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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. 20/01516/B Applicant : Department Of Infrastructure Proposal Erection of 21 dwellings with associated parking, landscaping, and amenities Site Address Bretney Infill Housing Development Temp Site Supply The Bretney Jurby Isle Of Man

Case Officer :

Mr Chris Balmer Photo Taken :

Site Visit :

Expected Decision Level Planning Committee

Recommendation

Recommended Decision: Permitted Date of Recommendation 25.10.2021

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

C 2. The individual dwelling/s hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

C 3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.

Reason: To control development in the interests of the amenities of the surrounding area.

C 4. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.

Reason: In the interests of the character and appearance of the site and surrounding area.

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C 5. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting (including tree planting) showing, type, size and position of each. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted.

Reason: To ensure the provision of an appropriate landscape setting to the development.

C 6. Prior to the commencement of any development (dwellings, Community Hub, access, highway works) hereby approved the six water storage tanks as shown on drawings No P34 & P35 and Fire Fighting Water Tank Farm Design Statement shall be completed and retained thereafter or until alternative means of water provision for firefighting purposes is provided.

Reason: To ensure adequate water for firefighting provision is provided.

C 7. The visibility splays identified on drawings Nr P36 & 2019 - 146 - C002 B; shall be constructed in accordance with the approved plans prior to the occupation of any dwelling or operation of The Community Hub and thereafter kept permanently clear of any obstruction exceeding 1050 mm in height above adjoining carriageway level.

Reason: In the interests of highway safety.

C 8. No development shall commence until a Construction Environmental Management Plan of the site has been submitted to and approved in writing by the Department. The Construction Environmental Management Plan shall identify environmental matters requiring consideration of ecological interest within the site and measures to avoid, minimise or mitigate negative impacts where appropriate, including a timetable for their implementation. The development shall not be carried out unless in accordance with the approved details.

Reason: To provide adequate safeguards for the ecological species existing to ensure the environment is protected on the site.

C 9. Prior to the commencement of any works a botanical/ecology surveys are required to be submitted and approved by the Department which shall identify: o protected lizard population that will be effected to ensure that an adequately sized translocation site is found and the translocation site will also need a full assessment for suitability and this will need to be demonstrated and should detail a mitigation plan including a schedule for the mitigation and methods proposed; o breeding bird assessment to ensure sufficient mitigation is provided for species of conservation concern such as skylark and barn owl (loss of feeding habitat); and o A mitigation plan for the species-rich grassland.

The development shall not be carried out unless in accordance with the approved details.

Reason: To provide adequate safeguards for the ecological/ botanical species existing on the site.

C 10. The Community Hub hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall

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not be used for any purpose other than the parking and turning of vehicles associated with the Community Hub and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

C 11. The Community Hub Buildings (10 units) as shown in drawing P-31 shall only be used for the following uses; Class 1.1 - Shops Class 4.3 - Other community facilities Craft workshop/Art Studio (no other uses within Class 2.2 - Light industry and Research & Development are hereby permitted).

Reason: The Department has assessed the impact of the proposals on the basis of the specific uses proposed and any alternative uses within the Use Class will require further consideration.

This application has been recommended for approval for the following reason. Overall, while the proposal does has an adverse impact upon the ecology of the site and in the strictest terms the proposal does not accord with the historical land use designation; it is considered all other matters outlined within this report would comply with the relevant planning policies outlined below and overall the benefits of the proposal outweigh these concerns. It is considered the proposal would not have any significant adverse impacts upon public or private amenities and would therefore comply with Strategic Policy 1, 2, 5 & 10, Spatial Policy 3, General Policy 2 & 3, Environment Policy 2, 5 & 43, Housing Policy 1, 4 & 6, Business Policy 9 & 10, Recreation Policy 2 , 3, 4 & 5, Community Policy 1, 2, 10 & 11, Transport Policy 1, 2, 4, 5, 6 & 7, Infrastructure Policy 5 , Energy Policy 5 of the IOM Strategic Plan 2016 and Residential Design Guide 2021.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings reference numbers all received;

13.01.2021 P22 P-31 P-30 PL440-11 (also received on 11.08.2021) PL440-12(also received on 11.08.2021) PL440-13(also received on 11.08.2021) PL440-14(also received on 11.08.2021) PL440-15(also received on 11.08.2021) FENCING PROPOSALS DRAINAGE STRATEGY REPORT P-10 P-11 P-12 P-13 P-14 P-15 P-16 P-17 P-18 P-19 P-20 P-21 HOUSING AND COMMUNITY DESIGN STATEMENT

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JURBY VILLAGE STATEMENT - LANDSCAPE DESIGN STATEMENT POLYCRUB GREEN HOUSE INFORMATION P04 P03 P02 M150 REV A

18.03.2021 P08 REV A P05 REV B P07 REV B P06 REV B

23.03.2021 2019-146-C002 B 2019-146-C001 B

11.08.2021 PL440-12 PL440-16 B P-32

12.08.2021 ACCESS STATEMENT

25.08.2021 FIRE FIGHTING WATER TANK FARM DESIGN STATEMENT P35 P34 P33

24.09.2901 P36

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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 these do relate to planning considerations:

Flood Management Division (DOI) Isle of Man Fire & Rescue Service The Communications Division (Department of Home Affairs)

It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

The owner/occupier of 5 Bretney Close, Jurby as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy; as they do not refer to the

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relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land __

Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED A DEPARTURE FROM THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL

1.0 THE APPLICATION SITE 1.1 The application site comprises a significant parcel of land within the settlement of Jurby. The majority of the site is to the south and west of the Bretney Estate and north of the Jurby Health and Community Centre. The site forms part of the former Jurby Air Base which was created in 1939 for training purposes. The site accommodates the parade grounds and mainly the barracks. The Air Base was closed in 1963. In the 1970's the camp area (application site area) was used as a training camp for the Territorial Army. However, this ceased and in the mid 2000's the majority of the original wooden building (barracks etc.) had been demolished, with only the existing paths and roads layouts remaining and larger sections of concrete hardstandings in places.

1.2 A smaller section of land is also includes with the site, this is separate from the main part of the site being located within the Jurby Industrial estate to the south of the main site and west of the concrete plant (Island Aggregates) which current exists.

1.3 In terms of the larger section of land and which the application mainly focuses one, the general character of the site is flat land made up of grasslands with concrete footpaths & roads with larger section of concrete hardstanding in places.

1.4 The site would be access from a new access form the Bretney Road (B3) to the north of the site. There would also be access from the A14 road to the south, which would utilise the existing road network within the site.

2.0 THE PROPOSAL 2.1 The application seeks approval for the erection of 21 dwellings with associated parking, landscaping, and amenities. The applicant's statement outlines what the application seeks approval for:

"The Application includes for the following development and initiatives as part of the Jurby Initiative:- i) Development of eighteen new one, one and a half, and two-storey rural style homes on land currently in the ownership of the Department of Infrastructure, including a new highway junction to the B3 and a landscaped green lane linking the new housing to the Community Hub and the B3. ii) Development of three new 2 Bedroom / 3 Person public sector bungalows to provide additional public sector housing choice in Jurby. iii) Development of a 'Community Hub' in the form of a 'Community Garden' incorporating sites for two potential community support buildings (subject to separate future Planning Applications) 4 x Polycrub Green Houses, 10 x Hobby / Small Business Enterprise Studio Units, an area for food growing or other agricultural/horticultural endeavours, a Toilet Block with 2 x wheelchair- accessible toilets and baby changing facilities, cycle parking, fencing and hedging to the perimeter, grassed areas etc. In terms of the 'Small Business Enterprise Studio Units' the applicant's intended to provide small affordable work or hobby units which could be used for a range of 'non-industrial' compatible uses. The Department would not wish to exclude any new small businesses or community enterprises from using one or more of the units for an enterprise which might include some retailing. The provision of these is linked to the ideas

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provided as a Community Brief in 2017 and included in the Planning Background document (Appendix 2) sent to you (as attached).

iv) Car parking for 23 vehicles, created on the former parade ground. v) A layby to the western edge of the Community Hub for dropping off passengers adjacent to the site entrance, and a drop-off area to the northern edge for service vehicles servicing the garden and units. vi) Development of new landscaped walking and cycling routes between the Bretney Estate / Jurby Parish Commissioners Hall and Jurby Health and Community Centre, Jurby Community School and the local shop. vii) Voluntary changes to DoI's management of the grassland to the remaining former Camp site, in line with recommendations put forward by DEFA; to maintain the remaining site as a hay meadow, with grass cutting only taking place twice a year; thereby allowing the many identified botanical species to prosper and provide a colourful and ecologically robust context for the proposed development. viii) A new electrical substation for Manx Utilities as the previous substation which served the former Camp was decommissioned some years ago."

2.2 Additionally, since the application was initially submitted the proposal also includes the installation of six water tanks which will hold a total of 150,000 litres of water for firefighting purposes.

2.3 In terms of why the applicants (DOI) have proposed the scheme they indicate that Tynwald accepted in 2002 that there was a need not just for 'affordable homes' as defined by the Isle of Man Strategic Plan, but for 'open market' dwellings to help to balance the make-up of the community. To help to address these issues, the Department of Infrastructure has received financial support from Treasury to develop improved infrastructure and landscape proposals which will support the development of the new housing and Community Hub facilities in Jurby. The applicants explain that they are currently working on a potential procurement strategy to facilitate the construction of the new homes which may include a social enterprise organisation or a co-housing organisation.

2.4 The scheme proposals have been modelled on 'Land Development Suggestions' which came forward from two public meetings held by Jurby residents in July 2017 and were presented to the Department of Infrastructure for consideration as part of a wider initiative by DoI to promote development in Jurby (See Appendix 1). The applicant's response to the suggestions was to prepare a sketch design scheme which showed how the suggestions could be interpreted and present ideas for the kind of housing design aesthetic which it believed might be both progressive and appropriate for Jurby. The design proposals were exhibited in Jurby Health and Community Centre on 4th April 2019 for public review and comment and were generally favourably received. The Department has continued to work on these ideas, to refine the proposals through dialogue, and to reflect comments and input from other sections of Government. The Department reviewed the updated proposals with Jurby Parish Commissioners at a meeting with them on 12 October 2020 and several comments were addressed. It is the Department's current understanding that JPC does not oppose development in Jurby (letter received 20/10/2021 confirm this).

