water, sediment and pollution runoff from site. o Construction lighting which adheres to the BCT Guidance on Bats and Artificial Lighting in the UK. o 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. Though an assessment has not been undertaken (and not requested) we also believe that there is potential for common lizards and frogs on site and therefore the CEMP should include the following Precautionary Working Method Statement (PWMS) for lizards and frogs : o Prior to work on the grassland, grass should be cut to a height of no less than 10cm. This should be done from the inside out to allow any lizards or frogs to relocate to suitable adjacent habitat. The grassland should then be left for 24 hours, before any work commences, to allow any lizards and frogs to relocate.
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o Cutting should be done on warm sunny days (12oC + ambient temperature) during the active season (April to September) but avoiding the vulnerable period of July and August, when lizards may have young. o Any holes or trenches which are left open overnight should have a suitable means of escape for any frogs that may enter them. o Work to remove any hedgebanks must be done in the active season for lizards. Vegetation should be cleared as outlined above, prior to removal of hedgebanks. o If any lizards or frogs are found during works, work must stop immediately and advice sought from the DEFA Ecosystem Policy Team (651577).
All works must then be undertaken in full accordance with this statement."
5.7 Inland Fisheries (DEFA) make the following comments (14.02.2023); "I can confirm that DEFA, fisheries have no objections to this development from a fisheries perspective, provided that there is no adverse effect on the adjacent watercourse, and all surface water drainage runs through the swale as proposed on the plans. The proposed works are in close proximity to the watercourse, precautions will be needed to reduce the possibility of harmful materials such as concrete or washings entering the river."
5.8 Flood Management Division (DOI) comment following amended plans (10.05.2023); "I can confirm that the DoI flood management division is now satisfied with the information provided..."
5.9 Highway Services Drainage (DOI) comment following amended plans (03.04.2023); "We've been in correspondence with the Applicant and have received the attached drawings etc. in response to our comments to Planning dated 8th March 2023. DOI Highways Drainage are now satisfied that the proposed estate road and highway drainage will not flood in normal circumstances and that any loss of flood plain can be offset within the POS without impacting the seasonally high groundwater table. The proposed culverts under the estate road at the site entrance have been upsized and gullies added or relocated on Oatlands Roads. The overall site area has been confirmed as 1.2ha so the greenfield runoff rate would be 8.4 l/s but the Applicant is proposing to keep this as 7 l/s which is more onerous. Subject to DOI Flood Risk Management's confirmation that the development will not increase the offsite flood risk to our existing highway then we would have no objection to it. Some of the more technical details can be agreed at a later date if the application is approved."
5.10 The Senior Arboricultural Manager (DEFA) makes the following comments (11.05.2023); "We have no objections to this application. A condition for the implementation of the Tree protection plan would be ideal on this site."
5.11 The owner/occupier of Ballachurry Farm Cottage, Bernahara, Andreas who owns land adjacent to the site (opposite side of Oatlands Road - Fields 121424, 124284 &121285) objects to the application on the following summarised grounds (23.01.2023); our fields are unusable for agriculture due to the undrained ground which has suffered since the development of the Little Meadow Estate; in previous application (yet to be determined at appeal) the agent indicated that our land is higher to the subject site, while there may be a higher point in the field, the drain that serves our land goes under the highway and runs along Little Meadow, which is much lower than the subject site; the history to the matter is that the developers to Little Meadow Estate infilled the historical open ditched installing pipes that were left too high to be effective; the DOI have admitted verbally that it would be too costly to dig up the offending pipes to drop them lower as they are buried under numerous private back gardens; the proposal will exacerbate the poor situation, more so by increasing the number of houses and ignoring the fact that the capacity of the open ditch, intended to support the handling of surface water is not known, and cannot current cope as things are; highlight a number of commission and oversights with the Design and Access Statement; contrary to Strategic Policy 1(c) as existing utilities cannot cope; contrary to General Policy 2 (g, j, k & i); Contrary to
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Recreation Policy 4 as the open space may not be useable to accommodate the holding water at times of heavy rainfall; the Storm/Sewer Design PDP means nothing to any part considering the appellation; raise questions of the robustness and accuracy of Bryan Hall document; no details of how much water the storage tanks and how it will be released and managed; and the coloured plats showing the measure of the 'impermeable areas' does not appear to include the path's., hardstanding and paved areas around each property, which given me no confidence in the data as the measured site are clearly incomplete.
