2 September 2022 · Planning Committee
Land Adjacent To Bretney Estate, West Loughan, Jurby, Isle Of Man, IM7 3bn
The proposal involves building 23 houses on a 1.72 hectare flat grassland field on Bretney Road in Jurby, including a mix of semi-detached bungalows, two-storey terraces, semis and detached homes at 13.4 dwellings per hectare, with 2,892 m² of public open space exceeding requirements.
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The principle of residential development is acceptable as the site is designated 'Areas of Predominately Residential Use - Proposed' under the IOM Development Plan 1982, supported by historical studie…
Strategic Policy 1
Requires optimising use of land, efficient site use with access/landscaping/open space, utilising infrastructure. Site uses zoned land near services in sustainable village location.
Strategic Policy 2 - Priority for new development to identified towns and villages
Locates development in existing villages or sustainable extensions. Jurby as Service Village with historical regeneration support; site infills designated land.
Spatial Policy 5
Requires positive environmental contribution via design. Varied house types, traditional render, low density (13.4/ha), central open space accepted as pleasant.
Strategic Policy 10
Promotes integrated transport minimising car use. 150m to bus stop, pedestrian links, adequate parking; Highway Services satisfied.
Spatial Policy 3
Service Villages like Jurby for local housing needs. Meets local needs, broadens choice in employment area.
General Policy 2
Permits zoned development respecting site/surroundings, amenities, highways, ecology, services. All tests passed: no adverse amenity/highway/ecology impacts, services viable.
Environment Policy 4
Protects species/habitats. Assessments confirm mitigations for common lizards, nesting birds, trees; conditions secure implementation.
Environment Policy 5
Mitigates ecological impacts where development allowed. Conditions and management plan for hibernaculum, bricks, grassland maintenance.
Environment Policy 42
Design respects local character. Low density, sod banks/gorse retained where possible, central green space enhances setting.
Housing Policy 1
Provides for housing needs. Contributes to Strategic Plan targets in zoned location.
Housing Policy 4
Housing in zoned village land. Acceptable as sustainable extension.
Housing Policy 5
25% affordable for 8+ dwellings. 6 units (26%) via Section 13.
Housing Policy 6
Zoned development per area plan brief. Complies with design criteria.
Recreation Policy 3
New residential provides landscaped amenity/open space per standards. 2,892 m² exceeds 1,824 m² requirement.
Community Policy 10
Requires fire access/water. Water upgrade committed; condition removed post-resolution.
Transport Policy 1
Near public transport. 150m to bus stop.
Transport Policy 7
Parking per standards. 2 spaces per dwelling provided.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Visibility splays
Prior to the commencement of the construction of any of the dwellings hereby approved, the visibility splay(s) identified on drawing ITB15436-GA-006 REV C; shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level.
Estate roads and lighting
No dwelling shall be occupied until the estate road from the junction of the adopted highway to the access of that dwelling has been constructed at least to base course level and lighting has been provided.
Car parking
Prior to the occupation of any dwelling 2 car parking spaces associated with that dwelling as shown on approved drawing 01 REV D shall be provided and retained as such thereafter.
Landscaping scheme
All planting, seeding or turfing comprised in the approved details of landscaping (drawings 01 REV D & 02 REV B) must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling/s, 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 and fences/walls shall be completed in full accordance with the approved details (drawings 01 REV D & 06 REV E) prior to the first occupation of the dwelling/s hereby permitted.
Tree retention
No retained tree shall be cut down, uprooted, destroyed or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that trees marked for retention die or become damaged or otherwise defective prior to commencement or during the construction phase due to events outside the applicants control, the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.
Tree protection installation
Prior to the commencement of the development hereby approved, the protection measures detailed in the drawing entitled Outline Tree Protection EAST (ref TPW-280221), submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process, unless stated otherwise.
Construction Exclusion Zone
Within the Construction Exclusion Zone (CEZ) identified on the drawing entitled Outline Tree Protection EAST (ref TPW-280221), nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit, without prior written consent of the Department. The CEZ implemented in accordance with this condition shall be maintained in position until the development is complete.
Common lizard mitigation
The mitigation for common lizards, as detailed in section 2.2 of the 'Technical Notes: Ecological Impact and Common Lizards Mitigation' dated March 2021.
Nesting birds mitigation
The mitigation for nesting birds, as detailed in the table at 5.1 of the preliminary ecological appraisal dated January 2021 shall be full adhered to.
