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Application No.: 09/00521/B
Applicant: Heritage Homes Ltd
Proposal: Residential development of 43 dwellings, including roads, drainage infrastructure, and public open space
Site Address: Parts Of Fields 315097, 311825 & 311826 Adjoining Reayrt Ny Keylley To The South Of Derby Road/Poortown Road Peel
Case Officer: Mr Steve Stanley
Photo Taken: Mr Steve Stanley
Site Visit: Expected Decision Level: Planning Committee
| 3 Clover Avenue Reayrt Ny Keylley Peel Isle Of Man | Objects to the proposal | | --- | --- | | Sea Peep Poortown Road Peel Isle Of Man | Objects to the proposal | | Viewmount Close Quane Peel Isle Of Man | Objects to the proposal | | 15 Close Quane Peel Isle Of Man IM5 1PY | Objects to the proposal | | Three Peaks Poortown Road Peel Isle Of Man | Objects to the proposal | | 3 Elm Drive Ballawattleworth Estate Peel Isle Of Man | Objects to the proposal | | 8 Oak Road Ballawattleworth Estate Peel Isle Of Man | Objects to the proposal | | PMCS Seacliffe Old Castletown Road Ballaveare | Interest expressed | | 5 Clover Avenue Reayrt Ny Keylley Isle Of Man | Objects to the proposal | | Sea Peep Poortown Road Peel Isle Of Man | Objects to the proposal |
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Consultee : Highways Division Notes : 10th July 2009 Do Not Oppose
Consultee : Peel Town Commissioners Notes : Refuse
Consultee : Office Of Architecture Notes : memo
Consultee : Drainage Division Notes : Defer
22.07.09 - No objection
This application is recommended for consideration by the Planning Committee rather than under delegated powers as there are more than 5 local objections and local authority has objected to the proposal and the application is recommended for approval.
The site relates to parts of Fields 315097, 311825 and 311826 which are to the east of the residential development Reayrt Ny Keylley and to the south of Poortown Road, Peel. The site is currently in agricultural use and is bounded by a sod bank hedge along the Poortown Road frontage. On the opposite side of Poortown Road is Close Quane, a number of individual roadside dwellings and to the north east Ballawattleworth Estate which includes a public house, shop and other services.
The site is part of a larger area designated as being Predominantly Residential use by the Peel Local Plan (Planning Circular 6/89). It is set out in the supporting information that this is the first phase in the proposed development of the land designated for residential use and an indication is given that the first three phases may produce up to 143 dwellings with the total land possibly achieving this number again resulting in an approximate total of 286 dwellings. The submitted application should be seen in this context however it should also be judged as a separate application given that any future applications would be judged on their own merits and against the provisions of extant policy at the time of their submission.
This application seeks approval for the erection of 43 dwellings including roads, parking, drainage infrastructure and public open space. The development would include a variety of house types arranged around a central area of open space. Vehicular access to the site would be provided by opening up Clover Avenue, Reayrt Ny Keylley which is currently a cul-de-sac however it has been set out that future phases of development would include an access from Poortown Road.
The application seeks full approval for the proposed development and as such is limited in scale to 43 dwellings. However, the inclusion of information relating to future development on land adjacent to the application site along with elements of the proposed layout which clearly allow for further phases suggests that future applications are likely to be submitted.
The proposed development would be served by a temporary stand alone sewage treatment plant in recognition that the drainage infrastructure currently serving Peel is at capacity and as such would not be capable of servicing the additional flows which would result from the dwellings. The sewage
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plant would be located to the south of the development and it is stated that its use would continue until the development could be linked up to Peel's improved mains drainage systems. The Department of Transport Drainage Division has confirmed that the delivery of IRIS within Peel is still some time away, with land ownership, design and planning permissions all still required, however an approximate timescale is 5-6 years. An added complication exists for the connection of this development to the public foul system in that sections of the foul sewer network in Derby Road and further downstream at East Quay surcharge and flood during rainfall events. To address this, certain sections of the foul network will need to be upgraded in the future but at present the Drainage Division is committed to delivering IRIS within Peel and such upsizing schemes are yet to be developed and will of course be subject to Treasury funding. It is not envisaged that these schemes will commence before IRIS is online with Peel and therefore the Drainage Division has stated that it will not permit any discharge until both the IRIS sewage treatment works is commissioned and the necessary upgrading works have been completed. The applicant sets out that once connection to the public sewer is possible, the temporary plant would be decommissioned.
