Planning Officer's Report

Planning

Officer’s Report on PA04/00965/B - Erection of 6 four bedroom houses, 61 three bedroom houses, 37 two bedroom houses, 18 two bedroom flats, 20 one and two bedroom apartments and 5 residential plots, with roads, footpaths, car parking, play area, and public facility area, Field 531760 And Part Of Field 531761, Land At Corner Of Ballanard Road And Johnny Watterson Lane Douglas.

Introduction

1. This report sets out the facts relating to the current planning application, and includes conclusions and recommendations for consideration by the person appointed to report on the application.

1. This report has been prepared by Mr Brian Sinden, the Development Control Officer for the Douglas area, working within the Planning and Building Control Directorate. The Directorate is part of the Department of Local Government and the Environment. The Department is the applicant.

The Site

1. The site comprises an area of open agricultural land adjoining the north-western side of Johnny Watterson Lane immediately north of its junction with Ballanard Road. There is also a frontage to Ballanard Road, opposite The Abbey Woods. Beyond this frontage, the site adjoins the rear gardens of housing on Ballanard Road. To the north and east of the site is further open land; that part adjoining the site is “blue-lined”.

1. On the Douglas Local Plan, the site is zoned as open space in agricultural use, as is the “blue-lined” area.

The Development

1. The application seeks full approval for the residential development of the site in the form of 142 dwellings and 5 plots, together with roads, sewerage, other services (including a water-treatment plant), and open community space (including a play area).

1. The application also indicates that the “blue-lined” area is intended to be used for public open space and recreational purposes, including a playing field and play areas for older children.

The Application

1. The application was received on the 17th of May, and notice thereof was given in the local press on the 20th of May. The gist of the written representations to hand at the time of preparing this report is as follows:-

• (a) Highway Authority: minor adjustment to layout needed in order to accommodate widening of Johnny Watterson Lane. (b) Local Authority: no objection. (c) Water Authority: premature until a supply of treated water can be made available.

• (d) DAFF (Wildlife and Conservation Office): a decision should be deferred pending a more detailed survey to determine whether lizards remain on the site.

• (e) Fire Safety Department: applicant should consult in relation to access, the siting of hydrants, and the Fire Precautions (Flats) Regulations 1996.

• (f) Environmental Health: the proposed flats must comply with the Housing (Flats) Regulations 1982.

• (g) S.P.M.C.E.: objection on grounds relating to land-use zoning, traffic, insensitivity, and wildlife interests.

• (h) Local Residents: objections on grounds relating to land-use zoning, greenfield development, traffic, water supply, detailed design, and wildlife issues.

• (i) Mr Jessopp: concerns relating to, inter alia, process, land-use zoning, affordability, density, and detailed design and layout. (j) Mr Clark: concerns relating to, inter alia, land-use zoning, process, layout, and precedent. (k) Ensign Homes: concerns relating to process and land-use zoning.

1. Since the application has been made by the Department of Local Government and the Environment, it has been referred to the Chief Secretary’s Office for processing in accordance with paragraph 8 of Schedule 1 to the Isle of Man Planning Scheme (Development Plan) Order 1982.

1. By letter of the 29th of July, the Planning Appeals Secretary advised that there that will be an Inquiry on the 22nd of September, and that any additional comments should be sent by the 27th of August.

Conclusions

1. The principal issues in this matter are

• (a) the planning process;
• (b) land-use zoning;
• (c) traffic;
• (d) water supply;
• (e) layout/design;
• (f) wildlife interests;
• (g) sustainability.

Each of these issues is considered in the following paragraphs.

Process

1. Within the submitted application is a statement by Mr J P Halliwell on behalf of the Director of Estates and Housing. Within this statement there is quoted, at paragraph 1.7, a resolution of Tynwald indicating that the Department of Local Government and the Environment should “bring forward for approval one or more Planning Development Orders to address specific local needs for (affordable) homes...”.

1. There has been expressed concern that, in making this planning application, the Department has not followed the process of making a Development Order referred to in the Tynwald resolution.

1. The Development Order process is intended to enable examination and resolution of the land-use issues in any particular order. The last such examination of Douglas was in 1997. At that time, the development of this site was not actively canvassed and is land-use zoning remained as Agricultural Open Space (as was the case in the preceding Douglas Local Plan in 1989).

1. The next such examination is likely to be as part of the preparation of an Area Plan for the east of the Island in 2007/8.

1. Meanwhile, it is of course open to any applicant to make a planning application in respect of “un-zoned” land, adducing in support evidence and arguments sufficient to warrant setting aside the current zoning of the land.

Land Use Zoning

1. The site is not zoned on the Local Plan for Residential use, but, rather, is zoned as Open Space in Agricultural use.

1. In considering planning applications, regard must be had, inter alia, to the matters set out in article 11 of the Isle of Man Planning Scheme (Development Plan) Order 1982. The first of these, as set out in the Article is

“(a) The principle of land use – the zones and notations on the plan; ...”.

1. It thus behoves any applicant for the development of land which is not zoned for the proposed purpose to adduce evidence to support the setting aside of the zoning. This does happen from time to time, particularly as Local Plans age and the circumstances prevailing at the time of their making change. The most recent such example where approval was granted is:

PA03/00427: Approval in principle for the extension of existing industrial estate on land adjacent to Middle River Industrial Estate, Pulrose Road, Douglas. Approved 18th September 2003. The site is contiguous with land which is zoned and being developed for industrial use, but is zoned as Private Woodland. The proposal was supported by the Department of Trade and Industry on grounds relating to a shortage of land suitable for industrial development.

