4 May 2022 · Planning Committee
Field 134278, Lezayre Road, Ramsey, Isle Of Man, IM8 2tn
Dandara Homes sought permission for 138 homes including two-storey terraces, semis, detached houses, dormer bungalows and single-storey bungalows on fields 134282 and 134284, finished in stone, render, brick, cladding, timber doors and dark grey slate-like tiles.
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Committee rejected officer's approval recommendation after site visit on 21.04.2022, refusing due to unacceptable environmental impacts including loss of trees and biodiversity (particularly protected…
Strategic Policy 10
Requires minimising car journeys, best use of public transport, no highway safety harm, pedestrian encouragement. Committee found pedestrian/public transport (esp. school children) inadequate.
General Policy 2
Requires no adverse amenity/ecology/flood/highway impacts. Failed due to tree/biodiversity loss, access, open space issues.
Environment Policy 3
Protects trees/woodland. Failed on roadside tree loss (G1 group) for access splays.
Environment Policy 4
Protects sites/habitats/species. Failed on protected birds (Barn/Long-eared Owl).
Recreation Policy 3
Requires usable amenity/open space. Failed as formal POS/play area unproven for levelling/draining.
Transport Policy 2
Requires new transport links. Failed on pedestrian provisions.
Transport Policy 6 - Equal weight for vehicles and pedestrians
Balances modes. Failed on pedestrian/public transport inadequacies.
no objection subject to conditions for access, internal roads, phasing, bus stop, paths, Travel Plan, drainage
no objection, request S13 for 25% affordable (34 dwellings + 0.5 commuted sum)
no objection subject to conditions for drainage engineering drawings, S8 adoption, sequencing, management company for SW basin
conditions for tree protection, Arboricultural Method Statement, planting
no objection subject to extensive conditions for CEMP, tree/hedge protection, bat/bird boxes, Tholtan enhancements, habitat plans, lighting
no objection subject to conditions for watercourse works timing, runoff management, method statements
satisfied with flood info, no objection
satisfied with highway drainage, no objection
DEFA Biodiversity and Arboricultural Officer provide conditional no objection to the residential development after mitigation measures addressed ecological and tree concerns; Highways require additional details and revisions but do not object; Lezayre Parish Commissioners request consultation extensions without substantive position on proposal.
Key concern: impacts on Isle of Man red listed bird species of highest conservation concern
DEFA Ecosystem Policy Team
Conditional No ObjectionOn the basis that a number of mitigation measures are to be included on site and will be conditioned on approval, the Ecosystem Policy Team no longer object to these proposals; The Ecosystem Policy Team would maintain its objection should the below conditions not be secured; The Ecosystem Policy Team would strongly object to this application should the below conditions not be secured
Conditions requested: Ecological Clerk of Works (ECoW) appointed for pre-construction and construction phases; Construction Environmental Management Plan (CEMP) prior to works including PWMS for frogs, lizards, birds, bats, invasive plants; Up to date tree protection plan with construction exclusion areas prior to works; Selective boundary planting plan prior to construction of any dwelling; Re-assessment of roadside trees prior to clearance per Manx Bat Group method statement; Bat and bird box plan as per drawings 203.02 Rev C and 203.01; Tholtan re-roofing, nest boxes, protective fencing plan prior to any dwelling construction; Long-term habitat enhancement plan for fields north of railway and field 132288 prior to occupation; Habitat creation and maintenance plan for attenuation, woodland, wildflower, marshy grassland areas prior to occupation; Detailed external low level lighting scheme per BCT and ILP Guidance Note 8 prior to installation; Planting per Revised Landscape Plan 01.06 Rev H and Planting Schedule Miln_PAL-31@A1
Senior Arboricultural Officer, DEFA Agriculture & Lands Directorate
Conditional No ObjectionNo new issues have come to light through the submission of these amendments. My recommendations regarding conditions remain the same; Remaining concerns could be addressed through the recommended conditions
Conditions requested: No retained tree cut down, uprooted or destroyed during development or within 5 years of occupation without approval; Updated Tree Protection Plan prior to commencement including protection for drainage, footpaths, cables; Arboricultural Method Statement (AMS) per BS5837:2012 prior to commencement with protective measures, specialist techniques, Arboricultural Monitoring Programme (AMP); All tree planting per approved details with 5-year replacement
Highway Services Division, Department of Infrastructure
Conditional No ObjectionFrom the highway viewpoint, the revised proposal is more acceptable; Recommendation: Additional details and revisions. Alternatively, should Planning be minded to approve, for conditions and an advisory to be applied
Conditions requested: Pre-commencement details for bus stop/shelter north side Lezayre Road eastern boundary; Gating arrangement at Lezayre Road pedestrian entrance; Modifications to internal streets/paths at initial bend and between plots 104/105; Bicycle parking provision details; Speed limit modification from 50 to 40mph; Travel Plan amendments for occupancy-based surveys; Dismantled railway layout, surfacing, connections; Riverside path layouts, surfacing, connections
Highway Services Division, Department of Infrastructure
No CommentRecommendation: Additional details and revisions
Lezayre Parish Commissioners
No CommentWe would like to reiterate again our reasoning behind delaying the consultation period for this application
The original application for 138 dwellings (reduced from 181) on land allocated for residential use in the 1982 Development Plan was refused by the Planning Committee contrary to officer recommendation, citing environmental impacts, access issues, inadequate open space, and lack of housing need per emerging Area Plan evidence. Appellant argued strong policy support from 1982 allocation, no housing need conflict, and mitigation for trees/ecology/highways. Inspector found principle acceptable per 1982 Plan but inappropriate in isolation due to flood risks preventing northward links, creating rural outlier; significant landscape harm from intrusion into countryside; residual biodiversity harm despite mitigations; no pedestrian/highway safety issues. Benefits (34 affordable homes, economic gains) did not outweigh harms, recommending dismissal.
Precedent Value
Confirms allocated greenfield sites can be approved if harms mitigated, but flood/infrastructure changes can isolate sites making principle unacceptable; housing 'need' not overriding if unproven; emerging Plans limited weight pre-Inquiry.
Inspector: Mrs Jennifer Vyse DipTP, MRTPI, DipPBM