The dwellings proposed include terraced, semi-detached and detached properties with associated parking. It is stated by the applicant that the dwellings have been designed to reflect "the appearance and character of older parts of Peel, whilst still recognising the immediate context and requirements of modern edge-of-town development."
PLANNING HISTORY
The site has been the subject of a previous application, 06/01393/A which sought approval in principle for the residential development of Fields311825, 311826, 311827, 314444 and 315097, Ballawattleworth Farm in accordance with the densities and indicative highway layout shown on the enclosed master plan. This application proposed a total of 458 dwellings. The Planning Committee resolved to refuse this application for the following reasons:
R1. The proposed development would be premature in that:
a) the Strategic Plan indicates that, in the West of the Island during the Plan Period (2001 - 2016), there is a need for only 1000 dwellings, of which 814 have been, or can be, provided by existing approvals, by conversions, and by windfall sites; a further 173 dwellings have been approved on the adjoining land to the west; and
b) the proposed development would create a demand for more school places than currently exist or for which there are proposals.
R2. In any case, the proposed Master Plan
a) proposes housing at a generally inappropriately high density for an "edge of town" site;
b) proposes an abrupt interface between the built development and the countryside which would have an adverse impact on the landscape; and
c) proposes a layout which would have little in common with the local character of Peel.
A request for an appeal into this decision was made by the applicant but this was subsequently withdrawn. The application now submitted is intended to overcome these reasons for refusal.
PA09/00883/R is a current application which seeks retrospective approval for the temporary storage of construction materials from housing development site, field 315097, adjacent to housing development under construction (Reayrt Ny Keylley). This application follows on from PA07/02224/R which sought retrospective approval for the temporary storage of soil from housing development on the site. This was approved with the following conditions attached:
C1. "This permission relates to the storage of soil taken from the development site immediately to the west, for a temporary period of two years which will expire on 30th November, 2009 (which is two years from the date of submission) or until such times as the residential development is completed, whichever is the sooner. Upon completion of the development or at the expiry of two years as above all deposited soil must be removed from the site, the temporary fencing removed and the site used in conjunction with the remainder of field 315097 as Open Space /Agriculture"
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C2. "The soil may be stored at a height not exceeding 6.5m above original ground level."
PA09/00883/R is currently pending determination by the planning Authority.
PLANNING STATUS
The site is identified within the Peel Local Plan as being Proposed Residential. Paragraph 5.3 states that "Land for residential development on the perimeter of the town will be allocated." Paragraph 5.8 goes on to set out that "The extension of the town by the allocation of residential land is based on the policies set out in the 1982 Development Plan." Paragraph 5.12 advises that "The total areas allocated, in conjunction with the policy of providing additional residential accommodation based on the old town, are considered adequate for the town's need at the present time." Paragraph 5.14 states that "New residential development will be to appropriate densities in order both to meet the requirements of the population and to reduce the impact on the countryside.
Within the Isle of Man Strategic Plan the following policies are considered relevant to the determination of this application:
Strategic Policy 1, which 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."
Strategic Policy 2, which states:
"New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."
Strategic Policy 3, which states:
"Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by:
(a) avoiding coalescence and maintaining adequate physical separation between settlements; and
(b) having regard in the design of new development to the use of local materials and character."
Strategic Policy 5, which states:
"New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies."
Strategic Policy 10, which states:
"New development should be located and designed such as to promote a more integrated transport network with the aim to:
(a) minimise journeys, especially by private car;
(b) make best use of public transport;
(c) not adversely affect highway safety for all users, and
(d) encourage pedestrian movement."
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Strategic Policy 11, which states:
"The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 6000 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2001 to 2016."
Spatial Policy 2, which states:
"Outside Douglas development will be concentrated on the following Service Centres to provide regeneration and choice of location for housing, employment and services
Area Plans will define the development boundaries of such centres so as to provide a range of housing and employment opportunities at a scale appropriate to the settlement."
Spatial Policy 5, which states:
"New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3."
General Policy 2, which 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;
(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."
Environmental Policy 42, which 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."
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Housing Policy 1, which states:
"The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 6000 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2001 to 2016."