2.5 The applicants have also been in contact with the Earroo Nane Northern Community Project, a local community charity based in Jurby, which is active in the Parish and has offered valuable insights and guidance to the Department as it has developed its proposals. The Charity has helped the Department gauge the views of residents on the proposals as they have been developed, and as now included in this Planning Application. It will also help coordinate the submission of any comments from the Jurby Community on the Planning Application, having been involved in the initial Community Meetings in 2017.

3.0 PLANNING HISTORY

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3.1 The application site has not been the subject of any previous planning applications; however, the following of which are considered specifically material to the assessment of this current planning application as they explain how applications in the area within the same land use designation "Airfield" have been considered:

3.2 Erection of four bungalows with associated parking, access footpaths and infrastructure landscaping - Land Adjacent to St Patrick's View, Bretney Estate -10/00126/B - APPROVED by Council of Minsters

3.3 Erection of four bungalows, access road, parking, landscaping and detached electricity sub-station - Land Adjacent to St Patrick's View, Bretney Estate - 08/02216/B - REFUSED by Council of Minsters

3.4 Residential development comprising eight dwellings, 3 elderly persons bungalows and creation of five building plots including roads and sewers (Option A) - Land Adjacent To Bretney Estate - 02/00584/B - APPROVED

3.5 Residential development comprising 3 elderly persons bungalows and 10 building plots (Option B) - 02/00585/B - APPROVED

3.6 Approval in principle for housing development - Land Adjacent To Bretney Estate - 00/00167/A - APPROVED

3.7 Approval in principle for residential development, land adjacent to Bretney Estate, Jurby

• Land adjacent to Bretney Estate - 94/00516/A - APPROVED

4.0 PLANNING POLICY 4.1 In terms of local plan policy, the application site falls within an area designated as "Airfield" under the IOM Development Order 1982. The eastern half the site is not within an area designated as "Areas of High Landscaped or Costal Value and Scenic Significance" while the western half of the site is designated as being within such designation. The site is not within a Conservation Area.

4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application.

Strategic Policy 1 states: "Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under- used land and buildings, and re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."

4.3 Strategic Policy 2 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."

4.4 Strategic Policy 4 states: "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."

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4.5 Strategic Policy 5 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."

4.6 Strategic Policy 10 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"

4.7 Spatial Policy 3: "The following villages are identified as Service Villages o Laxey o Jurby o Andreas o Kirk Michael o St Johns o Foxdale o Port St Mary o Ballasalla o Union Mills

Area Plans will define the development boundaries of such villages so as to maintain and where appropriate increase employment opportunities. Housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing."

4.8 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (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."

4.9 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

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(a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."

4.10 Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: (a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential."

4.11 Environment Policy 4 states: "Development will not be permitted which would adversely affect: (a) species and habitats of international importance: (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; (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."

4.12 Environment Policy 5 states: "In exceptional circumstances where development is allowed which could adversely affect a site recognised under Environmental Policy 4, conditions will be imposed and/or Planning Agreements sought to: (a) minimise disturbance; (b) conserve and manage its ecological interest as far as possible; and

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(c) where damage is unavoidable, provide new or replacement habitats so that the loss to the total ecological resource is mitigated."

4.13 Environment Policy 42 states: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."

4.14 Environment Policy 43 states: "The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition."

4.15 Housing Policy 1 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."

4.16 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."

4.17 Housing Policy 5 states: "In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more."

4.18 Housing Policy 6 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."

4.19 Business Policy 9 states: "The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment(1)."

4.20 Business Policy 10 states: "Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5."

4.21 Recreation Policy 2 states: "Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances: (a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and

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(b) where there would be an overall community gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area."

4.22 Recreation Policy 3 states: "Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan."

4.23 Recreation Policy 4: Open Space must be provided on site or conveniently close to the development which it is intended to serve, and should be easily accessible by foot and public transport.

4.24 Recreation Policy 5 states: "Area Plans will identify areas where improvements to informal access to the countryside can be made and to the public footpath network. Existing public rights of way should be retained and any development which affects these will be permitted only if it provides diversions which are no less direct or attractive than existing routes."

4.25 Community Policy 1 states: "Where relevant and appropriate, there should be provided by the developer of new or expanded residential areas, community benefits in the form of neighbourhood centres."

4.26 Community Policy 2 states: "New community facilities should be located to serve the local population and be accessible to non-car users, and should where possible re-use existing vacant or underused buildings."

4.27 Community Policy 10 states: "Proposals for the layout and development of land will be permitted only where there is provided proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes."

4.28 Community Policy 11 states: "The design and use of all new buildings and of extensions to existing buildings must, as far as is reasonable and practicable, pay due regard to best practice such as to prevent the outbreak and spread of fire."

4.29 Transport Policy 1 states: "New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes."

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

4.31 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."

4.32 Transport Policy 5 states: "Any improvements to the Island's highway network, including the provision of new roads, footpaths, and cycle routes, should be undertaken in accordance with the environmental objectives of this plan."

4.33 Transport Policy 6 states: "In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users."

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

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4.36 Infrastructure Policy 5 states: "Development proposals should incorporate methods for water conservation and management measures to conserve the Island's water resources."

4.37 Energy Policy 5 states: "The Department will prepare a Planning Policy Statement on Energy Efficiency. Pending the preparation and adoption of that PPS the Department will require proposals for more than 5 dwellings or 100 square metres of other development to be accompanied by an Energy Impact Assessment."

RESIDENTIAL DESIGN GUIDE 2021

4.38 AREA PLAN FOR THE NORTH AND WEST - PRELIMINARY PUBLICITY The Cabinet Office has undertaken a Preliminary Publicity which outline matters that the Cabinet Office would like to address in detail within the Area Plan and gives individuals the opportunity to comment at an early stage on these outline matters. Part of this the Cabinet Office has produce a Housing Need study which provides evidence of the housing need within the north and west of the Island between 2011 and 2035. This concludes that: "9.1 Housing need for the North and West from 2011 to 2026 will be based on the Strategic Plan 2016, but will take into account the population projection modelling and consequences for housing need revealed by the 2016 Interim Census.

9.2 It is recognised that it takes time to process new Census data and make new projections, and whilst the 2021 Census is imminent, population projection findings will not be available until Spring/Summer 2022. The Plan can progress on data available now; it is important to put potential sites through an assessment process, examining them at public inquiry where necessary with a plan to be able to bring sites forward via a methodology.

9.3 The updated housing need data suggests that 950 new residential units between 2011 and 2026 are required.

9.4 The evidence suggests that when taking 2016 Census into account, housing need has been met in the North and West. However, strategic reserves may need to be identified to build in flexibility to meet the need identified within the Strategic Plan. If appropriate, these figures will be reviewed in the light of the 2021 Census figures, prior to the Public Inquiry for the Area Plan for the North and West.

9.5 It is accepted that migration is increasing albeit affected in the short term by Covid-19 restrictions. Ongoing monitoring of migration will continue and greater insight will be revealed by the 2021 Census and as lockdown restrictions are eased.

9.6 The questioning of housing need figures in the Statutory Development Plan following the publication of new survey data is accepted in the normal process of delivering a new area plan. New data will naturally bring into question statutory housing need figures, and presents an opportunity for a 'sense check' approach.

9.7 The North and West Plan will be drafted to be in conformity with the Strategic Plan. Whilst there may not be housing need in the immediate future, there could be in the years ahead which will be planned-in using Strategic Reserve sites.

9.8 The Strategic Plan is due to be reviewed - starting in 2022 but will not be brought before Tynwald until 2023. Housing need for the North and West set out in this Plan (along with the East and South) will be the basis for an All Island Plan. 19 9.3 Finally, when preparing the Draft Area Plan for the North and West, the Strategic Plan figures 2016 will be relied upon but a system of phasing sites will be deployed through the use of Development Briefs and if where necessary, the use of Strategic Reserves. A methodology for release will be included in the Plan for when 'need' is evident and all of the necessary infrastructure is in place."

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Island Strategic Plan North Western Sector Written Statement - Planning Circular 11/91. 4.39 Further details of this will be explained within the assessment section of this report.

Jurby Village Study 4.40 This study was prepared following the Island Strategic Plan Sector E Plan and Written Statement which was adopted by the Department as a Planning Circular 11/91 (in 1991 no longer in force had a limited timescale). This document sought that a further detailed study be undertaken to identify whether it is acceptable and desirable to consolidate or expand the villages and hamlets (including Jurby). Jurby was the first selected to have such a detailed plan be prepared.

4.41 This report goes into detail regarding what areas of Jurby should and shouldn't be development and in what order. The Recommendation section of this report (paragraph 2.30) indicated that Area 1 (which incorporates the application site & more) should be developed first ahead of Area 2 which is land which is to the east of the site/Bretney Estate and currently designated for Residential Use under the IOM Development Plan Order 1982. The Assessment will go into more detail in respect of this Written Statement.

Innovative development scheme to reinvigorate Jurby - 2019 - DOI 4.42 The three-year scheme was included as part of this year's package of Budget announcements approved by Tynwald, following successful engagement with residents and the local authority. More than £800,000 is due to be spent on phase one of the project during the next financial year, 2019/20.

Work is planned to start later this year on improving Jurby Business Park through landscaping and tree-planting, and the installation of improved signage and modern lighting infrastructure. A planning application for the construction of four new industrial units is expected to be submitted soon (has since been approved), and the site will be designed to accommodate further expansion in the future.

The focus of the second phase of the project, with a budget of approximately £1,050,000 will shift to the north of Ballameanagh Road, on land between Jurby Medical Centre and the Bretney Estate.

4.43 Department of Local Government and the Environment - Study of Jurby 2003

UNESCO Biosphere Isle of Man 4.44 UNESCO Biosphere Isle of Man is all about keeping the Isle of Man a special place to live, work and visit. The Isle of Man is the first entire Island Nation in the world to receive this designation.

The UNESCO Biosphere Isle of Man project does not seek to prevent any specific actions, but to promote enjoying and celebrating the Isle of Man to the full, making it an even better place to be and promoting engagement.

