17 November 2009 · Planning Committee
Field 315097, Poortown Road, Peel, Isle Of Man, IM5 1gq
The application sought full planning permission for 43 dwellings including terraced, semi-detached and detached houses arranged around central open space, with vehicular access via extending Clover Avenue cul-de-sac and a temporary standalone sewage treatment plant due to capacity issues in Peel's mains drainage.
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The Planning Committee refused despite the officer's recommendation for approval, determining the development premature as there was no clear timeframe for public sewerage capacity improvements, makin…
Strategic Policy 11
Requires provision for 6000 dwellings Island-wide 2001-2016. Officer noted West target of 1000 near met (shortfall 54 without windfalls, excess 79 with), but 43 units not gross departure; Committee found premature as West needs largely met.
Housing Policy 3
Distributes housing: West 1000 units. Officer assessed projections (989-1122) with economic factors; Committee determined exceeded, echoing prior refusal R1.
General Policy 2
Permits zoned development if respects site/surroundings, services, amenities etc. Officer found design/layout acceptable with landscaping condition for countryside edge; site zoned residential but drainage/services tipped against.
Environment Policy 42
New development to reflect local character/landscape. Officer praised layout referencing older Peel, terracing around open space; concerns on abrupt countryside interface addressed by condition.
Infrastructure Policy 1
Development only where ultimately connectable to IRIS (except small-scale). Officer confirmed site will connect post-upgrades, temporary plant acceptable interim; Committee concerned no clear timeframe.
Infrastructure Policy 2
Interim drainage details approved pre-commencement. Drainage Division no objection with conditions; Committee found temporary plant inappropriate long-term, flood/unneighbourly location.
Do not oppose (10th July 2009)
No objection subject to conditions (22.07.09)
No objection to principle, though premature and plans confusing
Private residents submitted multiple objections citing prematurity, non-compliance with Strategic Plan housing quotas, high density, landscape impact, traffic concerns, and drainage issues; statutory consultees from Department of Education raised significant drainage concerns nea…
Key concern: foul drainage discharge risks and school flooding from treatment plant and surface water
Department of Education
Conditional No ObjectionAny discharge of treated effluent into this stream is unacceptable; no approval should be given without the following conditions; we consider no smell is acceptable adjacent to live school
Conditions requested: no discharge of treated effluent into the stream; treated effluent to be pumped via rising main to main foul sewer system from outset; no discharge of untreated/treated effluent into stream or adjacent lands in event of plant failure or flooding; smells/operational noise from treatment plant - no smell acceptable adjacent to live school; rectification of existing surface drainage/flooding issue at school site - proposed culverting of rear stream along entire rear boundary; verification of previous/future attenuation; improvement works to watercourses beyond site to ensure future capacity/flows
Department of Transport Drainage Division
Conditional No ObjectionThe Division therefore, will not permit the discharge of the entire foul flows from the development into the public system; No Objection, subject to;-
Conditions requested: no connection from temporary standalone treatment plant or proposed pumping station to existing public foul system until IRIS regional treatment plant constructed/commissioned and downstream sewer upgrades undertaken; discharge of surface water into adjacent watercourse must be attenuated to figure agreed with Drainage Division; full calculations required prior to drainage works; no discharge of surface water to any foul drainage system(s); communication fees payable per property per Sewerage Act 1999; enter adoption agreement prior to work commencing per section 8 Sewerage Act 1999; written consent under section 35 Land Drainage Act 1934 for watercourse works
DHSS Estate Services Directorate
No ObjectionAssuming 4 persons per house i.e. 172 people ; then that would not be an issue to Primary Health Care.
Drainage Division - Department of Transport
Conditional No ObjectionThe Drainage Division will not permit the discharge of any foul flows (treated or untreated) from the development into the public system at this time.
Conditions requested: EPU to set discharge standard for treated effluent into watercourse to meet licence requirements; treatment plant to incorporate flow balancing tank for storage in event of power/plant failure; treatment plant to be installed with telemetry data links for alarms during failures; culverting of watercourse subject to separate approval under Land Drainage Act 1934 post-planning; future phases assessed separately for attenuation to Greenfield runoff rates
The original application for 43 dwellings with temporary sewage treatment plant was refused by Planning Committee for prematurity (West housing target largely met), lack of IRIS sewerage timeframe, and unneighbourly sewage plant location near school fields prone to flooding. Appellant argued site zoning supports development, housing figures are targets not ceilings under 'Plan, Monitor, Manage' approach, and temporary plant complies with Infrastructure Policies as Peel will ultimately connect to IRIS with Drainage Division no objection. Inspector found prematurity vague with no identified harm, housing targets flexible, and drainage arrangements safe/environmentally acceptable per policy ('ultimately' satisfied). Appeal allowed with conditions including plant removal post-IRIS connection and landscaping; Minister agreed pending s13 legal agreement for 11 affordable units.
Precedent Value
Confirms Isle of Man housing targets are minima to be managed flexibly, not absolute maxima blocking allocated sites; temporary drainage acceptable if 'ultimately' IRIS-connectable with no-objection; future applicants should secure service provider support and highlight affordable housing benefits on zoned land.
Inspector: David Bushby