Housing Policy 2, which states:
"The Department will seek to ensure an adequate supply of housing land, based on the level of provision indicated in Housing Policies 1 and 3. The Department will keep under review land that is allocated for residential development in existing Local Plans and in the Area Plans to ensure that the land is available for development, to enable the number of dwellings to be built that are set out in Housing Policy 1. Where it appears to the Department that land that is allocated for development in a Local Plan or an Area Plan is not available for development, then it will consider, through a review of the Area Plan, making alternative land available and retaining the unavailable land in a land-bank for possible future development. In doing so, the Department will have regard to any phasing proposals for the development of land that are identified in the Area Plan."
Housing Policy 3, which states:
"The overall housing provision will be distributed as follows:
Housing Policy 4, which 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."
Housing Policy 5, which 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."
Housing Policy 6, which states:
"Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."
Recreation Policy 3, which 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
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provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan."
Community Policy 7, which states:
"The design of new development and the extension and refurbishment of existing buildings and development must, as far as is reasonably practical, pay due regard to existing best practice so as to help prevent criminal and anti-social behaviour."
Transport Policy 1, which states:
"New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes."
Transport Policy 2, which states:
"The layout of development should, where appropriate, make provision for new bus, pedestrian and cycle routes, including linking into existing systems."
Transport Policy 4, which 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."
Transport Policy 6, which 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."
Transport Policy 7, which states:
"The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
REPRESENTATIONS
The Department of Transport Highways Division does not object to this application.
The Department of Transport Drainage Division does not object to this application subject to conditions.
The owner/occupier of 3 Elm Drive, Ballawattleworth, Peel objects to this application on the grounds that PA06/01393/A was refused partly on the basis that the 1000 dwellings set out by the Strategic Plan as being required for the West had been met and that there is no demand for additional houses in Peel.
The owners/occupiers of Three Peaks, Poortown Road, Peel object to this application making specific reference to the reasons for refusal of PA06/01393/A and stating that these reasons for refusal are pertinent to this application. Its set out that the application is a precursor to further development and it is questioned whether there is demand for additional housing in Peel. The traffic implications of the proposal are also raised as a concern.
The owner/occupier of Viewmount, Close Quane, Peel objects to this application on the grounds that the information submitted as part of the application indicates that up to 300 dwellings would be created in total on the land designated for residential development, the temporary stand alone sewage treatment plant would have maintenance costs and would result in the emission of odours.
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and that there is no demand for additional houses in Peel. It is stated that development should not take place until either 2016 or such time as any properties can be serviced by mains sewers.
The owner/occupier of 15 Close Quane, Peel objects to this application stating that the reasons for refusal of PA06/01393/A still hold true. It is also considered that the application will lead to further development as indicated in the supporting information accompanying the application. Specific reference is made to the lack of dedicated cycle paths and the appropriateness of the temporary sewage treatment plant.
The owner/occupier of 3 Clover Avenue, Reayrt Ny Keylley, Peel objects to this application on the grounds that the development would open up the cul-de-sac on which their property is located and cause increased noise, traffic and hazards to persons living on the cul-de-sac.
Peel Town Commissioners object to this application stating that Peel has been the subject of extensive and sufficient housing development, that the Town's infrastructure would be adversely affected (reference is made to the local Primary School being at capacity) and that the proposed use of a temporary sewage treatment plant indicates that the Town has reached its capacity as far as sewage disposal is concerned.
The owner/occupier of Seacliffe, Old Castletown Road, Ballaveare, Braddan does not object to the principle to the development however it is stated that the application is premature and that the plans are confusing showing 44 plots on some plans but not others.
The owner/occupier of Sea Peep, Poortown Road, Peel objects to this application making reference to the reasons for refusal of PA06/01393/A and raising concerns regarding the intentions of the applicant to develop a total of 286 dwellings. The appropriateness of the proposed temporary sewage treatment plant is questioned as is the use of the access from Poortown Road. It is stated that there is no demand for additional houses based on a search of properties for sale in Peel being marketed by estate agents.
The owners/occupiers of 5 Clover Avenue, Peel objects to this application on the basis that the development would involve the opening up and use of the cul-de-sac which serves their property. Concerns are also raised relating to how the local Primary School will cope with the demand created by the proposed development.