The scope of the UNESCO Biosphere Isle of Man Pledge is deliberately broad and inclusive but the context of the Pledge principles are set out below. o "Protecting our natural resources - this could relate to anything you're trying to do better that will impact positively on our natural resources, from managing water use to planting trees. o Developing our economy in a sustainable way - doing business responsibly, balancing the need for growth with respect for our natural, social and cultural environment. Responsible businesses tend to be more resilient, contributing to a diverse economy which is more sustainable than a 'monoculture' economy.

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o Supporting and promoting our cultural heritage - for example, staff involvement in, or corporate sponsorship of, cultural events and groups. o Making our environmental impact positive wherever possible - closely related to the first principle of protecting our natural resources, this could include anything from energy saving and waste management measures to support of local environmental projects. o Engaging with the local community - through environmental, social or community groups, whichever fit best with your business. You'll find a wide range of groups listed under 'Who is involved?' on the Environmental/Cultural, Community and Educational pages. o Promoting our outstanding living landscapes through active involvement with Biosphere Isle of Man - being an ambassador for the project and advertising the fact that you support it, thereby encouraging others to get involved."

The Biosphere Reserves are about achieving a good working balance between people and nature' and the Accreditation reflects how the Isle of Man manages its environment, community and economy, acknowledging that all three components are necessary to achieve a sustainable situation.

The Biosphere related guidance, as summarised below, is not formal planning policy but the designation is capable of being a material consideration."

5.0 REPRESENTATIONS It should be noted that full comments made by all representations are available on the Online Services - Planning Applications. Further, the application has been re-advertised a number of occasions in response to issues raised and therefore there are multiple comments from various representations.

5.1 Jurby Commissioners make initially wrote to indicate they could not support the applications (17.02.2021) due to concerns of how the "social enterprise housing" would be appropriate for Jurby and the term "co-ownership" is far too nebulous to justify building a completely new road which might over a period of many years have houses built along it. Until there is a viable scheme for people to be able to buy houses Jurby residents would be given false hopes and we might well end up with a road to nowhere. They comment that they supported a lot of the application i.e. the 3 bungalows for social housing the and the amenities within the scheme me although there needs to be a sound timetable / sequencing for the whole of the Jurby Initiative, including the Industrial Estate regeneration, so that residents know when the different parts of scheme will be started. Further they commented that far more consultation should be undertaken before this large, nebulous scheme goes forward.

5.1.1 The applicants responded to these points in a letter (23.03.2021) which can be viewed via the planning web site. However, in terms of the first point the applicants indicate that; "...JPC say in their letter that they are unable to support the Department's Application because the exact 'tenure' under which the new homes will be delivered has not been fully developed yet, and the Department may build a new road to serve houses which will never be built. They state that they do not want local residents to be given 'false hope'.

The Department fully agrees that further consultation with the Community and others who will be involved in the delivery of the new homes is required, to enable the delivery mechanism and tenure of the proposed new homes to be fully established. The Department however is of a view that these consultations can only be delivered meaningful progress if there is certainty from receipt of a Planning Approval. The Department's view is that the best order in which to progress matters is to seek Planning Approval fist (following the first stage of community liaison / exhibition of ideas) and, to avoid giving 'false hope', only progress construction if Planning Approval is granted.

While the Department may wish to construct the new highway junction on the B3 Bretney Road early in any development programme, the Department can assure the Commissioners that the

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construction of any new road to serve the proposed new housing would only take place once detailed development proposals have been finalised, a delivery mechanism for new homes has been established and a firm list of residents seeking new homes is in place..."

5.1.2 Jurby Parish Commissioners considered that application again (08.09.2021) following amended plans, including the inclusion of the water tanks. Concerns were raised in terms of whether permission had already been granted for the tanks or was it part of this application, is this temporary interim measure to get planning through for this development, will the main water inlet to Jurby be improved is it sufficient for the Haven Homes development proposal and subsequent development for Jurby and they ask if these comments could be addressed. They also highlighted that The Commissioners of Jurby are all new members and were not involved in the initial meetings.

5.1.3 Following additional comments from the applicants in response to the Commissioners; they comment that (16.09.2021) the Commissioners were very concerned to note this expensive short term solution to fix a more extensive problem and are fundamentally opposed to it. It is clear that the problem of water supply to Jurby needs to be fixed with a long-term solution i.e. an adequate water main. This application is highly likely to result in the much needed long term solution being pushed further down the line and the Commissioners feel that it is quite frankly shameful that IoM Government apparently wants all the benefits of significant development at Jurby without providing adequate solutions to the fundamental infrastructure needs of the area. Until a clear plan is brought forward that provides a long-term solution to Jurby's water needs the Commissioners cannot support this development.

5.1.4 Following these comments the applicants discussed the issues with the Commissioners at their Board Meeting on the 11th October 2021. Following these discussions the Commissioners provided their final comments (19.10.2021) which are summarised as; The Commissioners acknowledged that they had already expressed deep concerns in relation to the significant water infrastructure failings in Jurby and felt that the temporary solution to assist in relation to concerns raised by the Fire Service could result in further delays from the MUA in addressing these failings; Following a detailed briefing by the developer, the Commissioners agreed that save for the matter concerning water infrastructure failings they welcomed the development proposed in Phase 3, acknowledging the very positive impact the development will have in Jurby. Despite the Commissioners' previously stated and ongoing concerns regarding the failing water infrastructure, the Jurby Parish Commissioners agreed to withdraw their opposition to the application and instead support the planning application but with their reservation regarding water infrastructure to be noted; The Commissioners are very supportive of all aspects of the development and feel that Jurby has a real chance here to be the leading Parish on the island for highlighting what can be achieved when members of the community and local and central government work together; They still believe that it is imperative that the MUA sort the water pressure issues and seriously look at how to ensure future development across the Parish is not impacted by their lack of urgency in addressing the problem; the Commissioners like the overwhelming majority of the benefits this development will bring to Jurby; I apologise for any confusion this change of position causes, however, the Commissioners had not been fully appraised of the core benefits the development will bring to Jurby when they considered the very specific amendment which addressed a concern raised by the Fire Service in relation to insufficient water pressure in the area to tackle fires; I apologise for any confusion this change of position causes, however, the Commissioners had not been fully appraised of the core benefits the development will bring to Jurby when they considered the very specific amendment which addressed a concern raised by the Fire Service in relation to insufficient water pressure in the area to tackle fires. Now that the Commissioners have been more fully briefed on the benefits of the development, they feel that their remaining concern over the temporary water solution should not stand in the way of the development which for the avoidance of doubt they now fully support.

5.2 Highway Services made the initial summarised comments (14.04.2021):

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"...Conclusion: In terms of layout and car parking, the proposal is acceptable from the highway viewpoint on a path being provided to the Parish Hall prior to occupation preferably along the roadside, on adequate provision of bicycle parking and details, such as for parking for uses; for example, at the proposed allotments and children's nursery. Accordingly, Highway Services raise no opposition subject to conditions for access junction, pedestrian and vehicle arrangements to accord with drawing for the entire Site Plan: P05 Rev B; Site Plan Dwellings: PO6 Rev B; Site Plan Community Hub: PO7 Rev B and the Adopted Highway and Estate Road Proposals Drawing No: 2019 - 146 - C002 B; plus details pre- commencement for direct path (s) to the Parish Hall and for the provision of bicycle parking for all proposed uses.

The Applicant is requested to note that a separate technical approval and inter-departmental agreement is necessary for any paths or streets requiring adoption as highway maintainable at public expense, including Stage 1 and 2 Road Safety Audit and swept path analysis. Recommendation: DNOC"

5.2.1 Following these initial comments the applicants provided further information and Highway Services made the following comments (26.08.2021); Highway Services note the further details and changes and for the most part do not alter the content of the response made on 14 April 2021. They comment that the exit visibility splay details are necessary for the new access for the new water tanks; the proposed vehicle standing area is of sufficient size to provide parking for fire and rescue appliance and maintenance vehicles with the geotextile surface adequate for occasional use in lieu of hardstanding. Recommendation: Additional information visibility splays.

5.2.2 Highway Service final comments are (26.09.2021) that the additional plans raise no objection.

5.3 The Communications Division (Department of Home Affairs) made the following summarised comments (16.01.2021): We have responsibility for the Radio Transmitter site located adjacent to this proposed development. The site is owned by the Department of Home Affairs and serves as a strategically important site in terms of provision of communications for the Emergency Services, as well as Television, radio and mobile networks. We have concerns when viewing the plans that there is no provision for either vehicle or pedestrian access to the site.

5.3.1 Following these comments the applicants amended the plans to provide access which was sought and the Communications Division have confirmed they have no concerns (28.09.2021).

5.4 Manx Utilities - Strategic Projects & Planning Engineer made the following comments (11.02.2021): "The National guidance document on the provision of water for fire fighting. (Local Government Association and Water UK Third Edition January 2007) advises that; Housing developments with units of detached or semidetached houses of not more than two floors should have a water supply capable of delivering a minimum of eight litres per second through any single hydrant.

Manx Utilities' Hydraulic Model of Jurby has indicated there is sufficient water supplies for fire fighting capabilities for this proposed domestic housing planning application. 8 litres per second is available from the water mains and fire hydrants that will serve the development.

Note: This has been modelled against peak potable water demand for the entire Jurby zone. As back up to the new development, only 750m away situated in the commercial zone of Jurby Industrial Estate, we understand there is shortly to be built (subject to Department of Infrastructure acceptance of tender), a 46,000 litre underground water tank capable of refilling

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a 400gallon fire engine water tank 23 times over. This will be available to fighting any fire in Jurby as per planning requirement for Application 19/01102/B. May we respectfully also remind that, under the Water Act, the Authority have no statutory obligation to provide fire fighting flow. Nevertheless, additional hydraulic modelling has been carried out confirming there is existing spare capacity in the current infrastructure for further domestic housing development in Jurby along with the subsequent 8l/s fire fighting flow needed to protect, before major capital reinforcement of the water mains network is necessary."

5.5 Isle of Man Fire & Rescue Service objected to the application on the following grounds (30.03.2021): "...A Fire Safety Department wish to object to this application as the industrial estate and surrounding areas have been identified as having insufficient water supplies to deal effectively with a large fire. The introduction of a further development would put more strain on the current infrastructure, potentially reducing available water supplies further. We would recommend that the water infrastructure is reviewed and enhanced prior to any further development in this area."

