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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. 20/00787/B Applicant : Ravenhill Resources Ltd Proposal Full approval for three dwellings on plots 2,4 and 6 with drainage, access and landscaping and Approval in principle for two dwellings on plots 1 and 3 addressing siting, landscaping drainage and means of access. Site Address Field 314758 Main Road St Johns Isle Of Man

Case Officer :

Miss Lucy Kinrade Photo Taken :

Site Visit :

Expected Decision Level Planning Committee

Recommendation

Recommended Decision: Permitted Date of Recommendation 06.07.2021

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval, in relation to plots 2, 4 and 6 or before the expiration of two years from the date of approval of the last of the reserved matters, in relation to plots 1 and 3.

Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019

C 2. The development hereby approved shall be begun either before the expiration of four years from the date of this approval, in relation to plots 2, 4 and 6 or before the expiration of two years from the date of approval of the last of the reserved matters, in relation to plots 1 and 3.

Application for approval of all of the reserved matters in relation to plots 1 and 3 shall be made to the Department before the expiration of two years from the date of this approval.

Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019

C 3. The development works hereby approved, including any clearance or preparatory work shall be undertaken in accordance with the submitted 'Written Scheme of Investigation for Archaeological Evaluation' prepared by Wardell Armstrong dated February 2021.

Reason: To ensure that archaeological remains and features are adequately recorded and protected and the works are suitably supervised by a qualified archaeologist.

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C 4. Prior to commencement of the development hereby approved an Arboricultural Method Statement shall be submitted and approved in writing by the Department providing details of the following: a) Technical details of how the proposed protection measures will be implemented b) A method statement for the installation of the foul drainage connection along the access lane which runs through the adjacent property, Balladoyne Farm. c) An Arboricultural Monitoring Programme (AMP) providing a schedule of a monitoring and reporting programme of all on-site supervision and checks of compliance on all arboricultural matters. The AMP shall include details of an appropriate Arboricultural Clerk of Works (ACoW) who shall conduct such monitoring and supervision, and a written and photographic record shall be submitted to the Department at scheduled intervals in accordance with the approved AMP.

Reason: To ensure that retained trees are adequately protected during the construction process, in the interests of preserving these existing landscape features and the amenity they provide to the area

C 5. The tree protection measures shall be fully installed, implemented and monitored as described in the Tree Protection Plan (drawing number 0725/PL104 Rev A) and the approved Arboricultural Method Statement required by condition 4.

Reason: to ensure that the agreed tree protection measures are properly implemented, in the interests of preserving the amenity retained trees provide to the area.

C 6. Prior to the occupation of any approved dwelling a tree planting plan shall be submitted to and agreed in writing by the Department. Where applicable the plan shall adhere to the recommendations of BS8545:2014 (Trees: from nursery to independence in the landscape - recommendations) and in all cases shall include details of the exact location, species, nursery specification and planting specification of each tree (or group of trees) to be planted and the approximate date when they are to be planted. The tree planting shall take place as agreed and any trees which, within a period of 5 years from their first planting, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation.

Reason: to ensure that the agreed tree protection measures are properly implemented, in the interests of preserving the amenity retained trees provide to the area.

C 7. Prior to the occupation of any dwelling hereby approved, the waste bin collection point as shown on drawing 0725/PL103 Revision H must be provided and shall be retained thereafter.

Reason: to ensure suitable amenity for refuse collection.

C 8. No works in connection with the development hereby approved shall commence unless a Lighting Design Strategy for Biodiversity for has been submitted to and approved in writing by the Department. The strategy shall as a minimum include reference to Appendix VII of the Preliminary Ecological Appraisal report dated March 2020.

All external lighting shall be installed in accordance with the specifications and locations set out in the approved strategy, and no other external lighting shall be installed without prior consent from the Department.

Reason: In the interests of protecting and enhancing the biodiversity of the environment.