5.12 The owners/occupiers of Ballacottier House, Andreas Road, Andreas objects to the application on the following summarised grounds (04.01.2023); whilst our property is not immediately adjacent to the site, the development is completely dependent on the same open ditch that serves to drain the surface water that surrounds our home; Since the building of Little Meadow and the Croit Ny Kenzie estates the drainage situation on Oatlands Road has deleteriously affected our property by increased amounts each year; this flooding is almost entirely due to the fact that the ditch/drain at the end of the garden cannot cope with the runoff after any significant downpour; the plans indicate the flood exceedance routes from the onsite drainage to be directed towards Oatlands Road in a southern direction; as far as we can see the drainage systems has been deskbound research and doesn't suggest any local knowledge; all workers living at the site will need to travel by car and this could equate to 60+cars leaving and returning; concerns of highway safety and speeding traffic; and building homes furthest point form Douglas and off a public transport route is contrary to modern thinking can the existing sewerage system cope with the extra strain.
5.13 The Northern Parishes Refuse Collection Board and have raises concerns on the following summarised grounds (20.01.2023); concerns road width does not allow sufficient reasonable operational access for large commercial vehicles, in particular our refuse collection vehicles; and with on street parking it will further exacerbate the problem especially given the roadway appears to double as a pedestrian walkway which also raise additional potential safety issues.
6.0 ASSESSMENT 6.1 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/flood issues (f) Affordable Housing potential (g) Open Space Provision; (h) Potential impacts upon trees; and (i) Climate Change.
PRINCIPLE OF DEVELOPMENT 6.2 As outlined within the planning policy section of this report, the site is partially proposed for residential use (eastern section Field 121388) and partially not designated for development (western section former Dale Nursery), albeit the latter until recently had a large amount of built development on.
6.3 The recently adopted Isle of Man Strategic Plan 2016 has been undertaken and adopted, which identified that a total of 770 new dwellings are required to be provided between the years of 2011 to 2026 in the North of the Island. A total of 5,100 dwellings are required over this same period throughout the Island. Andreas Village is regarded as a Service Village under Spatial Policy 3 which also states that "Housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing".
6.4 As part of the Area Plan for the East process, a Site Assessment Framework published as part of Preliminary Publicity includes net density assumptions (including open space but not strategic provision) - High (40 - 100 dph) i.e. "Town centre development, typically development which is apartments or terraced housing. Medium density (15 - 30dph) i.e. Larger sites close to the settlement centre, typically estates incorporating different dwelling types including some
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apartments and terraced housing and low density i.e. larger sites towards the edge of settlements, consisting of mainly houses and bungalows with relatively few apartments or terraces and low density (5 to 10dph). The Residential Design Guide 2021 replicates there housing densities.
6.5 This proposal would be on the low side of medium density being 25dph. The previous approved schemes resulted in 22dph and 15dph, again within the medium density range. It should be noted that while the amount of dwellings has increased, this is because the type of dwellings have altered. The original approved scheme proposed larger detached properties (generally 4 bed dwellings) whereas the current application proposes small types of properties (generally 2 to 3 bed dwellings, with four 4 bed dwellings). In terms of built development when viewed from the street scene, the amount of built development in likely to be similar, albeit the original approvals included bungalows along part of the frontage of the site along Oatlands Road, however, these are now omitted so there is less built development along the roadside, with greater level of open space/landscaped areas.