The owners/occupiers of Sea Peep, Poortown Road, Peel object to this application making specific reference to the reasons for refusal of PA06/01393/A and stating that these reasons for refusal are pertinent to this application. Its set out that the application is a precursor to further development and it is questions whether there is demand for additional housing. The traffic implications of the proposal are raised as a concern
The owner/occupier of 8 Oak Road, Peel objects to this application on the basis that the application makes reference to a future roundabout connecting Peel Road and Poortown Road which may encourage the use of Oak Road by large vehicles and that the proposed temporary sewage treatment plant could pose health problems.
ASSESSMENT
The proposed residential development is in accordance with the land designation of the site as set out by the Peel Local Plan. The site has formed part of a previous application (06/01393/A) which covered the entire area of land between Poortown Road and QEII High School which is designated in the Local Plan as being for Predominantly Residential use. This application was refused on the grounds that the number of dwellings proposed would be premature when assessed against the number of dwellings required in the West as set out by the Strategic Plan. Concerns were also raised with regard to the impact upon the local schools and a further reason for refusal was based on the proposed density of development, its interface with the countryside and its failure to have regard to the character of Peel in terms of its layout.
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The submitted application differs significantly from the previously refused application, particularly in terms of scale. This application proposes 43 dwellings as opposed to 458 and the current application relates to only part of the land designated as being for Predominantly Residential use. It should be borne in mind that the application provides a clear indication of future phases of development however these would form the basis of future applications and would be assessed as and when they are submitted.
Housing Figures
The principal objective of the Government's housing policy is to ensure that sufficient housing, to appropriate standards, is made available to meet demands created by the growth in population and changing household sizes. Housing Policy 1 sets out that "The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 6000 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2001 to 2016" and Housing Policy 2 establishes the Department's aim to ensure an adequate supply of housing land, based on the level of provision indicated in Housing Policies 1 and 3, is provided.
The Department recognizes that the predicted growth in population and changes in household size are subject to a wide range of influences. Accordingly an approach has been adopted which does not make specific provisions for a total number of houses for the Plan Period but rather to Plan, Monitor and Manage. Regular assessment of changes in the total population and in household size will enable corresponding changes to be made in the provision of new housing land. A broad approach to planning the provision of housing (and in particular to determining the amount of land needed to be allocated for housing in Area Plans). This approach involves:
The monitoring of housing figures takes into account the number of approved developments taken up and the number of windfalls and conversions which may come forward in order to ensure that accurate data is available. The most up to date figures (at 30th June 2008) show that the housing target of 6000 units to be provided up to 2016 has not yet been met, although the figures do vary considerably between the four areas (North, South, East and West). Without taking into account the projected conversion and windfall figures, the housing targets have a current shortfall of 1032 units with the west having a shortfall of 54. If the projected conversion and windfall figures are included in the total sum, the West would exceed its housing target figure by 79 units.
Clearly there is an element of judgement required in the assessment of applications for additional dwellings in areas which, according to most up to date projections, may be at the point of exceeding their housing target figures. On the one hand, if a pessimistic view of the projected windfall and conversions for the West is adopted, the proposed development would add 43 units to a current projection of 946 totalling 989, some 11 units below the overall target for the west of 1000 units by 2016. If on the other hand an optimistic view is taken and all of the projected windfall and conversions materialise, there could be 122 units provided over the housing target figure for the West.
The midway point between these figures is an overall provision of 1055 dwellings in the West based on the most up to date figures. It should be acknowledged that the provision of 1000 in the west by 2016 has to take into account the time taken for construction to ensure that the housing target of 1000 units for the West is met on the ground by 2016. It is also reasonable to take into account the current economic climate which is likely to reduce the likelihood of windfall and conversions coming forward.
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Whilst there is clearly a desire to control the number of residential units in line with the housing figure projections for each area set out within the Strategic Plan, it is judged that the addition of 43 dwellings does not constitute a gross departure from the most up to date housing figures so as to warrant the refusal of this application for this reason alone.
Design and Layout
The proposed development would represent an extension to the existing Reayrt Ny Keylley estate and in doing so would breach the existing linear boundary which defines the estate. In plan form the development appears as a projection from the existing built form however on the ground this somewhat abrupt interface would not be as appreciable.
The layout of the proposed dwellings is considered to be largely successful in providing an acceptable level of amenity to future occupiers, having regard to the design and layout of Reayrt Ny Keylley and incorporating visual references to the older parts of Peel. Each dwelling would be served by two car parking spaces in accordance with current standards and the use of materials would be in-keeping with the properties to the west. The terraced properties in particular would contribute to providing a sense of place by incorporating a variety of fenestrations and materials and being arranged in around a central area of open space.