C 9. The development hereby approved including preparatory and clearance works shall be carried out in accordance with the recommendations and requirements of the Preliminary Ecological Appraisal report dated March 2020 specifically the Reasonable Avoidance Measures

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identified in Sections 6.7, 6.8, 6.11 to 6.16, and the management prescriptions detailed in Section 6.25. The identified avoidance measures and mitigation shall be adhered to, implemented in full and maintained thereafter.

Reason: To provide adequate safeguards for the statutorily protected and ecological species existing on the site and to ensure no spread of non-native plant species

C 10. No development, site works or clearance relating to the construction of the dwellings, turning head, internal access road and/or any other associated works shall be commenced until the temporary construction access as shown on drawing 0725/PL103 Rev H has been constructed and carried out in full accordance with the approved details.

Reason: To ensure appropriate construction access is provided.

C 11. In the event that the construction access is no longer required or following 18 months of the access first coming in to use, whichever is the earliest, the temporary access shall be removed and the land restored in accordance with the remediation details approved on drawing number 0725/PL103 Rev H. The remediation shall be carried out within 3 months of the day of last use of the access.

Reason: To ensure that any construction access is provided without compromise to the free flow of traffic or highway safety. It has also been approved on a temporary basis only as set out in the application and its proper removal will ensure the open space, proposed Conservation Area and ecology are appropriately protected.

C 12. The visibility splays of the temporary construction access hereby approved shall be maintained for the duration of its approved use with no obstruction greater than 1.05 metres above adjoining road level.

Reason: in the interest of highway safety.

C 13. For the avoidance of doubt there shall only be one temporary construction access installed on field 312711 at any one time.

Reason: to avoid the culmination of temporary construction accesses in the interest of visual amenity.

C 14. Prior to the commencement of any works on site details of fencing and measures to restrict the movement of construction vehicles relating to the approved development through the Balladoyne Estate shall be submitted to and approved in writing by the Department and thereafter the development shall only be carried out in accordance with those details as approved and retained for the full duration of the construction works.

Reason: there shall be no construction access via Balladoyne estate in the interest of highway safety and neighbouring amenity.

C 15. Prior to the first occupation of any dwelling hereby approved the permanent access and turning head shown on drawing 0725/PL103 Rev H must be provided in full accordance with the approved details and retained as such thereafter.

Reason: to ensure suitable permanent access in the interest of highway safety and amenity.

C 16. Prior to the first occupation of any dwelling the driveway parking, access and turning areas associated with that dwelling shall be provided in full accordance with Drawing 0725 PL103 Rev H and maintained free from obstruction at all times.

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Reason: to ensure suitable off road parking is provided for each dwelling.

C 17. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2012 or any order amending, revoking or re-enacting that Order no street lighting or lamp standards shall be erected under the terms of Class 12 of Schedule 1, unless in accordance with the Lighting Design Strategy for Biodiversity as approved under Condition 8.

Reason: In the interests of protecting and enhancing the biodiversity of the environment.

N 1. The application is reminded of their separate obligations under Wildlife Act 1990 and Highways Act 1986 to not cause harm to protected species or highway safety, along with the need to contact Department of Infrastructure as to S4 and s109(A) Highway Agreements.

This application has been recommended for approval for the following reason. Subject to suitably worded conditions the application is considered to satisfy highway, archaeological and ecological matters of the site and to have an acceptable amenity impact on the residents of Balladoyne by restricting construction access via the estate road.

Plans/Drawings/Information;

This approval relates to the following information and drawing numbers: o 0725/PL002 Rev A, 0725/PL004 Rev A, 0725/PL006 Rev A, Wardell Armstrong Written Scheme of Investigation for Archaeological Evaluation, covering letter and BS 8545:2014 Planting Specification all date received 17th March 2021. o 0725/PL103 Rev H and 0725/PL104 Rev A both date received 20th April 2021 o 0725/PL104 Rev A, Geoquest Associates Report and Preliminary Ecological Appraisal all date stamped and received 22nd July 2020. __

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: o Manx Utilities o Manx National Heritage

It is recommended that the owners/occupiers of the following properties 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 4(2): o The owners of Balladoyne Farmhouse, St Johns o The owners of Slieau Whallian, 6 Balladoyne Estate o The owners of Kiondroughad, 7 Balladoyne Estate

as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2020). __

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THERE ARE THREE OBJECTIONS FROM NEIGHBOURING RESIDENTS ALL OF WHO MEET THE REQUIREMENTS FOR INTERESTED PERSON STATUS.