6.6 Strategic Policy 1 indicates we should optimise the use of previously developed land and ensure efficient use of sites (taking into account the needs for access, landscaping, open space and amenity) and that development should be located to make best use of planned and existing infrastructure, facilities and services. As Andreas is a 'Service Villages' and it is considered further dwellings located in this settlement as proposed, are in line with sustainable objectives of the overall IOMSP, i.e. people living close to existing services/employment and have less reliance of cars. This site would fit well with that brief. The site is 1.2 hectares. It is partially brownfield, close to a good bus route, near to local shops/nursery/post office/pub, Andreas Primary School and large amount of Public Open Space.
6.7 However, as mentioned previously while the eastern part of the site is on land designated for residential development (and has had recent approval for five dwellings albeit now expired), the eastern part is not. The Department has no concerns with the principle of developing the eastern part of the site once again. The question is whether permission should be allowed for the western part of the site to be developed for residential development. In this case there are a number of factors in support of development.
6.8 Firstly, General Policy 3 paragraph (C) indicates that; "previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;".
6.9 Further, under appendix 1 of the Isle of Man Strategic Plan the term is defined as:-
"Previously-developed land is that which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure.
The definition includes defence buildings, but excludes:
o Land that is or has been occupied by agricultural or forestry buildings. o Land that has been developed for minerals extraction or waste disposal by landfill purposes where provision for restoration has been made through development control procedures. o Land in built-up areas such as parks, recreation grounds and allotments, which, although it may feature paths, pavilions and other buildings, has not been previously developed. o Land that was previously-developed but where the remains of the permanent structure or fixed surface structure have blended into the landscape in the process of time (to the extent that it can reasonably be considered as part of the natural surroundings).
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There is no presumption that land that is previously-developed is necessarily suitable for housing development nor that the whole of the curtilage should be developed."
6.10 While the existing buildings have recently been removed from the site, it is still considered the site and associated buildings, structure and hard standings would all meet the definition of "previously-developed land" given they have only been recently removed and as the definition indicates "...or was occupied by a permanent structure" which suggest that there is the potential for sites that have had built development on which perhaps has been removed, can still comply with the definition. Arguable, the longer the period a site has been cleared the less reliance on this "was" there could be. However, as mentioned the removal of the permanent nursery buildings on the site is a recent occurrence (within last year) and therefore the principle of utilising this section of General Policy 3 is acceptable. The next question is whether; "...where redevelopment would reduce the impact of the current situation on the landscape or the wider environment...". It is potentially difficult to argue that the proposed development reduces the impact, given the amount of dwellings proposed and necessary road infrastructure, compared to the existing low level green houses. It is therefore difficult to argue the proposal meets this section of the policy. However, in terms of whether; "...the development proposed would result in improvements to the landscape or wider environment.", it is considered the overall development would significantly improve the landscape and wider environment given the overall scale in its context with the settlement which is sites within and given the quality of the layout of houses, different house types, density, landscaping and open space provision; which all amount to an visual impact of the site and area, albeit accepting the level of built development is more apparent from public views. As mentioned previously, the removal of the bungalows along the roadside frontage of the site, reduces built development the most publicly viewable part of the site, and instead will be open space/landscaped areas, with the built development (Plots 1 to 3) be set back approximately 33m to 43m from Oatlands Road.
6.11 The site has been in a poor state of repair for many years and a blight to the village and street scene, which was always very unlikely to be brought back into it original use, given its previous condition.
6.12 A second factor in support of development is the sites surroundings, in terms of built development or potential built development. To the north east of the site are existing properties (Oatlands Bungalow & Oatlands Lodge) and to the rear of these properties is the eastern part of this site which is designated for development. Immediately to the southwest and west of the site is Little Meadow Housing Estate (23 dwellings), Drayton Lodge & The New Bungalow and to the northwest of the site is land that is designated for development and has had approval for 24 residential plots (00/00196/B). Accordingly, given these factors it could be considered the site; albeit on a larger scaled, could be classes as an infill site given the existing built development and surrounding land which is currently designated for residential development.