5.5.1 Followings these comments there have been extensive comments between the relevant Government Departments. Following the application including the six water tanks which will hold a total of 150,000 litres of water for firefighting purposes; the Isle of Man Fire & Rescue Service made the following comments (23.09.2021); "I refer to the above planning application.

Following the submitted proposal in correspondence dated 11th August 2021 from the developer outlining the installation of a 150,000 litre water farm on the industrial estate I would advise you as follows,

This Department would be willing to withdraw its planning objection for the above development based on additional water supplies being provided by the developer. This decision is based on this submitted planning proposal only and any further development will be considered on a case by case basis.

Once the proposed overarching water infrastructure project has been agreed and scheduled this Department would have no further objections to development in this area based on water supplies."

5.6 Manx Utilities Authority - Drainage comment (08.02.2021): "... has assessed the above planning application and would like to advise you that the Authority has no objection to the application subject to condition/s...".

5.7 The Ecosystem Policy Team (DEFA) makes the following summarised comments. Detailed/full comments can be viewed on line (05.02.2021): "The Ecosystem Policy Team, DEFA is opposed to the proposed development of Area B Housing, but supports the development of Area E Community Hub. Developing Area B would lead to the loss of species rich semi-improved grassland, a rare Manx habitat; it is strongly recommended that areas of extensive concrete are utilised for development as an alternative to the grassland. As well as losing the most species-rich section of the grassland the proposed residential development will fragment the existing grassland and this will cause a loss of resilience for the species in the remainder of grassland." "No full ecological assessment of the proposed development area has been undertaken. The impact of the proposed development on legally protected lizards and breeding birds (including red listed skylark) is unknown."

Contrary to Strategic Policy 4, General Policy 2, Environment Policy 4, Biodiversity Strategy and the Climate Action Plan.

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"DOI contracted an ecological consultancy to undertake an initial assessment of the grassland (the assessment was undertaken 'out of season' in late September/early October when many plants are not visible hence this is classed as a preliminary assessment only). The site was divided in to compartments shown in Figure 2 and assessed on the number of species-rich grassland indicator species present. The results are shown in Table 1... The assessment confirmed the grassland as species-rich neutral grassland and it demonstrated that the area proposed for the residential area (Compartment 4 in Figure 2) is the most species rich i.e. the best quality area of the grassland."

"Common lizards have been recorded in the area proposed for Area E Community Hub. Certain areas of the grassland where the residential area is proposed are highly suitable for lizards. In addition the current BMX track is very sheltered and provides refuges for common lizard."

"Phase 1 Habitat Surveys were undertaken of the area in August 1992. The Phase 1 Habitat Survey is a standardised survey method devised by the Joint Nature Conservation Committee (JNCC). The document laying out the methodology for the survey can be found on the internet JNCC, Field manual for Phase 1 habitat survey - a technique for environmental audit. The final report from the Phase 1 Habitat Survey can be also be found on the internet Sayle, T., Lamb, J., Colvin, A. & Harris, B. (May 1995) Isle of Man Ecological Habitat Survey - Phase 1 1991 - 1994 Final Report, Isle of Man Government. This document provides information on the land coverage of each habitat found and details the rarity of species rich semi improved grassland. The survey found that this type of grassland type was recorded in only 633.96ha, just 1.1% of the land area of the Isle of Man. The true area today is much less as much of this habitat has been lost through changes in agricultural practices." "The grassland has potential for breeding skylark and meadow pipit. Skylarks are red listed categorised at the highest threat level (red) in the Birds of Conservation Concern (BOCC 4)2 because of their rapid decline in both breeding and wintering populations. The fields are clearly an important breeding habitat for this species. Meadow pipit are amber listed on BOCC 4 and the species has also undergone a decline in recent years. The grassland is likely to support a good small mammal population and therefore may be a significant feeding area for owl species. In addition, semi-natural grasslands form important feeding and nesting areas for hedgehogs. Species including blackbird, woodpigeon, long tailed-tit and linnet could be nesting the area of dense gorse proposed for Area E Community Hub."

"Light polluted skies can have a significant negative impact on nocturnal wildlife including some bat species and night flying insects therefore we recommend only luminaries with sharp cut-off and low intensity are used."

Should the application be granted permission we recommend conditions are secured to deliver the following: A Construction Environmental Management Plan; An assessment of the size of the legally protected lizard population that will be effected to ensure that an adequately sized translocation site is found; A breeding bird assessment to ensure sufficient mitigation is provided for species of conservation concern such as skylark and barn owl (loss of feeding habitat); and A mitigation plan for the species-rich grassland.

5.7.1 In response to the se comment the applicants provided additional comments which are summarised below. Detailed/full comments can be viewed on line (08.03.2021): "It should be noted that officers from the Department met with representatives of the 'Ecosystem Policy Team' for pre-Application discussions, and on the basis of their advice some alterations were made to the housing design proposals to minimise the impact of the development on the existing grassland. The Department also agreed at that point to manage grass cutting on the Department's land in a different way going forward, as advised by the EPT to add to the biodiversity of the site. The Department's Consultant Landscape Architect also liaised with the EPT over the landscape proposals for the proposed development, which it should be noted are not insignificant and will have a very positive impact in the longer term."

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"In discussions, the EPT offered its suggestions as to where the new housing should be constructed (as noted in their letter) however the Department pointed out clearly that its design brief was not just about building some additional new homes, but was also focused on addressing the fragmented nature of housing development in Jurby, and implementing proposals which helped to connect people and places to the existing and new facilities, in a way that would provide greater cohesion, and help to create the framework for the longer term development of Jurby."

"They were advised of this in discussions. Additionally their proposal would have led to the removal of the historic former parade ground which is effectively the 'centre of gravity' for the wider Jurby village area (including the Industrial Estate), and historically was the fulcrum of activity within RAF Jurby during war time Switchboard: (01624) 686600 Contact: Telephone: (01624) 685925 Fax: (01624) 685943 Email: [email protected] Our Ref: JSP Your ref: Date: 8 March 2021 Planning & Building Control Directorate DEFA Murray House Mount Havelock Douglas IM1 2SF years. While a new use and purpose for the former parade ground has not yet been integrated into a larger scale development plan for Jurby, the Department is reluctant to remove it currently, as it lies at the centre of the Jurby settlement and it may yet play a key role in future development."

"The Department however is aware of the suggestion that there are common lizards in the area and has in the past postponed construction activities in the area to accommodate nesting birds. During the construction of the arterial road through the Industrial Estate it constructed a lizard habitat for the re-homing of any lizards located during the demolition of the former 'Jurby Hotel'. It is the Department's understanding that no lizards were located for re-homing, however the facility still exists and could be brought into use should any common lizards be identified on the proposed development site."

"Historically the area of site identified as ''4' by DEFA contained accommodation huts for military personnel (see Appendix 2 in 'Design Statement') however area '3' and area '6' also contained equally intensive development. It is therefore reasonable to assume that both the natural ground conditions (pre-RAF Jurby) and the ground conditions left after the removal of the accommodation would have been / will be very similar. As the initial assessment of the grassland for the Application was, of necessity carried out 'out of season' it is possible that the results do not provide a wholly accurate summary of how species of interest are distributed. There is no obvious reason why area '4' should have a higher concentration of species of interest than area '3' or area '5'. Area '6' was used as a cricket and football field in the past and probably more regularly fertilised and cut, so it is understandable why there may have been fewer species of interest evident in that area (although DEFA still consider it to be 'neutral grassland'.)"

"It has already outlined in clause 2.5.5 in its Design Statement that the Department is willing to commission the additional lizard and bat surveys which could not be undertaken with the interim ecological assessment, and, as appropriate, update information on bird life on the site during the next appropriate season if this is considered an appropriate Planning Approval Condition"

"The UNESCO Biosphere philosophy promoted appears to be one in which people and nature co-exist in close harmony, and where it is accepted that this relationship promotes 'wellbeing' when it exists in a sustainable manner. This idea is promoted by DEFA on the UNESCO Biosphere website: "It's sometimes stated that our Biosphere status means development can't happen. However, the Biosphere Programme is about balance, and progression to a more sustainable future not about prohibition.""

"DEFA's Biodiversity Strategy (2015-2025) however appears to focus on strategies which segregate areas considered to have a special status (including protecting them legally) and limiting any integration between people and nature. The strategy elevates the idea of 'non-

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statutory Wildlife Sites which enable recognition and management of areas of local importance on the Island.' (page 30) https://www.gov.im/media/1346374/biodiversity-strategy-2015-final- version.pdf however the Department is aware that if implemented in Jurby, this status would severely limit the longer term development of the village and its economic sustainability."

"The Department notes the long period of time (20 years +) in which Government has been working with it to support investment in Jurby and help it develop into a sustainable settlement with a good range of housing, community and leisure opportunities and employment to support a larger population in the longer term. The development proposals within the Department's Application have been brought forward to help this objective move forward, and possibly enhancing the area sufficiently to encourage private development to come forward."

"The Department regrets that DEFA's submission ignores the aspirations of the local community for a very modest amount of new housing on what is a brownfield site to support greater housing choices in the village, and the fact that the local community has highlighted in the feedback from the Public Meeting that they value a 'sensitive approach to development' - an approach which the Department has sought to weave into its development proposals."

5.8 Manx National Heritage makes the following summarised comments. Detailed/full comments can be viewed on line (15.02.2021): "This application has many features that MNH would support and wish to promote such as woodland planting, dwellings designed to the AECB 'Building Standard' energy performance standards, the retention and creation sod hedgerows and the implementation of bioswales aimed at capturing and recycling rain water. We are however concerned about the loss of an area of semi-improved neutral grassland contained within the boundary of this planning application; having been identified in the early nineteen ninety's and later put forward by the Manx Wildlife Trust (MWT) as a non-statutory 'Wildlife Site'; This planning application refers to measures to mitigate the loss of the grassland involving the translocation of sections of the turf to other areas of the development. This may present opportunities to conserve some of the species within the seed bank but would likely be influenced by many external factors including the natural geology and conditions of the host site; The loss of species-rich neutral grassland is also in direct conflict with the Isle of Man Biodiversity Strategy, 2015 to 2025, which sets out a number of aims such as 'to manage biodiversity change to minimise loss and to maintain and where necessary restore or enhance native biodiversity; This application does not appear to be in line with the Isle of Man Strategic Plan, 2016; Therefore, due to the probable conservation value of the land on which this development is proposed, MNH request that a decision to permit or refuse this application be deferred until the Manx Wildlife Trust have had the opportunity to complete their Environmental Impact Assessment.