THE SITE

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1.1 The site is an irregularly shaped parcel of land which sits on the southern side of the main A1 road running through St John's and between St John's Primary School and the Balladoyne residential estate comprising a mix of bungalows and dormer bungalows. The main part of the site measures around 2.8 acres and is set back from the main road running through St Johns, the red line also encapsulates two strips of land one running through field 312711 and joining with the main road nearest the Ballaharra standing stones, and the other between Balladoyne Farm and Balladoyne Estate. This site forms part of the larger area known in the St Johns Local Plan as Development Area 1.

PROPOSAL 2.1 The application seeks full detailed approval for the erection of three detached dwellings including drainage, access and landscaping for plots 2, 4 and 6; approval in principle for two detached dwellings addressing siting, drainage, means of access and landscaping on plots 1 and 3, the creation of a temporary construction access through field 312711 and the formation of an internal 4.8m wide access road linking with Balladoyne Estate road.

2.2 The dwellings proposed on plots 2, 4, and 6 would be of single storey construction; Plot 2: 21m long x 12m wide, 2.5m to eaves and 7m to central ridge with a 6m x 6m double garage; Plot 4: 26m long x 15m wide, 2.5 to eaves and 7m to central ridge (no garage), and Plot 6: 22m long x 15m wide, 2.5 to eaves and 7m to central ridge with a 9m x 7m triple garage. Across each of the dwellings are a number of projecting gables, large glazing and bi-folding doors including apex feature glazing, several roof lights across either side of the roof slopes and in addition to the general footprints each has a further pitched roof overhang providing shelter for a patio veranda. Two of the dwellings include stone cladding alongside a painted render finish and block-paved driveways for at least 2 vehicles.

2.3 Details are provided on Site Plan 20th April 2021 showing the foul drainage for each of the 5 dwellings connecting to the sewer at the main Peel Road, the siting of plots 1 and 3 are also shown on this site plan. Refuse bin collection is shown in an area nearest the Balladoyne estate road connection.

2.4 The proposed temporary construction access angles over field 312711 entering the site at Plot 1, the temporary access is to be 4.8m wide, laid in crushed stone and enclosed by fencing. It is to be retained for 18 months from first day of use and restored to its former condition following cessation. Tree protection fencing and root protection is shown on the tree protection plan dated 20th April 2021 with orange safety netting proposed for construction exclusion zones. Visibility from the proposed temporary access is 2.4m x 49m in both directions.

2.5 The original submission was for one dwelling with associated access arrangements, the remaining 5 plots were outlined in principle only.

PLANNING HISTORY 3.1 There have been several applications for development submitted across Development Area 1 over the years, including one concurrent application for two new dwellings submitted under PA 21/00365/A (yet to be determined).

3.2 PA's 20/00245/B and 15/00345/A were both approved for the creation of temporary construction routes across field 312711. The former was approved with conditions restricting its temporary period while the latter has now lapsed and cannot be implemented.

3.3 More recently 19/01324/B was approved at appeal for the erection of one dwelling. Constriction access for this application was requested via a temporary access through field 312711 or direct through the Balladoyne Estate, the Inspector found that the use of the Balladoyne estate road for construction vehicles serving development of just one dwelling to be acceptable and as such there was no condition preventing construction access using Balladoyne. The use of Balladoyne for construction traffic was a matter objected to by

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Balladoyne residents through the application process, particularly as Development Brief for Area 1 in the St John Local Plan states that there should be no construction traffic through Balladoyne.

3.4 19/01324/B was approved at appeal subject to a number of conditions relating to the need to provide information for archaeological matters, tree protection, full details of any temporary construction access and timing of its implementation and removal, provision of refuse collection, soft landscaping, no external lighting and all works to be carried out in accordance with the Preliminary Ecological Appraisal report.