6.13 Lastly a significant material consideration is the fact an extant approval existing on this site for residential development (18/00980/B - 17 dwellings expires 23.10.2020) which was considered against the same policy consideration and Development Plan.
6.14 Given the reasons stated it is considered the principle of developing the site for residential purposes is acceptable. This is not an automatic reason to allow development as further material planning matters as indicated previously need to be considered, to determine if the 31 dwellings on the site is appropriate.
THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA
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6.15 General Policy 2 paragraph (b) states that the design should respect the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them.
6.16 The site from public views would be noticeable, albeit arguably less so than previous approvals which had two to three bungalows along the roadside frontage of the site along Oatlands Road. Theses have now been removed and the majority of the roadside frontage of the site is made up Public Open Space/landscaped areas. The closest dwellings to Oatlands road would be Plots 1 to 3 which are located between 33m and 43m approximately and plots 30 & 31 would be between 20m and 23m approximately (although set behind Oatland Bungalow and an approved dwelling within the existing garden of this property). The majority of the dwellings (Plots 10 to 29) which make up the main street scene view of the development and are mainly apparent from the new access (junction onto Oatland Road) of the site are 50+ metres away.
6.17 It is considered given the distances the dwellings are setback form Oatlands Road, the location of the proposed Public Open Space/landscaped areas and existing properties in the area (namely Oatland Bungalow, Oatlands Lodge, Drayton Lodge, The New Bungalow and the potential new dwelling to the southwest of Oatland Bungalow), the proposed housing development visual impact would be appropriate in the streetscene/area. Furthermore, the layout, density, housing types, design of dwellings and finishes are considered to be an acceptable standard and would result in a housing estate which would be a nice place to reside and see from Oatlands Road, resulting in a beneficial development in terms of its visual appearance in the street scene. While the proposed 31 dwellings is more than previously approved, as mention this is due to smaller properties being proposed, the actually built development (i.e. built form) on the site is not so significant to warrant a refusal now.
6.18 Whilst there will be an impact to the visual amenities of the area over the previous an current situation, it is considered the proposals would represent an overall visual improvement and environment betterment and be acceptable and comply with General Policy 2 & 3 of the IOMSP.
POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES 6.19 The second issue relates to the potential impact of the development upon the residential amenities of neighbouring properties, namely Oatlands Bungalow, Oatlands Lodge, Drayton Lodge & Bungalow to rear of Drayton Lodge (name not known). 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.
6.20 In terms of overlooking a general guide which the department utilises is the 20 metres measure, which is taken between direct facing windows. In this case all of the proposed dwellings with direct facing windows are greater than 20 metres from neighbouring existing surrounding properties. Where this gap is closer the proposed dwellings either have their gable end wall facing neighbouring properties or orientated away from existing properties. Further there can be found existing/additional landscaping is in.
6.21 The design and siting of the dwellings from neighbouring properties and sun orientation (east to west), all ensure there is no significant overbearing impacts upon neighbouring properties or loss of direct sunlight.
6.22 Overall, whilst the proposed development will have an impacts upon existing surrounding neighbouring properties, it is considered for the reasons given the proposed
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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.
POTENTIAL IMPACT UPON HIGHWAY SAFETY 6.23 Firstly, all properties meet the required parking standards providing at least two off road parking spaces. Comments made by the Commissioners are noted, however the IOMSP only requires two spaces per dwelling and that has been achieved.
6.24 It should be noted that the visibility splays can achieve the 2.4 x 70m in both directions and Highway Services are content with these.
6.25 Comments from The Northern Parishes Refuse Collection Board and Andreas Commissioners are noted and the applicants where consequently asked to provide swept path drawings of refuse vehicles driving in the estate. These have been undertaken and considered by Highway Services who have raised no concerns with the road layouts and widths of the estate roads/access.