Traffic

1. The Highway Authority has not objected to the proposed development, but has indicated that it will require “minor adjustment” to the layout such as to allow road widening. This would involve moving the footpath, but not any buildings. This requirement, if clarified such as to make it precise, could form the subject of a condition in the event of a planning approval.

1. Included with the application is a transport assessment which concludes that the development would not have an unacceptable impact on the local highway network, either in terms of highway safety or in terms of queues and delays for existing and new highway users.

Water Supply

1. The Water Authority has advised that, at the present time, there is insufficient capacity in the treatment works serving the eastern part of the Island to meet the additional demand which would arise from the proposed development.

1. This problem is temporary, and should be resolved once a replacement treatment plant is operational. The earliest date for this would be late 2007. It is possible, but not certain, that other measures could be undertaken meanwhile, and that the supply of treated water could thus be increased.

1. Proposed in the application is construction of an on-site water treatment plant. Outline engineering design proposals are included, and there is an available supply of raw water in Ballanard Road.

1. In the current circumstances, it would be necessary to require that the on-site plant should

• (a) be constructed and operational before any other on-site, water-consuming works; and
• (b) be de-commissioned and its site restored once a conventional mains supply of treated water is available.

Layout Design

1. The layout of the site and the design of the buildings has been prepared by architects in consultation with the Department’s own architect and also the Planning Directorate.

1. The proposed density is approximately 27 dwellings/ha (11/acre) overall. The density varies across the site and is rather lower at the south-western end of the site, adjoining Ballanard Road.

1. Included in the layout is space for community facilities and a local play area for young children. There is also an indication that recreational space and play areas for older children will be provided on adjoining land.

1. There is variety in the size and nature of the buildings, from 4-bedroomed detached houses to 2-bedroomed apartments. A mix of external finishes is proposed.

1. There is included with the application a landscape architect’s report which incorporates survey, analysis, and a Master Plan.

1. It is understood that the Crime Prevention Officer has been consulted on, and is content with the design of the layout.

Wildlife Interests

1. The Wildlife and Conservation Office of the Department of Agriculture, Fisheries and Forestry has indicated that a species of lizard has been recorded on the site, and that this species is protected under the Wildlife Act 1990.

1. In these circumstances, it may be appropriate to consider whether further detailed survey should be undertaken prior to disturbing the site.

Sustainability

1. One of the Department’s Strategic Objectives, as set out in the Draft Strategic Plan, is “to embrace the principles of sustainable development..”. It is therefore appropriate to examine the proposed development in this context.

1. The development can take advantage of existing mains sewerage and other services excepting mains water. Whilst the construction of an on-site water treatment plant for a temporary period is regrettable in this context, it is a result of a general problem rather than a site-specific problem.

1. The development would not have an adverse effect on acknowledged planning interest in terms of ecology or archaeology, with the possible exception of the lizards referred to in paragraphs 31/32 above.

1. In terms of closeness of community facilities, the site is within walking distance of shops in the Willaston Estate and the schools at St. Ninian’s. The site is within a short bus journey of the shops, civic and leisure facilities, and employment opportunities in the town centre.

1. The site is served by existing bus routes, and the proposed layout is such that a public bus route could serve the estate itself.

1. On-site community facilities can be accommodated, there would be a play area for young children, and there is an intention to provide recreational and play facilities on adjoining land.

Recommendations

1. Whilst there are several contentious issues in this application, the principal issue is whether the local need for affordable housing is sufficient to warrant setting aside the land use zoning in the Douglas Local Plan.

1. The case for so doing has been made by the Department’s Directorate of Estates and Housing, and should be assessed by an independent person. It would be invidious for officers within another of the Department’s Directorates to make this assessment.

1. If the person appointed to report on this application is minded to recommend approval, or to recommend conditions of approval for consideration in the event of a recommendation for refusal being rejected, it is suggested that consideration should be given to the following conditions:-

(1) The development hereby permitted shall commence before the expiration of four years from the date of this notice.

(2) All services including electricity and telephone where installed must be laid underground.

(3) No other works shall be commenced on site until the estate road junctions with the adopted highway, including visibility splays, have been set out and established and approved by the Planning Committee after consultation with the Highway Authority.

(4) No dwelling shall be occupied until there is a direct connection from it to an existing highway, via a footway and carriageway which are adequately lighted and completed up to and including base course level.

(5) No works shall be commenced on the penultimate dwelling on the site until the estate roads have completed.

(6) On completion, the proposed development will become a Home Zone; Home Zone features at the access points must be constructed prior to commencement of works on the penultimate dwelling.

(7) The proposed water-treatment plant must be constructed and functional as such prior to occupation of any of the proposed dwellings.

(8) Within one year of there being available to the site a conventional/mains supply of treated water, the on-site treatment plant must be decommissioned and removed from the site; the area so cleared must be levelled and grassed.

(9) No development may commence until there has been approved by the Planning Authority a scheme of landscaping which includes indications of all existing trees and hedges within the site and details of any to be retained together with measures for their protection during the course of construction.

(10) 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 dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are

removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

(11) Prior to the commencement of any building operations, samples of all external finishes (tiles, bricks, and render) must be submitted to and approved by the Planning Committee.

Notes

(1) All road construction details must be in compliance with Manx Roads 2. (2) An agreement under S4 of the Highways Act 1986 must be entered into between the developer and the Department of Transport prior to any work commencing on site. The developer should make contact with the Network Planning Section of the Department of Transport (tel: 686682). (3) The developer should consult the Fire Safety Department in respect of access, the siting of hydrants, and the Fire Precautions (Flats) Regulations 1996.