3.5 Between those applications already approved at the site and those pending consideration (19/01324/B, 20/00245/B, 20/00787/B and 21/00365/B) there are different routes for the temporary construction access, and the latter 21/00365/B also relies upon the internal road of 19/01324/B for its permanent access, however this route is compromised by the layout of the dwellings within 20/00787/B originally submitted in July 2020.

o 20/00245/B - creation of new vehicular entrance and construction route from the A1 across field 312711 - APPROVED with conditions for its temporary period only and tree protection. o 19/01324/B - Erection of a detached dwelling - Approved subject to conditions o 15/00345/A - Approval in principle for a temporary access road for constructions traffic through field 312711 - Approved but not implemented and now expired

PLANNING STATUS AND POLICY 4.1 The application site is designated in the St John's Local Plan 1999 (SJLP) as Area 1 for 'residential development'. Where the construction access would run via Field 312711, this is designated as 'open space' and lies within the proposed St John's Conservation Area (CA) wherein the SJLP notes the contribution of the openness of the Field to village amenity, affording views of Slieau Whallian and the setting of Tynwald Hill. Such open space is protected by Policies OS/P/1 and OS/P/2 of the SJLP.

4.2 OS/P/1: Other than those areas specifically designated for development or zoned predominantly residential on the proposals map, no areas of open space shall be developed.

4.3 OS/P/2: No new development shall be permitted which would adversely affect the southerly open countryside views from Peel Road.

4.4 Area 1 of the SJLP was originally designated for low-density housing in the 1982 Development Plan, without compromise to Tynwald Hill and without vehicular access though the Balladoyne estate. Many residents of the Balladoyne estate were opposed to the development for reasons principally of additional construction traffic. Manx National Heritage (MNH) was concerned over potential impact on a medieval chapel and crop marks in fields west of Balladoyne estate. It was accepted that Area 1 should be designated for a limited number of dwellings with permanent access via Balladoyne estate but that construction access must not be via the existing estate road. Policy RES/P/1 and a Development Brief for Area 1 were included in the St Johns Local Plan 1999 specifying a maximum of six single-storey dwellings without dormers, subject to a detailed application being made for roads and sewers over the whole site and an archaeological investigation in consultation with MNH before any dwelling would be approved.

4.5 Res/P/1: Residential development shall be permitted within Development Area 1 in accordance with the following development brief.

"Development Brief a. The maximum number of units which may be developed on this site is six (6). b. All dwellings shall be single storey (dormer accommodation will not be permitted).

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                                      20/00787/B                                     Page  7  of  14

c. No detailed application for development of any dwelling will be approved until such a time as a detailed application for the installation of roads and sewers together with the indication of plots and landscaping, has been approved by the Planning Committee. d. The application for the development of the site must include an indication of the temporary route to be used by construction traffic and such route must not be through the Balladoyne estate. Such a temporary route must be removed and the site made good when construction works are completed. e. Permanent access to the site after the development is completed may be taken through the Balladoyne estate. f. No development may commence until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved by the Department. Such a scheme must be included as part of any detailed application for consideration and the applicant in strongly recommended to consult Manx National Heritage in this respect. g. Whilst field 9378 (that immediately behind Balladoyne Farmhouse) has been included within the development area, this land may only be used or developed in association with the existing adjacent properties (Balladoyne Farmhouse, "Allo" and 11, Balladoyne Estate and the building known as the Methodist Church) and may not be used for the erection of any new dwellings."