6.26 The IOMSP Parking Standards (Appendix 7) requires each dwelling have two off road parking spaces associated with each dwelling. This requirements has been achieved. Comments from the The Northern Parishes Refuse Collection Board and Andreas Commissioners that there is insufficient/people will park on the estate road are noted. However, as the proposal meets the required parking standards and the road layout is appropriate for the various vehicles that would use it; as confirmed by Highway Services; it is considered a refusal on these grounds would not be appropriate.
6.27 Accordingly, the application complies with Transport Policies 1, 4, 6 & 7 and the parking standards of the IOMSP and Manual for Manx Roads.
POTENTIAL DRAINAGE/FLOOD ISSUES 6.28 As can been seem from the comments of all parties and the applicant, there is an accepted issue with the existing surface water drains within Andreas Village. From comments received there appears to be two areas of concerns with the existing drains. The first is the drainage pipe within and underneath the rear gardens of Nr 1a to 14 Little Meadow, which from comments received indicate that the filling up of the original ditch (to create larger gardens) and not properly installing appropriate drains, results in the water backing up towards the site and neighbouring fields. The second area of concern seems to be the potential partial or fully blocking up of the existing drains between Lawn House and Andreas Stores.
6.29 This application does not, nor can it address the existing issue as the issues fall outside the supplicant ownership/control. Manx Utilities also acknowledge these concerns and the issues in the previous applications, albeit comment that although these works will be addressed, they are not proposed for the short or medium term.
6.30 The drainage of the scheme has been undertaken by a drainage engineering company as has the Flood Risk Assessment (FRA). It is proposed to provide a Geocellular Attenuation Tank, which are a form of attenuation & infiltration system, designed to store excess water in circumstances where heavy rainfall means that the volume of water flowing from a site is too high to go immediately into sewers / off-site drainage. Water that is 'rejected' from the outfall flows back up the system and into the geocellular structure, where it is stored until the allowable discharge rate from site permits the storm water to join the off-site network or water body. These will be installed below two areas of the Public Open Space. Geocellular structures store water underground, in a way that maintains structural integrity under the site and prevents leakage into the surrounding soil. The previous approved application (currently pending an appeal) proposed a different solution, being a detention basin within part of the Public Open Space area, which would fill during heavy rainfall events and then drain into the main system.
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6.31 The Geocellular Attenuation Tank which are designed to reduce the potential impact of new and existing developments with respect to surface water drainage discharges. The applicant's consultants on this matter state (Drainage Statement); "3.5 The proposed surface water system is outlined for adoption by the MUA and is to be designed in accordance with the Manx Sewers for Adoption guidelines.
3.6 The surface water is proposed to discharge to the existing watercourse that runs in a south westerly direction on the south east boundary of the site and will be connected by a shallow swale that connects the new surface water infrastructure to the ditch through the existing flood plain.
3.7 The surface water discharge rate will be restricted to an existing greenfield runoff rate based on 7 litres per second per hectare and restricted to a maximum rate of 7 litres per second to ensure no additional pressure is put on the existing watercourse and downstream system.
3.8 The new impermeable area of the site is 4,130m2 . When the runoff from this area is restricted at 7.0 litres per second it will require storage of approximately 207m3 for a 100 year storm plus 30% allowance for climate change.
3.9 The majority of the attenuation will be provided in the form of two underground geo- cellular tanks located above the existing 100 year flood level on site as detailed on drawing 22/392/500/001.
3.10 The proposed driveways to the dwellings are to utilise a permeable surfacing to reduce the volume of surface water runoff. However, to ensure a robust assessment of the proposed surface water drainage system the full 100% of their surface area has been included in the impermeable area for the storage volume calculations to allow for any runoff which may occur."