5.9 The Flood Management Officer (DOI) made the following summarised comments (09.03.2021); have been considered can you tell me if "Infiltration Tests" have been carried out with respect to the proposed soakaways?

5.9.1 In response the applicant commented (10.03.2021): that MacOwan Collett Engineers were appointed by DLGE to prepare a site investigation report as Jurby has no surface water drainage system and all of the current development relies on soakaways. The last one I am familiar with was designed by Hyder for 4 public sector bungalows around 2008, however DLGE also built some apartments after that and I believe they also have a soakaway system for surface water; A site investigation for the whole Camp area was undertaken for DLGE by MacOwan Collett Engineers and the Department's Consultant Engineer for the current proposed development, Graham Schofield Associates, have based their drainage proposals on the MacOwan Collett SI/

5.9.2 In response the Flood Management Officer states (16.03.2021); that they have read through them and I believe that they will suffice. But as they are not an expert in this field they passed them on to the Flood Risk Management Division (DOI).

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5.9.3 The Flood Risk Management Division do not oppose the application (19.03.2021).

5.10 The owner/occupier of 5 Bretney Close, Jurby (15.03.2021) objects to the application which can be summarised as; I am really angry with your proposed intentions of building around the parade ground; I can't believe that in this day and age and the problems we are all facing with global warming and the destroying of animals habitats; You must realize that that ground is not only historical ground and should be classed as heritage; The Common Lizard which I believe is on the protected list. There are rabbits. There are also stonechats that come every year to nest and the skylark, that nest in the grass. That is to name but a few; Build the community hub, but save the animals environment; So much more and all you can think about is building more houses to bring more people and more cars and more pollution; More children who will have nothing to do but go around causing trouble; and you are going to be destroying so much of the wildlife's habitat and I think it is disgusting.

6.0 ASSESSMENT Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application: (a) principle of development; (b) the potential impact upon the visual amenities of the area; (c) potential impact upon neighbouring amenities; (d) potential impact upon highway safety; (e) potential drainage/flooding issues; (f) affordable housing provision; (g) open space provision; (h) ecology; (i) fire provision;and (j) Community Hub.

PRINCIPLE OF DEVELOPMENT (Strategic Policy 1, 2, 5, Spatial Policy 3, General Policy 2 & 3, Environment Policy 43, Housing Policy 1, 4 & 6, Business Policy 9 & 10, Recreation Policy 2 , 3, 4 & 5, Community Policy 1, 2, 10 & 11)

6.1.1 The first and main issue relating to this application is the principle of residential development on this site. At this point it is appropriate to expand on the background to the planning policy context of the settlement of Jurby; the Development Plan; and the planning status the Department, as Department, considers Jurby to have. The application site is within an area zoned as Airfield in the Isle of Man Development Plan Order 1982. The main airfield and hangars lay to the south of the Jurby Road (A14). To the north was the camp associated with the airfield. The application site falls within the former camp area. To the east of the camp is Jurby Primary School and a housing estate, the Threshold, and to the north a further estate, the Bretney. The land between these two estates and extending up to the B3 Road is zoned as proposed residential (currently an application for 23 dwellings - 21/00278/B). Thus in the extant 1982 Development Plan the application site lies within the overall settlement of Jurby with adjacent housing, employment and community facilities.

6.1.2 In terms of planning policy the next relevant document is the Island Strategic Plan North Western Sector Written Statement - Planning Circular 11/91. This plan had a lifetime of 5 years and has now expired. However, this gives a basis for the proposal for additional development within Jurby and lays out policies which refer to such development. Policy NW/RES/P6 of the Circular stated:- "Jurby has previously been suggested as a growth area with development including substantial new housing, a high tech science/business park and leisure facilities. Any such development will clearly require study in depth into such matters as services infrastructure, landscaping,

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education, health and community facilities in addition to retail and employment opportunities. The policy should therefore only be promoted after consideration of the foregoing factors."

6.1.3 Whilst this plan no longer has any formal policy status, it shows that the Department for many years has an ongoing plan for Jurby to be regenerated.

6.1.4 Following the North Western Sector Written Statement a study was undertaken in 1996 by the Planning Department as part of the process to establish a Local Plan for the area. The plan was never adopted. In 2002 the Council of Ministers instructed the Department of Local Government and the Environment to progress a study of Jurby with a view to putting in place a new firm plan for the regeneration of the area. The plan was published in 2003 following consultation with many interest parties including the local community. This report indicated the Department's desire to build new homes, major infrastructure improvements (improvements to highway through Jurby industrial estate have recent been completed) and building improvements, all to improve the appearance for existing and new business. The scale of this development was greater than what is currently proposed and encompassed the majority of the land in and around the Parade Grounds.

6.1.5 Since 2003 the Isle of Man Strategic Plan has been adopted by the Department and subsequently approved by Tynwald July 2007. The settlement of Jurby is classed as a 'Service Village' within Spatial Policy 3 of the Strategic Plan. The policy states that:- "Area Plans will define the development boundaries of such villages so as to maintain and where appropriate increase employment opportunities. Housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing."

6.1.6 It is also significant to consider that the settlement of Jurby is also highlighted as a 'Major Employment Area' for the Island on the key Diagram and therefore in accordance with the Strategic Aim further residential development as proposed would be in accordance with the aim which states:- "To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage."

6.1.7 Whilst it is accepted that the site is not currently zoned for residential use, it is considered that, given its close proximity to existing residential properties, shops, school, the Jurby Industrial Estate and public transport links, it is located within a sustainable location.

6.1.8 It should also be noted that the airfield is no longer used as an airfield, and the application site was actually never used as an airfield but formed part of the campsite. The runway is now used in connection with motor sporting activities whilst the hangers and associated buildings now form the Jurby Industrial Estate, again which is zoned as an 'airfield'. The estate has recently benefited from road infrastructure improvements to enable better access within the site but also act as a bypass for larger vehicles, which enables them to travel to and from the Industrial Estate without having to travel past the school and residential areas.

6.1.9 The Strategic Plan also considers Urban Regeneration and in Environment Policy 43 states:- "The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition."

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6.1.10 In addition, and a very important aspect for this application is the Spatial Vision section of the approved Strategic Plan noted (in paragraph 5.10 the key elements of the Island in respect of Spatial Strategy) to:-

"regeneration of Jurby in line with the Jurby Study"

It is important to note that the written text of the IOM Strategic Plan has the same level of material consideration as the polices within the Plan.

6.1.11 The previous Appeal Inspector (Erection of four bungalows for elderly persons to occupy

• DOI application - 08/02216/B) had concerns with the application given the site is not zoned for residential development; did not accord with the exceptions for development within General Policy 3; and as no evidence had been provided that the Study of Jurby Plan has been prepared as a planning document, or that it had any approval outside the developing department.

6.1.12 However, as previously indicated within this report and the submitted Planning Application Statement the Department (previously DoLGE) and DOI more recently (July 2017, April 2019 & October 2020) for a number of years has undertaken studies and plans for the future development of Jurby and proposals put forward to public consultation (notices sent to all households and displays at the Jurby Village Hall/discussions with Commissioners). Details of the latter public meeting by the applicants are enclosed within their submission and can be viewed online.

6.1.13 Most recently the Isle of Man Strategic Plan (2007 & 2016) approved by Tynwald, highlights Jurby as being an area to maintain and where appropriate increase employment opportunities and housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing.

6.1.14 It is also noted for Planning Application 14/00343/B (IOM Motor Museum) pt.19 of Inspector's Report stated:

"The designation as Airfield is arguably historical...'

6.1.15 Further the Planning Inspector for Planning Application 10/00126/B (four bungalows) pt.14 stated:

"'When considering what weight should be attached to the airfield zoning in the 1982 Development Plan it must be borne in mind that the airfield was still operational when the plan was being prepared. Airfield use has now ceased. Jurby Prison and Industrial Estate have been established in the same zoning and the Department is encouraging further industrial development there. Infrastructure improvement has been undertaken to enhance accessibility"

Both applications where approved.

6.1.16 The proposed development would include eighteen new one, one and a half, and two- storey rural style homes on land currently in the ownership of the Department of Infrastructure. The applicants are DOI Housing and Estates Division and have stated:

"1.3 The development of new private housing for sale in Jurby was first established as an aspiration of Government in 2002, but for many reasons no new development of scale has been secured to date.

1.3.1 Additionally the reluctance of commercial housing developers to develop new housing for sale in Jurby has meant that residents have not benefitted from the IOM Strategic Plan requirement for all housing developments greater than 8 units to have 25% of units available as affordable homes.

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1.3.2 Tynwald accepted in 2002 that there was a need not just for 'affordable homes' as defined by the Isle of Man Strategic Plan, but for 'open market' dwellings to help to balance the make-up of the community.

1.4 To help to address these issues, the Department of Infrastructure has received financial support from Treasury to develop improved infrastructure and landscape proposals which will support the development of the new housing and Community Hub facilities in Jurby. It is also supporting the design of the proposed rural style housing and infrastructure.

1.4.1 The Department is currently working on a potential procurement strategy to facilitate the construction of the new homes which may include a social enterprise organisation or a co- housing organisation."

6.1.17 Further comments on the "affordable housing" aspect and how this will be achieved will be covered later in this report.

6.1.18 Additionally, to the eighteen dwellings, it is proposed to be three new 2 Bedroom / 3 Person public sector bungalows to provide additional public sector housing choice in Jurby. The latter development is similar to which was approved under application (10/00126/B - 4 public sector bungalow) and further development for apartments within the Bretney Estate. These previous approved units and what is now proposed enable elderly occupants within the Bretney Estate who are living within two or more bedroom properties, and who wish to remain in the area of Jurby due to friends and family living within close proximity, which is very understandable. These three additional properties would enable elderly residents to still remain in Jurby, whilst enabling the Estates and Housing Directorate to allocate families to the larger dwellings. Additionally, given the proposed dwellings are single storey, compared to two storeys, the dwellings would provide better access for elderly occupiers and provide a better standard of living accommodation.