4.6 Further to St Johns Local Plan 1999, the Isle of Man Strategic Plan 2016 also contains a number of policies considered to be relevant in the assessment of the current application. St Johns is recognised in as a service village (Spatial Policy 3) and development here should make a positive contribution to the local distinctiveness while protecting any fabric or settings of ancient monuments (Strategic Policy 4), not harm local habitats (Environment Policy 4), ensure that the general standards towards acceptable development are followed to limit adverse impact on visual or neighbouring amenity (General Policy 2) and where a development brief exists works must be undertaken in accordance with it (Housing Policy 6) or in absence of a brief in accordance with paragraph 6.2. New development should be best located as to promote integrated transport networks, designed in accordance to highway standards and make suitable provision for pedestrian and cycle routes linking to existing systems and not compromising the attraction of existing railway routes or their potential as public transport facility (Strategic Policy 10 and Transport Policies 2, 3, 4 and 7). Housing Policy 6 also highlights that if a development brief exists that development

4.7 Strategic Policy 4: "Proposals for development must: a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2) , buildings and structures within National Heritage Areas and sites of archaeological interest; b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and c) not cause or lead to unacceptable environmental pollution or disturbance."

4.8 Strategic Policy 10: "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."

4.9 Spatial Policy 3 states (in part): "The following villages are identified as Service Villages: o St John's..."

4.10 Environment Policy 4: Development will not be permitted which would adversely affect: (a) species and habitats of international importance:

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i. protected species of international importance or their habitats; or ii. proposed or designated Ramsar and Emerald Sites or other internationally important sites. (b) species and habitats of national importance: i. protected species of national importance or their habitats; (1) Wildlife Sites are defined in Appendix 1 41 ii. proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or iii. Marine Nature Reserves; or iv. National Trust Land. (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats. Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward."

4.11 General Policy 2: "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 watercourses; 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."

4.12 Housing Policy 6: "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."

4.13 Transport Policy 2: "The layout of development should, where appropriate, make provision for new bus, pedestrian and cycle routes, including linking into existing systems."

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4.14 Transport Policy 3: "New development on or around existing and former rail routes should not compromise their attraction as a tourism and leisure facility or their potential as public transport routes, or cycle / leisure footpath routes."

4.15 Transport Policy 4: "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."

4.16 Transport Policy 7: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 German Commissioners - no objections (12/08/2020, 24/03/2021 06/05/2021) - No permission until access road has been provided, no objection to development in principle but should be considered in tandem with 21/00365/B which could result in overdevelopment of the site by stealth. Objections also given to the visibility splays encroaching on the Ballaharra Stones and pedestrian crossing. There are also no details given as to how they will address the road through Balladoyne already damaged by construction traffic and a bin collection point designated within consultation with the Commissioners. 04/2021).

5.2 Department of Infrastructure Highway Services - Do not oppose subject to conditions (03/08/2020) 22/03/2021 - As drawn, the proposal raises no significant highway safety or highway efficiency issues, allowing Highway Services to raise no objection subject to temporary access and construction route, turning head and sections being made permanent, dwelling parking and turning all to accord with Drawing 0725 PL103 Rev E with advisories indicated for S4 and s109 (A) Highway Agreements. A construction management plan is required for the temporary construction access. Only construction access for 19/01324/B can be taken from Balladoyne, with the temporary access serving the remaining plots.

5.3 Department of Infrastructure Flood Risk Management - no comments received as of (01/07/2021). The site is not recognised as being at any flood risk on recent maps.

5.4 DEFA Ecology and Diversity - Do not oppose subject to conditions (01/09/2020 and 06/04/2021). The Preliminary Ecological Appraisal (PEA) submitted is in order and an appropriate level of assessment has been undertaken. Conditions relating to no external lighting, works being carried out in accordance with the PEA in regards to nesting birds, lizards and non-native bluebells. Biodiversity enhancements are to be encouraged as part of the development along with the planting of native species at the site some of which are referred to in Table 4 of the PEA.

5.5 DEFA Forestry - Do not oppose subject to conditions (24/08/2020, 25/03/2021 and 07/04/2021) No concern with loss of turkey oaks, but the hedgerows to be removed have some ecological value and it would be reasonable to request a landscaping plan which includes some replanting within the site. Prior to commencement a method statement detailing the construction of the temporary access road should be provided to ensure no direct or indirect damage to trees, a tree protection and arboricultural method statement must be provided along with a tree planting plan. There are trees located along the lane where the proposed sewer is to run connecting with the main road, some of these trees could be damaged but not significant enough to justify delaying the application and such information can be included within a condition for the arboricultural method statement.