6.32 The current surface water runs directly from roof and hard surfaces (previous greenhouses) on the site into the existing ditches (along southern boundary of site) with no meaningful attenuation and runs into the surface water drainage network, in Little Meadow. Previously it had been indicated that there was hard surface run-off from the existing site totalling 3171sqm. The proposed site equates to 4130sqm of hard surfacing (i.e. roads, driveway, roofs etc). It should be noted that this is less than the previous approved application (18/00980/B) which had hard surfacing of 5049sqm. Due to this increase in hard surfacing and due to the sensitively to surcharging of the receiving surface water network, the above mentioned Geocellular Attenuation Tank is proposed to accommodate all hard surfacing on the site. The applicants advise that the proposals will reduce the amount of surface water entering the existing system and therefore can only have a beneficial effect on the flooding currently experienced in the locality. They comment that it would certainly not make the existing flooding any worse.
6.33 Manx Utilities Drainage, Flood Management Division and Highway Services Drainage have all considered the application in details and following a number of discussions and amendment/additional plans have no objection to the proposal. Unlike the previous attenuation basin proposed, Manx Utilities have indicated that they can adopt the Geocellular Attenuation Tank (consisting of the proposed foul and surface water sewers, manholes and attenuation systems).
6.34 There are two options in relation to this aspect of the proposal. Firstly, approving the application, and accepting that while the existing drainage system is clearly inadequate due to blockages and poor installation to the main system off site; this proposal would be an improvement in essentially reducing or preventing the amount of surface water into this
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existing drainage system. The second option would be to refuse the application as the existing system cannot adequate deal with surface water, albeit the existing site would still drain into this system with no meaningful attenuation. This option may also restrict any development in Andreas till this issue is resolved. Further, the previous applications accepted the first option.
6.35 In terms of flooding of the site the Flood Management Division (FMD) have indicated that they have no objection following the additional information being provided.
6.36 Overall, the scheme to provide a drainage system within the site has been considered in detail by Manx Utilities Drainage, Flood Management Division and Highway Services Drainage, all who have raised no objection to the proposals. A condition should be attached to any approval which requires the Geocellular Attenuation Tank and associated drainage works be in place prior to the occupation of any dwelling on the site.
AFFORDABLE HOUSING PROVISION 6.37 As indicated by Housing Policy 5 the Department will normally require that 25% of provision should be made up of affordable housing when developments are of 8 dwellings or more. On this basis a total of 7.75 affordable units would generally be required. In this case the applicants have been in discussion with the DOI Housing Division and both parties have agreed that the applicant will provide 8 dwellings which is 0.25 over provision. The proposal therefore complies with Housing Policy 5. A Section 13 Legal Agreement will need to be agreed.
OPEN SPACE PROVISION 6.38 Recreation Policy 3 indicates that 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.
6.39 The proposal would provide two main areas of open space within the centre/front parts of the site. Both areas would be usable areas of open space, generally flat in nature and with landscaping proposed. In total the proposal would provide 3267sqm. The required amount is 2786sqm. Therefor there is an over provision of 481sqm of POS. It should be noted that there is a large area of POS (larger open areas of grass/fields partially formally laid out as sport pitches and children's play area both within a few minutes (under 5 mins) walk away, with good footpath access. Accordingly, the Department was content that more formal POS (sports pitches etc) or children's play area were not required on this site, give the site is within safe walking distance of such provision.
6.40 Overall, it is considered the proposal would meet the aims of Recreation Policy 3.
POTENTIAL IMPACTS UPON TREES 6.41 The submitted Arboricultural Impact Assessment (Manx Roots) indicates that; "The trees contained within the proposed development boundary were surveyed in accordance with BS 5837:2012 (Trees in relation to design, demolition and construction - Recommendations) in March 2020 to support an application for the development approved under 20/00740/B. Since this application was approved most of the tree removal proposed under the approved application has been undertaken. This Arboricultural Impact Assessment is based on an amended design and only considers the trees remaining on site as of July 2022. This report will support a new planning application for development on the site. The assessment has identified the requirement to remove 2no category C trees and 1no category C group to facilitate the proposed development. The removal of 3no category U trees is recommended, irrespective of the development, on the grounds of good management."