6.1.19 It should also be highlighted that the proposed housing development site comprises brownfield land which was formerly occupied by accommodation blocks associated with the site's World War 2 role as RAF Jurby. Accordingly, General Policy 3 should be considered namely paragraph (c) previously developed land.

6.1.20 The submission also includes a Community Hub in the form of a 'Community Garden' incorporating sites for two potential community support buildings (subject to separate future Planning Applications) 4 x Polycrub Green Houses, 10 x Hobby / Small Business Enterprise Studio Units, an area for food growing or other agricultural/horticultural endeavours, a Toilet Block with 2 x wheelchair-accessible toilets and baby changing facilities, cycle parking, fencing and hedging to the perimeter, grassed areas etc. Land to the north of the hub is annotated for a number of uses including Junior trial bikes (next to existing BMX cycle track), land for community use. The existing children's play area would be adjacent to the Community Hub but would be unaffected by the proposals. Car parking for 23 vehicles, created on the former parade ground. There is also a site which could be used as a Children Nursery; albeit this is for consideration under this application.

6.1.21 The works also show new landscaped walking and cycling routes between the Bretney Estate / Jurby Parish Commissioners Hall and Jurby Health and Community Centre, Jurby Community School and the local shop to improve connectivity of the Village as a whole.

6.1.22 Again it is noted that the Community Hub is proposed to be constructed on previously development land/brownfield site, being the site of the Sergeant's Mess facilities.

6.1.23 It is noted that the Preliminary Publicity for the Area Plan for the North and West of the island has recently commenced. This initial document (pre-draft plan is prepared) comments that housing need has been met in the North and West and therefore no further allocation is

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required for additional housing. The Preliminary Publicity does comment that strategic reserves may need to be identified to build in flexibility to meet the need identified within the Strategic Plan. If appropriate, these figures will be reviewed in the light of the 2021 Census figures, prior to the Public Inquiry for the Area Plan for the North and West (planned to be adopted by Tynwald in 2023). As the Area Plan for the North and West is at its infancy; in terms of the process it is required to adhere too, it therefore has very little material planning weight attached to it; albeit it does have some.

6.1.24 Overall, it is considered the principle of developing this site as residential and the proposed community uses are acceptable and begin to achieve the overriding aims which have been proposed for a number of decades via a number of measures which are considered to be of material consideration. While the land is not designated for the proposed development, rather "Airfield" under the 1982 IOM Development Order; it is clear from the planning history of the site that the area as a whole have evolved and a number of planning approvals have been given for a variety of uses which would not fall under this "Airfield" designation/use, which as mentioned previously ceased a number of decades ago.

6.1.25 The applicants submission clearly is trying achieve a starting point for development in the Village of Jurby; which if progressed will in turn make Jurby a more sustainable village, with new community facilities as proposed, a variety of housing types which can adapt to serve the needs of the occupiers; while also supporting the existing shops, services, employment, school and health care centre which was recently completed. Overall, it is considered the principle of the overall scheme should be supported.

THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA (General Policy 2, Environment Policy 2 & Residential Design Guide) 6.2 In terms of the potential impacts upon the visual amenities of the area, clearly the works will be noticeable from a variety of surrounding public views from inside and outside the site. The area is flat with little in the way of significantly tall landscaping. Accordingly, large sections of the development will be clear to see.

6.2.1 However, when seen it will clearly be seen as part of Jurby Village and contained within the Village boundaries with development around the site.

6.2.3 The proposed buildings are no taller than two storeys, with the majority being single storey. The proposed 18 plots have potential options for a total of 12 housing types, with some plots being able to accommodate a single dwelling, but different housing types depending on the purchases needs. However, further planning permission would be required. The submitted plans currently indicate which housing type is going on each of the 18 plots; albeit as each plot is generous in size and therefore there is the flexibility that the current housing type may change on the individual plots.

6.2.4 The applicants on this matter state: "The proposed rural style homes have been designed generally as detached single, one and a half storey, and two-storey dwellings on good size plots, with in-curtilage parking. The layout generally complies with the required back to back and back to side setting out dimensions associated with suburban housing schemes.

3.1.3 The dwellings designed to the AECB 'Building Standard' energy performance standard (as a minimum) are conceived as a contemporary interpretation of the rural homes which characterise the Isle of Man. Generally shallow plan type dwellings in a range of sizes, their character is created through simple fenestrations, the use of simple forms, artificial slate/metal roofing, colour and detailing.

3.1.4 The Department has developed a range of house types with different eaves heights, both as design options, and to facilitate economic viability for as many potential purchasers as

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possible. While the site layout within the Application includes for a specific mix of dwellings, the Department recognises that further plot by plot Planning Applications to vary the dwelling types may be required going forward to suit the ultimate procurement needs and economic viability of the development. Changes to the plot options would not significantly change the appearance of the development."

6.2.5 The Community Hub has a single storey building and includes four polytunnels and a single storey toilet block. All the proposed buildings within the site in terms of the layouts, designs, scales, forms and finishes are appropriate and would result in a pleasant housing development/Community Hub to live within and visit. 6.2.6 Accordingly, whilst there will be an impact to the visual amenities of the area, it is considered the proposals would be acceptable and comply with General Policy 2 of the IOMSP and the Residential Design Guide 2021.

POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES (General Policy 2 & Residential Design Guide) 6.3.1 The second issue relates to the potential impact of the development upon the residential amenities of neighbouring properties. Given the size of the site and number of dwellings, all properties adjacent to the site will be impacted by the development. Any development would have an impact; the issue to consider is whether the proposed development would significantly impacts upon the amenities of the neighbouring properties. Generally the main issue relate to overlooking resulting in a loss of privacy, overbearing impact upon outlooks and/or loss of light.

6.3.2 In terms of overlooking a general guide which the department utilises is the 20 metres measure, which is taken between direct facing windows, generally two storey properties. In this case all the proposed dwellings are greater than 20 metres from neighbouring existing properties (majority 45m away). The exceptions are plots 15 & 17 which are approximately 14m to the bungalows to the north. However, dwellings on plots 15 & 17 are single storey and only have a single small bedroom window facing towards these properties. There is no concern of overlooking.

6.3.3 Again in terms of distance the proposed dwellings from neighbouring properties, scale and height of new dwellings and their design, it is not considered the proposed dwelling would give raise to any significant adverse impacts upon the amenities of the existing residents to warrant a refusal. The Community Hub is set a significant distance form any residential property to raise any concerns. Further traffic serving this Community Hub would be accessed via the A14 road, which is away from residential properties. Therefore additional traffic/visitors will not impact local residents on this immediate area.

6.3.4 Overall, whilst the proposed development will have an impacts upon existing neighbouring properties, it is considered for the reasons given the proposed development would not having an significant impacts upon the residential amenities of the neighbouring properties and therefore comply with General Policy 2 of the IOMSP.

POTENTIAL IMPACT UPON HIGHWAY SAFETY/PARKING PROVISION (Transport Policy 1, 2, 4, 5, 6 & 7 & General Policy 2) 6.4.1 Highway Services have considered the application in details and have made a number of detail comments. These comments have result in some amendments/additional information being provided. However, as can be seen from Highway Services the traffic generated by the development is acceptable and would not raise any adverse safety issues. Therefore Highway Services have raised no objection.

6.4.2 Each of the proposed dwellings would have least two off road parking spaces (a number have four), some fronting, side and rear of the properties. This is to try break up the parking spaces rather than the space fronting all the properties which can cause adverse visual impacts in the street scene. Therefore the parking provision for the development complies with the

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relevant IOMSP Parking Standards. Highway Services also raise no objection to the level of parking provided, including the level of parking associated with the Community Hub.

POTENTIAL DRAINAGE/FLOODING CONCERNS (Environment Policy 13) 6.5.1 The Flood Maps show various isolated areas of surface water flooding within the site, namely the concrete hard standings/pathways. There is no Tidal or River Flooding of this site. Manx Utilities Drainage and the Flood Risk Management raise no objection to the application.

6.5.2 The applicants within their Drainage Strategy state; "For the purposes of this report, it may be assumed, given previous experience in the area, that adopting a SUDS approach that utilises infiltration features will be feasible for the proposed developments. The housing development may be split into two sections. Firstly, the impermeable sections of adopted highway and the Green Lane will be drained into an infiltration swale via a traditional underground drainage system, and directly from carriageway cross fall, respectively.

It is proposed that the remainder of the site consists of permeable constructions with the 'access drives' consisting permeable paving and the private driveways utilising stone/grass infilled geocellular units. The roof drainage from each plot will be transferred, via rainwater pipes, to a linear soakaway system consisting underground pipes with perforations to the lower half to enable infiltration into the anticipated sands and gravels below. Each plot will be drained independently. The proposals for the Community Hub contain large areas of landscaping and potentially allotments for local residents.

Within this facility it is proposed to provide a mix of permeable and impermeable hardstanding areas, with the latter to drain via nominal cross fall into adjacent landscaped areas. The roof water from the retail/commercial use building will be collected, via rainwater pipes, into water butts for use on the nearby landscaping/allotments with overflow outlets provided to below ground linear soakaways as described previously.

It is anticipated that a series of percolation tests will be required to ascertain an appropriate infiltration rate prior to the further development of the detailed drainage design.".

AFFORDABLE HOUSING PROVISION (Housing Policy 5) 6.6.1 Housing Policy 5 of the Strategic Plan indicates that the Planning Authority 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. Given submission proposed 21 dwellings this equates to 5.25 affordable dwellings. It is noted that the 3 bungalows are proposed for public sector rent and therefore a remaining 2.25 units would be required.

6.6.2 However, it is noted the applicants are the Department Of Infrastructure who are responsible for Housing. The situation is similar to when there are planning applications for social housing made by Local Authorities. In such cases the Department does not require a Section 13 for Affordable Housing as the Local Authorities are providing them (social housing) and therefore only a condition is attached to such approval which indicated that the application can only be taken up by which ever LA has made the application.