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5.6 Manx Utilities (MU) - originally commented on the application stating that there was insufficient information to demonstrate that the proposed dwelling can be satisfactorily connected to the existing public foul sewer situated in Balladoyne Estate minded of the levels between the public sewer and the proposed floor level of the dwelling being lower. It was recommended that the applicant submit a detailed design of the drainage infrastructure for review and approval by Manx Utilities. A subsequent comment was received from MU confirming NO OBJECTION but noted that the system as shown did not meet with the MU adoption requirements and will not be considered for adoption.

5.7 Manx National Heritage (MNH) - comments 27/08/2021. MNH Raise matters concerning potential archaeological, cultural and ecological consequences of the proposal and the likelihood of the site to contain a medieval chapel (a keeill) and a burial ground with human remains given its proximity to Tynwald Hill. MNH indicate the limited information and findings of the historic 2005 geophysical survey undertaken and the need to undertake far greater assessment of the site including excavations (preferably prior to development of a scheme) to ensure no remains have been missed. The results of such assessments would help to better understand the site to facilitate the best layout of development so as to avoid any sensitive areas of archaeological importance and where unavoidable remove such remains (at cost of developer). MNH has freely provided a Written Scheme of Investigation (WSI) for all parts of the land zoned for development known as Area 1 in the Local Plan. Comments also outline potential for nesting birds and bats on site and outline stipulations of the Wildlife Act 1990, best timing of works to avoid such habitats and the need to provide native planting.

5.8 The owners of Struan Beg, Foxdale - OBJECTION (19/08/2020, 16/03/2021 and 06/05/2021) - they highlight that they are the owners of Balladoyne Farmhouse, they raise concern that the land ownership form had not been completed although this is no longer a requirement as part of an application submission. They state that the proposal does not meet parts b), c) and d) of the St Johns Local Plan in that the inclusion of roof lights implies first floor accommodation, there is insufficient information provided for sewer system and the entire area should be developed as a single entity and not ad hoc. There is concern that construction access for all dwellings will be via Balladoyne estate since the Inspector of 19/01324/B concluded that the vehicles associated with the development of one house would be acceptable. There are environmental concerns in the loss of hedging and clearance works being undertaken at the site not in accordance with the PEA, and that sewer works now proposed along the lane have not been taken into consideration in the PEA and the impact of such works in unknown. The proposals for the turning head are now different to those details approved under 19/01324/B and clarification is required as to understand what is being implemented. There are similar inconsistencies in the temporary access route location between current and previous applications. The proposal blocks part of Area 1 and thus fails General Policy 2 (k) in prejudicing the development of this adjoining land.

5.9 The owners of Slieau Whallian - OBJECTION (22/09/2020 and 07/04/2021) - object to the use of the narrow Balladoyne estate road for construction traffic and concern for increase in residential and general traffic if more dwellings were built.

5.10 The owners of Kiondroughad, 7 Balladoyne Estate - OBJECTION (18/09/20210, 22/03/2021 and 27/04/2021) - concern for the use of Balladyone by all construction vehicles associated with the development of 5 dwellings. Concern also expressed for the site clearance works already undertaken at the site.

ASSESSMENT 6.1 The current application follows a previous scheme for a single dwelling on the site which was deemed to be acceptable by the Inspector and approved by the Minister on 29/01/2021. The Inspector considered the main issues to relate to the principle, provision of safe road access for construction and future occupation, archaeological interests and ecological matters.

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The scheme now for a further 5 houses (3 full detail and 2 in principle) would similarly have the same main issues to consider.

Principle 6.2 The application site is allocated for residential development for a maximum of six single- story storey dwellings, without dormers, served by roads and sewers for which an advance comprehensive layout is required to be approved as well as a programme of archaeological work provided, and there is to be no construction access via the Balladoyne estate.

