27 July 2023 · Planning Committee
Plot 1, Field 312909, Main Road, St Johns, Isle Of Man, IM4 3rd
The proposal seeks approval in principle for a single detached bungalow on part of Fields 312909 and 312711, located south of the A1 in St Johns between the primary school and Balladoyne Estate, within Area 1 designated for up to six residential units in the St John's Local Plan.
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The proposal complies with the residential land use designation in the St John's Local Plan and Policy RES/P/1 (Development Brief for Area 1), despite potentially exceeding the six-unit maximum due to…
Residential Development within Development Area 1
Limits Area 1 to maximum six single-storey units with no dormers, requires coordinated roads/sewers/plots/landscaping approval before detailed applications, permanent access via Balladoyne Estate allowed but no construction access through estate, and archaeological programme before commencement. Officer found principle acceptable despite potential seventh unit due to prior approvals, traffic capacity evidence for up to 20 units, and legal uncertainties; full compliance deferred to reserved matters.
General Policy 2
Permits development in line with Area Plan zoning if it respects siting/layout/scale, avoids adverse landscape/amenity/highway impacts, protects ecology, provides safe access/parking, and utilises infrastructure. Assessed as compliant overall as proposal fits residential zone, low single-unit impact, no ecology harm with mitigation, and highway concerns addressable by conditions despite access deliverability issues.
Strategic Policy 4
Requires protection/enhancement of archaeological sites, heritage, landscape, nature conservation, and no unacceptable pollution. Proposal complies via condition for archaeological report and scheme of investigation per RES/P/1; ecology mitigated per appraisal.
Housing Policy 4
New housing primarily in towns/villages or Area Plan extensions. Site in designated village residential area meets this over countryside exceptions.
Strategic Policy 1
Optimise use of under-used land, efficient site use with access/landscaping/amenity, utilise infrastructure. Development optimises designated infill site near services.
Strategic Policy 2 - Priority for new development to identified towns and villages
New development primarily in settlements or extensions. Aligns as village infill.
Strategic Policy 10
Promote integrated transport minimising car trips, safe highways. Site near public transport/heritage trail; highways no objection.
Environment Policy 4
No adverse effect on protected/local habitats/species. Preliminary Ecological Appraisal shows no significant impacts with mitigation at reserved matters.
Time limit
The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters. Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019
Reserved matters application time limit
Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
Reserved matters approval
Approval of the details of siting, design, external appearance of the building[s], internal layout, landscaping of the site, drainage (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced. Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019.
Landscaping and planting plan
The application for the reserved matters must include a detailed landscaping and planting plan which demonstrates how the introduction of new trees and shrubs will result in an acceptable visual and ecological impact on the area. Reason: appropriate landscaping can enhance the site in terms of the visual impact and effect on well-being, ecology, drainage, cooling, traffic calming, the value of the development and the environment.
Ecological mitigation integration
The application for reserved matters must include details of the approach taken to integrate the recommended Preliminary Ecological Appraisal mitigation measures within the development. Reason: to enhance the ecological impact of the development.
Archaeological report
The application for the reserved matters must include an Archaeological Report for the site, which includes a programme of archaeological work in accordance with a written scheme of investigation and measures for mitigation of any adverse impact thereon. The development must be undertaken in accordance with the recommendations of the Archaeological Report. Reason: to ensure compliance with Strategic Policy 4 and POLICY: RES/P/1 of the St. John Local Plan.
Highway details
The application for the reserved matters must include the following highway information: i. Formal right of permanent access to site via Balladoyne Estate Road; ii. Full geometric and technical details for the means of access to / from the site; iii. Details of all parking provision which demonstrates that a range of vehicles including those larger than standard cars, can be accommodated within the site; iv. Details of the storage of waste receptacles; v. Vehicle tracking information relating to a box van and a refuse vehicle demonstrating that they can satisfactorily access, manouevre within and egress from the site; vi. Details of the provision of secure bicycle storage; vii. The surface treatment of any roadways and other parts of the site which will not be covered by buildings; viii. Details of the construction access to the site. Reason: the submitted information does not demonstrate how these matters will satisfactorily be addressed.