6.42 The majority of the trees (37 and 39, and the group, G5) to be removed are located to the north eastern boundary of the site which are not of a high quality. From public views, the
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loss of these trees would not be noticeable given existing dwellings/landscaping in the area and especially if the new dwellings where built.
6.43 While a number of landscaping is proposed within the site, it is considered more planting could be achieved within or around the frontage of the site. Accordingly, a landscaping condition should also be included for additional planting to what is already shown.
Climate Change 6.44 Currently the installation of fossil fuel heating systems in new buildings is to come into force on the 1st January 2025. However, at the time of writing this report the IOM Government is currently consulting on whether proposals to refuse building control approval on applications for new builds and extensions with fossil fuel heating systems from 1st August 2023. This is could result in an estimated 62% reduction in CO2 emissions by installing low carbon heating systems in these homes instead.
6.45 Due to this the applicants have proposed each dwelling having an air source heat pump and solar panels (drawing indicates "All solar panel positions shown on street elevation are indicative only and are to be determined by specialist designer / installer" - this could be conditioned). Added to this the dwellings would need to comply with current Building Regulations (SAP ratings). Accordingly, it is considered the proposal would meet the overall aims of the Climate Change Act to reduce CO2 emissions.
7.0 SECTION 13 LEGAL AGREEMENT 7.1 This application is recommended for an approval subject to a Section 13 Legal Agreement for eight affordable houses within the site and also the maintenance of the Public Open Space. It is understood that the Local Authority do not wish to maintain the POS. Accordingly, a private management company (31 dwellings forming a part of) which was created previously would be responsible for the maintenance of the POS or until such time the Local Authority or a Government Body are willing.
7.2 In terms of the Geocellular Attenuation Tank/drainage infrastructure (consisting of the proposed foul and surface water sewers, manholes and attenuation systems) Manx Utilities have confirmed that they are willing to publicly adopt such infrastructure, unlike the previous application (20/00740/B) where the S13 also required the management company would also maintain the drainage detention. However, since this time this issue has been considered further and it is understood that Manx Utilities are able to now adopt such sustainable drainage systems. It should be noted that Manx Utilities will only own and maintain the below ground structures and not the grassed area above i.e. POS. They have indicated that; "As part of the S8 agreement submission, there will be easements allowing MU access to undertake maintenance. The relevant section of the Sewerage Act 1999 also permit MU access onto land to undertake works on public sewerage.".
7.3 The S13 may also include a provision which confirms the applicants will not take up the previous planning application 20/00740/B which is currently pending an appeal; even if the application is approved, either by way of the Minister approving the application following an Appeal Inspector has considered it or should DOI Highway Services Drainage withdraw their appeal request (would automatically confirm approval). If this is not included then the previous planning application 20/00740/B will require to go before a Planning Inspector for consideration.
8.0 CONCLUSION 8.1 Overall, for the reasons indicated within this report it is concluded the proposals complies with the relevant planning policies of the Isle of Man Strategic Plan 2016, the IOM Development Plan 1982, Manual for Manx Roads and Residential Design Guide 2021. Accordingly, on this basis it is recommended the application is approved subject to conditions as listed and subject to a Section 13 Legal Agreements.
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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: (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. __
This Officer recommendation to approve this application subject to the applicant entering into a legal agreement was originally considered at a meeting of the Planning Committee where the members determined to approve the application subject to a legal agreement securing provision of
Affordable Housing
Public open space
At that meeting the Members wished it minuted that once such agreement was in place the decision to approve the application could be made under the authority delegated to an appropriate officer of the Directorate.
In accordance with that instruction, this application has been ultimately determined in that manner.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body 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:...22.05.2023
Signed : Chris Balmer Presenting Officer
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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
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