6.3 Proposed is the erection of 5 dwellings coupled with the 1 already approved under 19/01324/B and thus bringing the total in line with the 6 referred to in Policy RES/P/1. Each of the proposed dwellings are single storey although the roof spaces would be capable of accommodating a second floor, each roof would contain only roof-lights and there are to be no dormers and in this respect would be compliant with Part (b) of Policy RES/P/1. The proposal includes a turning head at the end of the Balladoyne estate road and how access to each of the 6 plots would be achieved and there are details shown to demonstrate conceptually how drainage can be achieved. This level of detail mimics that considered sufficient by the Inspector of 19/01324/B and it would be unreasonable to not accept this level of detail now. Matters relating to safe access, archaeology and ecology are covered in more detail below but on a whole the principle of the proposal is considered to be acceptable in respect of the land use designation, RES/P/1 and GP2(a).

Access 6.4 A covering letter from the agent dated 08th March 2021 makes clear that permanent access to and from the completed development will be from the Balladoyne estate, however there is a lack of clarity as to which route is to be taken by construction vehicles. While the Inspector concluded that construction traffic for the development of 1 dwelling to be acceptable via Balladoyne, it is considered that the intensification of construction vehicles and their movements in connection with the development of 5 dwellings would be unacceptable leading to an unreasonable level of amenity impacts and traffic safety issues on the residents and users of the Balladoyne estate road as to warrant the temporary access mandatory this time around to ensure safe construction access throughout the duration of the works.

6.5 DOI Highway Services have indicated that the proposed temporary construction access is suitably designed to meet highway safety requirements and adequate visibility splays have been provided. Subject to suitably worded conditions the temporary access route would be acceptable so as comply with Policy RES/P/1, GP2(h) and (i) and TP4 of the Isle of Man Strategic Plan 2016 with respect to access and road safety and subject to a planning condition prohibiting the use of the estate road by construction traffic would comply with GP2(g) regarding the amenity of dwellings within Balladoyne estate. The latter prohibiting condition would be strictly in association with the 5 dwellings now proposed and would excluding the single dwelling approved under 19/01324/B which has approval to use Balladoyne for its construction traffic.

6.6 Policy RES/P/1 allows for the construction of up to six dwellings and it was perhaps envisaged that these would be built simultaneously rather than ad hoc and served by only one temporary access route. Minded of the alternative routes that have been put forward across a number of application of late it would not be unreasonable to action a condition which specifically restricts the number of temporary accesses to one only. This would limit the number of accesses in the interest of best safeguarding the open space of field 312711 that also sits within the proposed Conservation Area and contributes to the setting of Tynwald Hill and affords views of Slieau Whallian in line with Policies OS/P/1 and OS/P/2 of the local plan and Environment Policy 35 (EP35) of the Strategic Plan.

Archaeology

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6.7 It is clearly evident from comments put forward by MNH that there is potential for important archaeological remains including human burials to be to present across the application site and which should be adequately surveyed and investigated prior to works at the site. As part of their appeal case for 19/01324/B the agent liaised with MNH and sought to engage an external body in putting together a more detailed archaeological investigation in order to satisfy Condition 2 which required a programme of archaeological work and a written scheme of investigation and which has been satisfied. The submission for this application now includes the original 2005 geo-physical survey and the detailed 'Written Scheme of Investigation for Archaeological Evaluation' prepared by Wardell Armstrong in February 2021 which also suitably covers the application site for this proposal. A suitably worded condition will ensure that works at the site are undertaken in line with the detail set out in the WSI.

Ecology 6.8 The application has sought to provide a Preliminary Ecological Appraisal, detail for landscaping along with a planting specification for the site, this indicates existing hedges and trees which are to be retained and detail for new planting of hedging and trees. The Wildlife Act 1990 is separate legislation which protects nesting birds and other protected species such as bats and lizards on site. The retention of most of the existing landscape features coupled with the provision of new features presents an acceptable balance on site, and these works coupled with the safety measures for the protection of the trees will help to suitably protect local habitats in line with Environment Policy 4 of the Strategic Plan. It is appropriate to add suitably worded conditions to ensure the works are carried out in accordance with the submitted details.