6.6.3 In this case it appears more complicated, in that 18 of the dwellings are potentially be sold on the "Open Market" albeit The applicants suggest perhaps via a social enterprise organisation or a co-housing organisation. On this matter the applicants have indicated (further detailed comments within letter dated 7th October 2021) that:

"It may well be that the Department will lease the land for 18 of the 21 dwellings to a Collaborative Housing group and by doing so the land is charged via a ground lease, in much the same way that all the commercial buildings are charged on the Jurby Industrial Estate. By doing so, the new dwellings can be created without the cost of building plots being charged at

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the outset. The value of the land is recovered over the length of the leases. By adopting this approach it relieves the group of a major part of the development cost, so in that sense the 18 units are undoubtedly Affordable, as the land provision is being made over a long period of time rather than as a freehold disposal. Long leases are acceptable to funders, particularly in respect of apartments.

We believe that if the Department can offer leasehold then it makes the dwellings 'affordable' as while the cost of the land is recovered from the leaseholder over lease length, the mechanism makes something affordable which might not be if the Co-Housing collective had to purchase the land outright at the outset. The definition of Affordable Housing does not directly identify the provision of land in lease form as a more affordable route to development but in practice it would make development possible where under traditional private development it would not be so."

6.6.4 There may be concern that the site may just be sold on the open market without any Legal Agreement or conditions etc. in place. It is noted it is indicated that DOI wouldn't be building them, therefore it is more difficult to attach a condition that only DOI can take up the permission, like is done for Local Authorities. This would obvious not be what the applicants are seeking and given they are the Department of Infrastructure there is comfort that the selling of the site on the open market with no affordable housing is unlikely. The applicants indicate that;

"With respect to the definitions of 'Affordable' and 'Open Market', the Department's PA proposes the development of 3 Public Sector Homes for Rent and up to 18 other dwellings which are developed on the basis described. The Department's view is that these would also be considered to be affordable as the intent is that the infrastructure to create the development plots, the supporting community facilities and the Community Hub space in which new potential employment / businesses facilities can be developed is initially funded from the public purse. The Jurby Initiative will also focus on making the village a more attractive place for people to live, for existing residents and others who may wish to move there. This comprehensive approach is seeking to help Jurby become a sustainable settlement which supports well-being and Government's 'Active Travel' policy agenda. An increase in population in Jurby will also help to support the important existing resources of the Jurby Medical Centre and Jurby Community School."

6.6.5 Further the applications have indicated that they would be happy to agree that a condition be put in place that it, or its nominee, would be the only entity able to take the development forward, and that constructed homes could not be sold on the open market for a period of time / or ever following occupation (as appropriate and agreed with any new community housing organisation which the Department may work with going forward).

6.6.6 The applicants also confirm that; "We can advise that the current Housing Waiting Lists for 'Affordable Homes' in the North of the Island shows that 87 persons are seeking Public Sector Homes for Rent and 34 persons are on the Register for the purchase of First Time Buyer Homes."

Accordingly, this demonstrates there is a need for this type of housing in the North of the Island.

6.6.7 Clearly what is proposed differs to the normal way that "Affordable Housing" is provided. Again it should be noted that 3 bungalows proposed are for Affordable Housing (rental) via the normal process. This leaves the potential shortfall of 2.25 units. However, for the reasons indicated it is considered while the proposal may not follow the "normal lines" for the provision of Affordable Housing it is considered with an appropriate condition attached and given the Department of Infrastructure would be the party in control of the scheme going forward (which is also the Department responsible for Affordable Housing) the proposal would

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provide Affordable Housing in time. It is therefore considered the proposal would comply with Housing Policy 5.

OPEN SPACE PROVISION (Recreation Policy 2, 3, 4 & 5) 6.7.1 The applicants have indicated that in terms of Open Space Provision and as outlined within the IOM Strategic Plan a total of; Formal Open Space Requirement 909sqm; Children's Play Space Requirement 303sqm and Amenity Space Requirement 404sqm would be required for the proposed 21 dwellings. In response the applicants have indicated the following; "Formal Open Space Land for allotments / community use to the north of the Community Hub / Community Garden - 5285m2

Children's Play Space Existing Jurby Parish Commissioners playground (located on Department of Infrastructure land)

• 1330m2 - Existing Jurby Parish Commissioners Hall external grounds - 3147m2 - Existing play areas and grassed space within Jurby Community School - 30723m2 - Existing BMX cycle track (located on Department of Infrastructure land) - 2857m2 - Proposed area for Junior Trials Bikes / Community Use - 2890m2 - Land for Community Use (shaded 'blue') - optional use for additional children's play space (subject to community consultation and agreement) -2070m2

Amenity Space Open grass land to the north of the proposed development - 7093m2 - Access to existing coast line from A10 - (undefined m2)."

6.7.2 While some of the land indicated above is existing Public Open Space, it is clear that large sections of land have been allotted for various recreation uses and would more than meet the requirements of Recreation Policy 3.

Fire Provision (Community Policy 10 & 11) 6.8.1 As outlined within the initial objects by Isle of Man Fire & Rescue Service there were significant concerns in relation to inadequate supplies of water for fire-fighting purposes. Accordingly, over the last month's discussion have been on-going within Government to resolve the issue, which also relates to a number of planning applications in the Jurby area. A shorter to medium term resolution is what has now been submitted as part of this application which is two install six water tanks which will hold a total of 150,000 litres of water for firefighting purposes within the Jurby Industrial Estate. This will enable fire engines being able to refill their water tanks quickly and within Jurby Village. Any approval of this application should include a condition which requires these six tanks to be installed and completed prior to any works commencing on the rest of the development.

6.8.2 Isle of Man Fire & Rescue Service has withdrawn their objection subject to the above provision being provided. No objection has been received from Highway Services or the Fire & Rescue Service in relation to access of fire apparatus etc. Accordingly, the proposal would comply with Community Policy 10 & 11.

Potential Ecology Impact - (Strategic Policy 4, General Policy 2, Environment Policy 4 & Environment Policy 5)

6.9.1 It is clear from the comments from the Ecology Team of DEFA that they have significant concerns with the proposal, namely the development of the housing in Area A. This is given the loss of species-rich section of the grassland and the proposed residential development will fragment the existing grassland and this will cause a loss of resilience for the species in the remainder of grassland. It is recommended any person considering the application read their

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report (including aerial imagery) in full to gain a full understanding of the issue in hand. There is also concern of impacts upon legally protected lizards, and the grassland has potential for breeding skylark and meadow pipit birds.

6.9.2 There concerns highlight that this type of grass land was identified in a survey in 1992 and that only 633.96ha, just 1.1% of the land area of the Isle of Man had this type. Furthermore they consider this is likely to have reduced further since this time due to changes in agricultural practices. The applicants did seek Manx Wildlife Trust to undertake a preliminary assessment (mid-September and early October 2020- out of season) and this report can be found online ("Housing and Community Design Statement Part 2"). This report noted that; "1.1 The site is a large area of semi-improved neutral grassland (Figure 1) that has been flagged up as a Potential Wildlife Site (Manx Wildlife Trust GIS). This area formed part of Jurby airfield in WW2 when many concrete paths and broader areas of concrete were laid across it with temporary buildings, now removed.

1.2 More recently different parts of the site have been used and managed in a variety of ways: o areas of unmown grass previously cut for hay o short mown grass around the Parade Ground, cricket pitch, formal playground o areas of dumping that has been used as BMX track, informal playground o uncut areas that have developed gorse o still standing wartime constructions covered in gorse scrub o disturbance in the area of a previous farmhouse and farm buildings, now demolished.

1.3 The mowing frequency and height of the grassland also varies across the site."

6.9.3 This report notes that the; "timing of the survey was very late in the year for recording grassland as there are several characteristic species which would be over by this time." Further it states that; "Much of the grassland has been uncut for some years and is quite dense which will have obscured some plants. 2.9 Other areas of the site have been continuously short-mown which has reduced the possibility of identification of some species."

6.9.4 The report indicated that "Many species characteristic of species-rich neutral grassland were found..." The report has split the area into 7 compartments. Of particularly importance is Compartment 4 which is where the proposed dwellings would be located. The report indicated that:

"3.13 Despite the fact that this large area of unmanaged grass is in urgent need of mowing, it would benefit ecologically from hay cutting and it has the good characteristics of neutral species-rich grassland habitat. Lady's bedstraw (Galium verum) and bulbous buttercup (Ranunculus bulbous) are of particular significance as they indicate the mesotrophic (neutral) calcareous nature of the soil and its relative un-disturbance.

3.14 There is scattered gorse in some areas which has been increasing in recent years, presumably since management stopped. Earlier aerial photographs show relatively little gorse.

3.15 This compartment has the highest number of species (67) and the most diversity of neutral grassland species.

3.16 Number of indicator species = 19"

6.9.5 The report does highlight that there were a number of species not found during the present survey that might be expected and are characteristic of neutral grassland. These were, however, only recorded occasionally or rarely on the Jurby ASSI.

6.9.6 The report recommends that: "7.1 The key constraint of any development work is the protection of the area of most biodiversity in the north-western and western part of the site. Compartments 3 and 4 are the

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best areas of neutral grassland and should be retained where possible in accordance with Government Planning Policy (refer to Appendix II). Where not possible, mitigation for no-net- loss would include an (area-based) like for like habitat creation of species-rich, neutral grassland. This new grassland should be created from turf from the development site or sown from 'green hay' from the ASSI. Protecting and properly managing these species-rich areas will provide mitigation for the loss of species-poor grassland on the development sites (refer to Appendix II, section 5).

7.2 The preferred areas for development are: o Compartment 2 (the Parade Ground) and surrounding area where the ground is covered with large areas of concrete and where the grassland biodiversity has been reduced by intensive mowing and nutrient enrichment. o Compartments 1, 5, 6 and 7 where there has been much more alteration of the habitat by various activities, such as non-native species introductions and more intensive human activity.

7.3 Compartment 5 is not suitable as a wildlife/nature reserve area because of the gorse and the non-native species. It is too small an area to be maintained as representative and viable, species-rich neutral grassland."