The proposed layout does raise some areas of concern which have been relayed to the applicant for consideration. It was considered that whilst it is clear from the supporting material that the application has been submitted with a view to further development of the land to the east of the site, it would be more appropriate for the proposed development to have a layout which does not make physical links with future phases as these would have to be assessed on their own merits. With regard to this point, it was considered that the road ways which terminate at the edge of the application site should have been revised and that landscaping to the edge of the proposed development should be incorporated to ensure that if this proposed development where to represent the edge of the built form, its interface with the countryside would be softened. More detailed matters were also raised such as the treatment of boundaries adjacent to parking areas however these suggestions were not taken up by the applicant. It has however been accepted that should the application be approved, a condition requiring a scheme of landscaping to be submitted could be attached with the intention of ensuring that the edge of the development would be softened.
It is judged that whilst it would have been preferable for the issues set out to have been resolved, they are not of a weight to render the application unacceptable. The main issue is considered to be the treatment of the edge of the development and it is judged that a condition would be an acceptable way of overcoming this concern.
Highway Issues
The application proposes the use of Clover Avenue as an access serving the proposed dwellings. This would involve the opening up of what is currently a cul-de-sac to allow access to the site via Reayrt Ny Keylley. This element of the development has raised objections from occupiers of Clover Avenue who feel that the use of the road as an access would have detrimental impacts upon their amenity and on road safety. The Department of Transport Highways Division has not objected to the development and as such does not consider the use of the road as proposed to be unacceptable. The issue of amenity is separate to road safety and whilst the use of the road as an access would undoubtedly change the character of the existing cul-de-sac, it is not considered that this would result in an unacceptable impact upon the amenity of properties located on Clover Avenue. The resulting situation would not be unlike other roads within Reayrt Ny Keylley or indeed other modern residential estates. During construction, a temporary access from Poortown Road would be used to accommodate most of the construction traffic serving the proposed development.
Drainage
The development would be served by a temporary sewage treatment plant which would be situated to the south west of the site. The decision to propose a stand alone treatment plant is the result of
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the inability of the existing drainage infrastructure which serves Peel to accommodate additional loads. The temporary treatment plant would be constructed so as to be largely underground and the area would be fenced. It is stated that when the development can be connected to the mains sewers, the temporary plant would be decommissioned and removed from the site.
The Department of Transport Drainage Division has confirmed that the delivery of IRIS within Peel is still some time away, with land ownership, design and planning permissions all still required, however an approximate timescale is 5-6 years. An added complication exists for the connection of this development to the public foul system in that sections of the foul sewer network in Derby Road and further downstream at East Quay surcharge and flood during rainfall events. To address this, certain sections of the foul network will need to be upgraded in the future but at present the Drainage Division is committed to delivering IRIS within Peel and such upsizing schemes are yet to be developed and will of course be such to Treasury funding. It is not envisaged that these schemes will commence before IRIS is online with Peel and therefore the Division will not permit any discharge until both the IRIS sewage treatment works is commissioned and the necessary upgrading works have been completed.
The Drainage Division has commented on this application stating that it does not object subject to conditions which would have the effect of preventing the connection of the development to public foul system until the IRIS regional treatment plant has been constructed and commissioned within Peel and the necessary sewer upgrading works within the downstream foul sewer network have been undertaken. Whilst it would be preferable for the development to be connected to the public sewer system from the outset, when situations arise where this is not possible, suitable alternatives must be considered. In this case, the Drainage Division has assessed the proposed development and has concluded that the application is acceptable with regard to the proposed drainage provision.
ADDITIONAL REPORT FOLLOWING PLANNING COMMITTEE MEETING HELD 9th OCTOBER 2009
The Planning Committee deferred consideration of this application at its last meeting pending further information on the following issues:
Master plan - The Committee wished to see the proposed development in the context of a wider masterplan. The information submitted as part of the application includes a drawing which shows the proposed development in the context of possible further phases of development. At this time, the master plan only needs to demonstrate that the approval of this application would not prejudice future development. Development planned for outside the defined site must be treated as being indicative only and would be assessed at such time that an application is submitted to the Planning Authority which would be determined against the provisions of the Development Plan and material considerations.