Lizard hibernaculum
Prior to the commencement of the development hereby approved, details of the proposed lizard hibernaculm as shown in the Detailed Landscape proposals shall be submitted to and approved in writing, including timescale for its construction and for seeding of the surrounding area. The hibernaculm shall be constructed in accordance with the approved details and retained as such thereafter.
Bee, bird and bat bricks
The erection of bee, bird and bat bricks on every property, as is shown in the Proposed Site Plan (04 REV D) shall be completed prior to the occupation of the dwelling and retained thereafter.
Open space management
Prior to the commencement of the development hereby approved, details shall be submitted to and approved in writing by the Department which set out the long term maintenance and management of the open space and landscaped areas, taking into account the Preliminary Ecological Appraisal dated January 2021, Technical Note: Habitat dated February 2021 and Notes: Ecological Impact and Common Lizards Mitigation dated March 2021 (including provision for the area shown on the Detailed Landscape Proposals as "Species Rich Grassland/Wildflower Seeded Areas" which contains the hibernaculm to be cut in early September and again in winter, on a rotational basis to maintain structural diversity for lizards and suitable habitat year-round). The site shall be maintained in accordance with the approved details.
Pedestrian footpath
Prior to the commencement of the development hereby approved, details shall be submitted to and approved in writing by the Department which show a pedestrian footpath running from the approved estate road (turning head) to the southern boundary of the site. This approved pedestrian footpath shall be completed prior to the occupation of the last dwelling and retained thereafter. The pedestrian footpath shall also be completed so it is possible to be connected to any highway/path within the adjacent site without any obstruction or ownership issues.
No further comments on amended plans; support subject to water supply upgrade and Bretney Road speed concerns (highway matter)
No opposition subject to conditions covering access, visibility splays, off-site works, street layout, parking
Satisfied with proposal following additional plans
Do not object
Suitable assessments; mitigations incorporated; seek conditions for lizards, birds, bee/bird/bat bricks
Request Section 13 agreement for 25% affordable housing (6 units proposed)
Tree protection measures in place; recommend conditions
Support tree protection, lizard/bird mitigations and long-term management
Sufficient water supplies for firefighting (8 l/s available)
Multiple statutory consultees including DOI Highways, DOI Drainage, Chief Fire Officer, Ecosystem Policy Officer, Arboricultural Officer, Manx National Heritage, Manx Utilities, and Public Estates and Housing Division provided responses, ultimately raising no objections subject t…
Key concern: initial highways and drainage design inadequacies resolved by amendments
DOI Highway Services Division
Conditional No ObjectionRecommendation: Additional information and revisions; The amendments and additions are acceptable to Highway Services; Recommendation: DNOC
Conditions requested: access, visibility splays, off-site highway works, street layout, on-plot pedestrian and vehicle areas to accord with specified drawings
DOI Highway Drainage
Conditional No ObjectionWe are now satisfied with the proposals and can agree the construction details as part of the S4 agreement
Conditions requested: construction details as part of the S4 agreement
Chief Fire Officer
No Objectionwe have withdrawn our objections to the current applications; we have been assured the water infrastructure will be upgraded
Arboricultural Officer
Conditional No Objectionprotection measures will be in place to protect these trees
Conditions requested: No retained tree shall be cut down... within 5 years; protection measures detailed in drawing TPW-280221 shall be fully installed prior to commencement; nothing shall be stored... within Construction Exclusion Zone
DEFA Ecosystem Policy Officer
Conditional No Objectiona suitable level of assessment has been undertaken
Conditions requested: mitigation for Common lizards as detailed in Section 2.2; mitigation for nesting birds as detailed in table at 5.1; erection of bee, bird and bat bricks on every property; planting plan and species rich grassland with long-term management
Manx National Heritage
Conditional No Objectionrecommend that a qualified Arboriculturalist be engaged
Conditions requested: qualified Arboriculturalist to oversee tree protection; regular inspections of tree protection area; mitigation for Common lizards; long-term management of wildflower areas
Manx Utilities
No Objectionthere is sufficient water supplies for fire fighting capabilities
Public Estates and Housing Division
Conditional No Objectionrequest that consideration be given... to include a requirement... for the applicant to enter into a Section 13 Agreement
Conditions requested: Section 13 Agreement for 25% affordable housing