6.9.7 It is a clear undeniable fact that the construction of the dwelling of part of the grassland will have an ecologic impact. The applicants in support of the application in relation to ecologic issues are outline within paragraph 5.7.1 of this report. Their key points are that they did amend parts of the scheme following pre-application advice with the Ecosystem team (EPT) to minimise the impact of the development on the existing grassland. They also agreed at that point to manage grass cutting on the Department's land (DOI) in a different way going forward, as advised by the EPT to add to the biodiversity of the site. Further the development retains significant amount of the land in question. The applicants comment that;

"The issue of 'proportionality' also needs to be considered. DEFA refer to 'fragmentation and isolation of surviving patches of semi-natural habitats'. The Department's proposed development of housing, community hub, paths, new road etc. occupies approximately 25% of the land within areas '1-7' as documented by DEFA but significantly less if measured against the area identified by DEFA as surveyed species-rich grassland. In any assessment therefore the Department notes that the amount of land left undeveloped is significantly more than '...surviving patches of semi-natural habitats'. Additionally the Department has committed in its Application to introduce mitigation measures into the proposed development to maximise the re-use of species-rich turf within the landscape works supporting the development."

6.9.8 They are also willing to accept the condition listed to mitigate the impact.

6.9.9 Reference has been made to the UNESCO Biosphere Status of the Island. Under the Biosphere the IOM as a whole is split into three zones, Core, Care and a Sustainable Development Zones. The application site is within a "Care (Buffer) Area terrestrial". These are areas that are;

"These include sustainably managed ecological and/or heritage areas which enrich people's lives. They include Manx Wildlife Trust nature reserves, Manx National Heritage land, ancient monuments, uplands, glens, public footpaths, plantations, registered trees, water catchment areas and the rest of the Isle of Man's inshore waters, where commercial fishing is more carefully managed.". For information the Jurby Indusial Estate, Bretney Estate and other built up areas of Jurby north and south of the site are regarded as a "Sustainable Development (Transition) Arras". These are the areas where most people live, the towns, villages and the connecting infrastructure, and areas of our sea where we live, work and conduct everyday activity, mindful of our need to live sustainably. The land around the Jurby Airfield is designated as a "Core Terrestrial" zone which are habitats worthy of the highest protection and already protected in law. They include the Ayres National Nature Reserve, Areas of Special Scientific Interest, the Ballaugh Curraghs Ramsar site, the Calf of Man, Ramsey Bay Marine

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Nature Reserve, Port Erin Bay Closed Area, Baie-ny-Carrickey Closed Area, Douglas Bay Closed Area, Laxey Bay Sea Fisheries Restricted Area and Niarbyl Bay, Sea Fisheries Restricted Area (all now Marine Nature Reserves). The Jurby Airfield area is also an Areas of Special Scientific Interest (ASSI).

6.9.10 It is understood that the UNESCO Biosphere Status has not been intended to raise new restrictions additional to the usual considerations for wildlife and the countryside, though it is clear that it does bring special emphasis and an international focus on the protection of sites on the Isle of Man and sustainable forms of development in appropriate places."

6.9.11 It is worth noting that there are no specifically planning policies which restrict development because of the UNESCO Biosphere status. However, It would appear from the comments made by the Senior Biodiversity Officer that existing planning policies seeking to protect the environment/ecology etc. (and other legislation within DEFA) are still in place to ensure the impacts to the sensitive areas like the Care & Core Zones are still protected from development which causes harm.

6.9.12 Overall, when considering the potential impact on Ecology upon the site it is clear there will be an impact. Therefore the impact upon the ecology impact is a negative factor in the determination of the application. There are potential mitigating measures which can be conditioned; however, any decision maker must be aware that any development of the site will have an ecology impacts, even with mitigation in place. However, this issue needs to be balanced against possible positives of the development.

Community Hub 6.7.1 The applicants have indicated that Treasury are supporting the development of the infrastructure to support new housing development including a Community Hub / Garden area to promote social engagement and provide potential employment / small business opportunities. It is intended that these facilities will also deliver a financial return over time.

6.7.2 The 'Community Hub' proposals include 4 x Polycrub Green Houses; 10 x Hobby / Small Business Enterprise Studio Units; an area for food growing or other agricultural/horticultural endeavours; a Toilet Block with 2 x wheelchair-accessible toilets and baby changing facilities; cycle parking; fencing and hedging to the perimeter; and grassed areas. The submitted plan does also suggest two parcels of land could be used for a children's nursery and another for another potential community use. However, these two sites would require a further planning application to be developed.

6.7.3 The majority of the works raise no concern and are welcome. The main aspect to consider is the "10 x Hobby / Small Business Enterprise Studio Units". The applicants have confirmed that these are intended to provide small affordable work or hobby units which could be used for a range of 'non-industrial' compatible uses. Further, they comment that they would not wish to exclude any new small businesses or community enterprises from using one or more of the units for an enterprise which might include some retailing. These where proposed following the community engagement that the applicants undertook (see the Planning Background document (Appendix 2). The main issue, is if the units are used for retail purposes. Business Policy 9 indicates that the Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Business Policy 10 indicates retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5.

6.7.4 Each of the units equates to approximately 21sqm (some smaller some slightly larger) therefore they provide approximately 210sqm of total floor area. For the purposes of Business Policy 9 major retail development will be classed as any new or increase in existing retail development of more than 500 sq. metres of floor space measured externally. For the purposes

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of Business Policy 10 new neighbourhood shops within new residential developments will not normally comprise more than 100sq metres of floor space measured externally.

6.7.5 In this case while the site is not specifically show within a settlement boundary on a adopted local plan (IOM Development Plan 1982 is within the "Airfield" designation which incorporates most of Jurby); it is considered to be unreasonable to consider the site not within "Jurby Village", being located centrally and between the majority of housing within Jurby to the north and the Industrial estate and Community Facilities to the south. Accordingly, it is consider the "10 x Hobby / Small Business Enterprise Studio Units" would accord with Business Policies within the IOMSP and also Spatial Policy 3 which identifies Jurby Village as a "Service Village" which should increase employment opportunities. It is more likely that not all the unit will be used solely for retail and more likely a mix of hobby units, shops/retail, arts and crafts etc. The units are located a sufficient distance away from residential properties (existing and proposed) and therefore it is not considered these would adverse effect residential amenities in the area. A condition should be attached for appropriate use classes.

7.0 CONCLUSION 7.1 As outline within the ecology section of this report, the impact upon ecology is arguable the greatest issue with the proposal and one which weights against the application. As mention, with all planning applications there is a balance needed to be made. In relation to the balance of ecology and the proposed development the applicants have commented: "...The Department notes the long period of time (20 years +) in which Government has been working with it to support investment in Jurby and help it develop into a sustainable settlement with a good range of housing, community and leisure opportunities and employment to support a larger population in the longer term. The development proposals within the Department's Application have been brought forward to help this objective move forward, and possibly enhancing the area sufficiently to encourage private development to come forward. They are intended to reflect the philosophy of the UNESCO Biosphere Isle of Man project to see a:- 'good working balance between people and nature, not (about) nature, or people, in isolation' ...and are seeking to achieve this balance in the location of the new homes, community hub, enhanced grassland (through alternative management) and inter-connecting pathways and cycle way.

The Department regrets that DEFA's submission ignores the aspirations of the local community for a very modest amount of new housing on what is a brownfield site to support greater housing choices in the village, and the fact that the local community has highlighted in the feedback from the Public Meeting that they value a 'sensitive approach to development' - an approach which the Department has sought to weave into its development proposals."

7.1.1 The Department would comment that the Ecology Team of DEFA is not required to consider the "aspirations of the local community", rather they are required to solely consider there specialised issue i.e. ecology impacts. It is the Planning Department of DEFA which as mentioned needs to balance all the "pros and cons" of a development.

7.1.2 In this case it is very evident that for a number of decades a number of Departments of the IOM Government have sought to re-development/rejuvenate this brownfield site of Jurby, which currently separates the Village of Jurby and therefore which visually creates a disconnect between the areas. This proposal would essentially enable the re-development of this brownfield site in a positive manner bother from a visual perspective but also increase the housing types and community services within Jurby creating a more sustainable Village in the longer term as per IOMSP policy. Overall, while this has an adverse impact upon the ecology of the site and in the strictest terms the proposal does not accord with the historical land use designation; it is considered all other matters outlined within this report would comply with the relevant planning policies and overall the benefits of the proposal outweigh these concerns for the reasons indicated. The conditions of ecology mitigation should be attached to any approval which will help mitigate the impacts.

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7.1.3 Overall, it is considered the proposal would not have any significant adverse impacts upon public or private amenities and would therefore comply with Strategic Policy 1, 2, 5 & 10, Spatial Policy 3, General Policy 2 & 3, Environment Policy 2, 5 & 43, Housing Policy 1, 4 & 6, Business Policy 9 & 10, Recreation Policy 2 , 3, 4 & 5, Community Policy 1, 2, 10 & 11, Transport Policy 1, 2, 4, 5, 6 & 7, Infrastructure Policy 5 , Energy Policy 5 of the IOM Strategic Plan 2016 and Residential Design Guide 2021.

7.1.4 It is recommended that the planning application be approved for the reasons given within this report and subject to the conditions listed.

8.0 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:...01.11.2021

Signed :...C BALMER ... 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 01.11.2021

Application No. : 20/01516/B Applicant :

Department Of Infrastructure Proposal : Erection of 21 dwellings with associated parking, landscaping, and amenities Site Address : Bretney Infill Housing Development Temp Site Supply The Bretney Jurby Isle Of Man

Principal Planner : Mr Chris Balmer

Presenting Officer As above

Addendum to the Officer’s Report

The Committee approved the application subject to the amendment of conditions 6 and 7 -

C 6. Prior to the commencement of any other part of the development, the six water storage tanks as shown on drawings No P34 & P35 and Fire Fighting Water Tank Farm Design Statement shall be completed. The tanks shall be retained as such thereafter or until alternative means of water provision for firefighting purposes is provided.

Reason: To ensure adequate water for firefighting provision is provided.

C 7. The access and visibility splays as shown on drawings Nr P36 & 2019 - 146 - C002 B shall be constructed in accordance with the approved plans prior to construction of the dwellings, community hub or estate road. The visibility splays shall thereafter be kept permanently clear of any obstruction exceeding 1050 mm in height above the adjoining carriageway level.

Reason: In the interests of highway safety.