Consultation with the Department of Health and Social Security (DHSS) - A response has been received from the DHSS Director of Estates Services which sets out that on the assumption that there were 4 person per dwelling (4 x 43 = 172), "then that would not be an issue for Primary Health Care". On the basis of this, it is judged that the proposed development would not have an unacceptable impact upon the services provided by the existing healthcare facilities serving Peel.
Consultation with the Department of Education (DOE) - At the time of writing this additional report, no response has been received to a further request for comments relating to the impact of the proposed development on education provision.
Drainage - Clarification has been sought with regards to the proposed drainage. It has been confirmed by the applicant that the proposed temporary treatment plant would be located at the lowest point of the site in order to assist with its operation. It has also been clarified that the drainage infrastructure would include the necessary equipment to allow connection to IRIS once this is possible, including dry connections which would allow connection with limited additional expense. The applicant has confirmed that a bond is required by the Department of Transport Drainage Division and that this would cover the interim treatment plant and the future connection to IRIS. With
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regard to the capacity of the proposed sewage treatment plant, this would be sufficient to support the proposed development and any future approved development on adjacent land. This would seem to be a reasonable approach to adopt essentially providing the necessary infrastructure for future development which is capable of serving the development now proposed.
At the previous Planning Committee meeting, Infrastructure Policies 1 and 2 were referred to by the planning officer. These policies set out the following:
Infrastructure Policy 1:
"With the exception of individual plots or very small-scale schemes (equivalent in scale to an individual plot), development shall only take place in areas which will ultimately be connected to the IRIS system." (bold used for emphasis).
Infrastructure Policy 2:
"Full details of all interim drainage arrangements for development in areas awaiting connection to IRIS shall be submitted to and approved by the Department of Local Government and the Environment before development is commenced." (bold used for emphasis).
The inferences that can be made from the above policies are that development can only take place in areas which ultimately will be connected to IRIS and that in the meantime, interim drainage arrangements must be approved by the Department of Local Government and the Environment (presumably in consultation with the Department of Transport Drainage Division). It is therefore judged that provision is made for developments such as this on land which the DOTDD has confirmed will ultimately be connected to IRIS.
ADDITIONAL REPORT FOLLOWING PLANNING COMMITTEE MEETING HELD 29th OCTOBER 2009
The Committee expressed concerns that, with the revision to the IRIS scheme and the timescale for the provision of a regional treatment plant being constructed and commissioned within Peel unknown, the sewage works could be in place for many years.
The Committee resolved that the matter should be deferred and the Drainage Authority be invited to advise the Committee on its proposed timescale for the construction and commissioning of the IRIS regional treatment plant within Peel. It was also requested the Authority's assessment of the environmental impact on the surrounding area should also be sought. The Chairman directed that the application should be brought back to the meeting to be held on the 12th November 2009.
The planning officer has consulted with the Environmental Protection Unit (EPU) of the Department of Local Government and the Environment in order to investigate further any issues that may arise as a result of the proposed temporary sewage treatment plant. Information received sets out the British Standard governing the distance of residential properties from sewage treatment plants is 25 metres. It was also ascertained that the proposed sewerage system is a recognised method of draining a site and that each component is enclosed reducing any odour or noise emissions from the plant. The system would be required to be licensed by EPU and Building Regulations which would require regular monitoring to take place.
Verbal correspondence from the Drainage Authority has set out that it is likely that the time frame for IRIS being implemented in the West would be affected by recent economic events however it is not at present possible to confirm how the project would be affected.
With regard to Condition 5 previously recommended to be attached to the approval, it is judged that this should be omitted as the deferral of the application pending a legal agreement relating to Affordable Housing being entered into by the applicant would be the mechanism by which such provision would be secured.
3 November 2009
09/00521/B
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The recommended Condition relating to the removal of the temporary sewage treatment plant has been amended to now include a time period for compliance.
Conclusions
The assessment of this application is finely balanced. The proposed development is considered to be substantially different to the previously refused application 06/01393/A by virtue of its scale which equates to approximately 10% of the units proposed by the refused scheme. The proposal should nonetheless be seen against the backdrop of further future development which has been clearly indicated by the applicant.
The Department of Transport Drainage and Highway Divisions do not object to the application and it is judged that on the whole the design and layout of the development is acceptable. It is considered that the proposed development accords with the relevant policies set out within the Strategic Plan.