Accepts revision to one unit with construction access via Peel Road and permanent access from Balladoyne; no objection subject to conditions for full highway details at reserved matters
Content with Preliminary Ecological Appraisal findings; mitigation as approval condition for detailed application; artificial nest/roost boxes at detailed stage if tree/shrub removal
Do not oppose
Do not object to the application
Multiple consultees including Highways, DEFA Ecosystem Policy Team, Manx National Heritage, and German Parish Commissioners provided responses on PA 21/00365/A, raising ecological, access, and highway concerns but ultimately recommending no objection subject to conditions and further information.
Key concern: waxcap fungi potential in field 312711 requiring survey
Ecosystem Policy Manager
Conditional No ObjectionThe Manx Wildlife Trust's Preliminary Ecological Appraisal Report dated August 2021 is all in order and we are content with the findings.; if this access track is to be created, the Ecosystem Policy Team request that a waxcap fungi survey is undertaken
Conditions requested: waxcap fungi survey by suitably qualified ecological consultant and report with mitigation plans submitted prior to determination; conditions on approval to be submitted after review of waxcap survey report
Manx National Heritage
Conditional No ObjectionAll birds, their nests, eggs and young are protected by law (Wildlife Act 1990); Hedgerows and sod banks are important refuges for wildlife and should be retained wherever possible
Conditions requested: works to trees and hedgerows outside nesting season (beginning of April to end of August) with check for nesting birds; sod bank works between 1st September and last week in February
Highway Services Division
No Commentthere is need to provide the full geometric and technical details for the means of access
Conditions requested: prior to commencement details for layout of pedestrian and vehicle areas, bicycle and car parking, waste bin storage
Highway Services Division
Conditional No ObjectionHighway Services accepts the revision to one unit; we do not oppose this proposal subject to conditions
Conditions requested: prior to commencement details for layout of plot access, pedestrian and vehicle areas, bicycle and car parking, waste bin storage; s4 and s109(A) Highway Agreements
Ecosystem Policy Team
Conditional No ObjectionWe recommend that all hedgerows and trees are maintained within the project design
Conditions requested: ecological report with detailed application stating protection/mitigation for birds and common lizards; measures to prevent spread of hybrid bluebell during construction
Highway Development Control
Conditional No ObjectionHDC raises no opposition to this proposal subject to conditions
Conditions requested: Means of access approved to accord with Boundary map and Site Plan Drawing 01 Rev B; prior to commencement submission of details for plot access, gating, pedestrian/vehicle areas, bicycle/car parking, surfacing, surface water containment, waste bin storage
Ecosystem Policy Officer
Conditional No ObjectionThe Ecosystem Policy Team can confirm that the Manx Wildlife Trust's Preliminary Ecological Appraisal Report dated August 2021 is all in order
Conditions requested: waxcap fungi survey and report with mitigation plans prior to determination
German Parish Commissioners
Conditional No ObjectionWhilst my Commissioners have no objections in principle; this application should be taken in tandem with application number 20/00787
The original planning application (20/00787/B) was for full approval of three dwellings on Plots 2, 4 and 6 with drainage, access and landscaping, and approval in principle for two dwellings on Plots 1 and 3 addressing siting, landscaping, drainage and means of access, which was granted by the Planning Authority. Mr and Mrs D A and W E Davies appealed this decision via written procedure with a site visit on 20 September 2021. Procedural matters addressed a concurrent unrelated application (21/00365/A), an amended site plan (Revision J) to avoid archaeological remains which was not accepted as a replacement but considered for conditions, and inconsistencies in access layouts with prior approvals. The inspector applied the Wheatcroft test and noted no prejudice to material interests from considering the amendment for conditions. The report does not include the final decision or full analysis.
Precedent Value
This appeal demonstrates that amendments can be considered at appeal stage under Wheatcroft principles if no material prejudice, even if not accepted as replacements for original plans. Future appellants should ensure amendments are shared with parties for comment.