Other Matters (drainage and dwelling design) 6.9 Concerns have been raised in respect of drainage at the site, further to 6.3 above the scheme sets out how, in broad terms, drainage can be provided within the site and that it would be achieved through connection to the mains sewer running along the road and the specialist detail of this system will be subject to the scrutiny of a Building Control application. Nevertheless, the comments from MU are noted and it may not be appropriate to allow a multiple unit housing development on the basis it could be connected to the main sewer whilst MU have indicated that this may not be possible. Further advice on this is being sought from MU and an update will be provided to the meeting, which may result in an additional condition or potentially deferral.

6.10 In view of the 3 individual dwellings proposed in full as part of this application, each is single storey and of a similar style to that already approved under 19/01324/B, their set back positioning from Peel Road beyond field 312711 will help to limit any unacceptable adverse visual impact from public views along the main road and without compromise the protective aims of Policies OS/P/1 and OS/P/2 or EP35. The closest house to the Balladoyne estate is plot 6, it is not argued that the development of a dwelling here will present a notable change to general outlook from the rears of No's 5, 6 and 7, however given the distances between the nearest elevations being between 23m - 29m it would not be considered that its development would present such an adverse harm to amenity as to impact on their general living conditions, also minded that existing and any new boundary treatment would help to limit indivisibility between the sites also.

6.11 Conditions in respect of reserved matters for plots 1 and 3 will be necessary, although it is accepted that their general siting would be acceptable along with the access details provided for the site which have already been summarised earlier in this report.

CONCLUSION 7.1 The scheme is considered to be acceptable in principle and subject to suitably worded conditions satisfies highway, archaeological and ecological matters of the site. The proposal is considered to have an acceptable amenity impact on those residents of Balladoyne with a further condition restricting construction access via Balladoyne estate necessary.

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INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status

8.3 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. __

I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted

Committee Meeting Date: 12.07.2021

Signed : L KINRADE Presenting Officer

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 See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

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PLANNING COMMITTEE DECISION 12.07.2021

Application No. : 20/00787/B Applicant : Ravenhill Resources Ltd Proposal : Full approval for three dwellings on plots 2,4 and 6 with drainage, access and landscaping and Approval in principle for two dwellings on plots 1 and 3 addressing siting, landscaping drainage and means of access. Site Address : Field 314758 Main Road St Johns Isle Of Man

Planning Officer : Miss Lucy Kinrade

Presenting Officer As above

Addendum to the Officer’s Report

The officer suggested a revision of C2 to remove the duplicated wording from C1 and to clarify which of the reserved matters were to be provided, their need to be submitted and approved in writing by the Department and that the works must be carried out in accordance with those details, this was agreed by the Members.

Further to C2, there were a number of objections by the applicant/agent as to the suggested wording of conditions 4, 8, 10 and 14 and specifically their wording requiring submission of details 'prior to' works starting on site and which they felt would unnecessarily prevent some preparatory work starting on site.

The meeting was adjourned to allow discussions between the agent, planning officer, principal officer and DEFA arboricultural officer to agree the wording of the conditions.

DEFA arboricultural officer was most concerned regarding the lack of information provided for the implementation of the root protection systems and that there was a lack of information submitted with the application for the protection of the trees along the lane where drainage is proposed, therefore it was agreed that C4 be amended to specifically relate to the area of the drainage along the lane, and that a separate new condition be added in respect of the root protection system to ensure when it is installed that it is over-sighted by a suitable qualified persons and evidence is provided to demonstrate this.

It was agreed that wording of Condition 8 be amended to 'Prior to the occupation of any dwelling..' that the required lighting information is provided which continues to reflect the detail set out in the applications PEA, and linked C17 can therefore remain unchanged.

C10 was agreed to be revised to remove the word 'clearance' and also to exclude the drainage lane as access to this drainage lane can be achieved via Peel Road and thus no access required through Balladoyne estate. Further wording is to be added to reinforce that the drainage lane is not to be used as a construction access route for any other part of the site.

Condition 14 is to remain as is and agreed by all parties.