With regard to concerns relating to the number of dwellings proposed, it is considered that at the scale proposed, the development would not represent a gross departure from the Department's most up to date housing figures. It is possible that due to the current economic downturn, the number of dwellings proposed by this application could fall within the 1000 target set out by the Strategic Plan. On the other hand, the development could contribute towards an over provision of 122 dwellings in the West. However it is not considered that this would have an impact on either the general distribution of houses across the Island or the area surrounding the application site so as to warrant the refusal of this application.
It is important however to set out at this point that future applications should form part of an overall master plan and must demonstrate a development of lower density which respects the interface with the adjoining open space. Such applications will be assessed against the Strategic Plan and against the housing figures available at that time.
The site is allocated for housing in the local plan. Given the scale of development there is little to justify that it would put an unacceptable pressure on existing services. There are no objections from any service providers.
RECOMMENDATION
It is recommended that this application be deferred pending the completion of a legal agreement which secures at least 25% of the dwellings as affordable units. On completion of a legal agreement, it is recommended that the application be approved subject to the conditions set out at the end of this report. This conclusion is reached having regard to previous concerns relating to the over provision of houses in the West, however this issue is a matter of fact and degree. At the scale proposed, it is considered that the development would not depart from the Department's aim to provide sufficient housing to such an extent to justify refusal.
PARTY STATUS
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
Accordingly the following parties are not granted Interested Party Status:
3 November 2009
09/00521/B
Page 13 of 15
The owner/occupier of 8 Oak Road, Peel The owner/occupier of Seacliffe, Old Castletown Road, Ballaveare, Braddan The owner/occupier of 3 Elm Drive, Ballawattleworth, Peel The owner/occupier of 15 Close Quane, Peel The owner/occupier of Viewmount, Close Quane, Peel
Recommendation
Recommended Decision: Defer Legal Agreement
Date of Recommendation: 28.09.2009
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
O : Notes attached to refusals
C 1.
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2.
This approval relates to the residential development of 43 dwellings, including roads, drainage infrastructure, and open space, Parts of Fields 315097, 311825 and 311826 Adjoining Reayrt Ny Keylley to the South of Derby Road/Poortown Road, Peel as shown by 2313/2/100, 2313/2/101, 2313/2/102, 2313/2/103, 2313/2/104, 2313/2/105, 2313/2/106, 2313/2/107, 2313/2/108, 2313/2/109, 2313/2/110, 2313/2/111, 2313/2/112, 2313/2/113, M125 Rev A, 2313/ADR/500, Treatment Works Details and Masterplan Document all received 24th March 2009.
C 3.
All planting, seeding or turfing comprised in the approved details of landscaping shown on approved drawing 2313/2/113 Landscaping Layout must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the 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.
C 4.
Prior to the commencement of works there must be submitted to and approved by the Planning Authority a scheme of landscaping along the eastern boundary of the approved development. Such landscaping must be of a substantial nature so as to soften the edge of the development. All planting, seeding or turfing comprised in the approved details of landscaping shown on the approved drawing must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the 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.
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09/00521/B
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C 5. Prior to the occupation of any dwellings, the road layout shown by approved drawing 2313/2/113, including parking areas, must be laid to at least base course level and the parking associated with the development must be available for use by occupiers of the dwellings.
C 6. No development shall take place, until a Construction Method Statement has been submitted to, and approved in writing by, the Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: i) the parking of vehicles of site operatives and visitors; ii) loading and unloading of plant and materials; iii) storage of plant and materials used in constructing the development; iv) wheel washing facilities; and v) measures to control the emission of dust and dirt during construction.
C 7. No connection from the temporary standalone treatment plant or proposed pumping station will be permitted to the existing public foul system until such time as: i) The IRIS regional treatment plant has been constructed and commissioned by the Drainage Division within Peel, and; ii) The necessary sewer upgrading works within the downstream foul sewer network have been undertaken.
C 8. There must be no discharge of surface water to the main foul sewer. C 9. On completion of the approved development, the temporary access from Poortown Road must be closed off so as to match the roadside boundary either side of the access.
C 10. Once connection from the temporary standalone treatment plant or proposed pumping station to the existing public foul system is complete and the necessary sewer upgrading works within the downstream foul sewer network have been undertaken, the temporary sewage treatment plant and all associated infrastructure must be de-commissioned and removed from the site within 3 months of connection to the public foul system being complete.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : 8551555 Committee Meeting Date : 13.11.2005.
Signed : \qquad dpoctrnalay \qquad Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
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