27 May 2022 · Planning Committee
Field 434091 & Parts Of Fields 435106 (Formerly 432719), 434974 (Formerly 434089) And 434090 Adjacent To Railway Terrace, Ballasalla Isle Of Man
This application covers the final phase of a large housing development on agricultural fields adjacent to Railway Terrace in Ballasalla, south of the railway line. It proposes 128 new homes (mix of 1-2.5 storey semi-detached, detached and terraced houses finished in painted render, composite cladding, slate-like tiles …
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The officer assessed the proposal against the Area Plan for the South designation for Proposed Residential, Industrial, Public Open Space and Community Facility, confirming the principle of residentia…
Strategic Policy 1
Requires efficient use of land and resources. Site allocation in Area Plan for the South supports residential development on this land, ensuring efficient use.
Strategic Policy 2 - Priority for new development to identified towns and villages
Priority for new development to identified towns and villages. Ballasalla as service village per SP3, with site in defined settlement.
Strategic Policy 3 - To respect the character of our towns and villages
Identifies service villages. Ballasalla designation supports housing and community facilities.
Spatial Policy 5
Design and visual impact; building in defined settlements or GP3. Layout/design echoes prior phases, density appropriate (32dph), landscaping mitigates impact.
Strategic Policy 10
Sustainable transport. Cycle/pedestrian links, proximity to bus/rail, Travel Pack provided.
Strategic Policy 11
Housing needs. Contributes to supply on designated land.
General Policy 2
General development considerations (b,c,g,h,i,n). No significant visual/amenity/highway impacts; energy efficiency addressed.
Environment Policy 4
Wildlife and nature conservation. CEMP, bat/bird boxes, tree protection mitigate impacts on protected species/habitats.
Environment Policy 42 - character and need to adhere to local distinctiveness
Respect local character and identity. Design/materials consistent with phases 1-2.
Housing Policy 5
25% affordable housing on sites ≥8 dwellings. 32 units (25%) secured via S13 agreement.
Business Policy 10
Retail in designated areas. Small flexible shops/nursery acceptable in neighbourhood centre.
Recreation Policy 3
Landscaped amenity areas. Exceeds requirements with play area/open space.
Recreation Policy 4
Public open space. Provided and to be adopted.
Community Policy 1
Community provisions/neighbourhood centres. Nursery/shops accessible.
Transport Policy 1
Proximity to public transport. Links to station/bus stops.
Transport Policy 4
Highway safety. Tracking/visibility/parking compliant.
Infrastructure Policy 1
Connectivity to IRIS. Drainage connects to existing system.
Environment Policy 5 - Mitigation against damage to or loss of habitats
Energy efficiency. Energy Impact Assessment shows measures beyond building regs.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Estate roads construction
The estate roads, including footpaths, cycle paths and turning spaces, shall be constructed so as to ensure that, before it is occupied, each dwelling has been provided with a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and existing highway.
Access, turning and parking prior to occupation
No part of the development hereby approved shall be occupied until the access, turning area and parking spaces for the relevant occupied dwelling have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter.
Retain existing trees
The existing trees shown as being retained on the approved drawings shall be retained and in the event that the retained tree becomes damaged or otherwise defective due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.
Bat and bird boxes
Prior to the occupation of those dwellings which shows a bat and/or bird box being installed and those bird and bat boxes mounted on existing trees as shown on drawing Balla3_APL_36 Rev A and Balla3_APL_37 Rev A shall be completed as approved and retained thereafter.
Paths and cycleways surfacing
All paths and cycleways shall be fully surfaced in accordance with the phasing plan to be submitted and approved prior to commencement and retained thereafter.
Tree planting and maintenance
All tree planting shall be carried out in accordance with the approved details, submitted in support of the application. The planting shall be carried out in the first planting and seeding season following the completion or occupation of any part of the development (whichever is the sooner,) or otherwise in accordance with a programme to be agreed. Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced as is reasonably practicable or in the next planting season with others of similar size, species and number as originally approved, unless the Department gives written consent to any variation.
Construction Environmental Management Plan (CEMP)
Prior to the commencement of the development hereby approved a Construction Environmental Management Plan (CEMP), to be provided to Planning for written approval prior to any works, including clearance and enabling works, taking place. The CEMP will need to contain details of the roles, responsibilities, training, procedures and monitoring on site which will ensure that the environment is protected during all phases of the development and all environmental legislation and policy is adhered to. The CEMP will need to incorporate the following avoidance and mitigation measures and the works must be undertaken in strict accordance with these measures: [detailed list including birds, bats, hedgebanks, lizards, frogs, invasives, runoff to ASSI/MNR]. All the agreed measures shall be adhered to in full.
Phasing plan for facilities
Prior to the commencement of the development hereby approved, a phasing plan for the implementation for the shops, nursery, public open space, play areas, paths, cycle paths and the road bypass, shall be submitted and approved in writing by the Department and the scheme shall be fully undertaken in accordance with these details prior to the occupation of any dwelling and retained thereafter. The phasing plan shall have regard to a schedule for the bypass approved under the former permission PA 19/00137/B.
Shop use restriction
Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the shop units shall be used in accordance with those uses identified in Class 1.1 (shops) and Class 1.3 (food and drink) of the Order.
Flexible shop layout
The retail shop units hereby approved, shall be used as individual units or internally combined to offer a more flexible space in accordance with the use Class 1.1 and Class 1.3 of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification).
Arboricultural Method Statement
Prior to the commencement of the development hereby approved an Arboricultural Method Statement (AMS), adhering to the recommendations of BS5837:2012 (Trees in relation to design, demolition and construction - recommendations), shall be submitted to and approved in writing by the Department providing details of the following: a. The specification of the protective measures required to adequately protect the retained trees; b. Specialist construction techniques (if required); c. An Arboricultural Monitoring Programme (AMP) providing a schedule of a monitoring and reporting programme of all on-site supervision and checks of compliance on all arboricultural matters. The agreed protection measures, construction methods and monitoring shall be adhered to in full.
Tree protection plan
Prior to the commencement of the development an up to date tree protection plan containing improved details of construction exclusion areas across the whole site, and those trees and hedges to the north of the site adjacent to the railway line, with accurate width and length measurements of all of the hedges to be retained and details of the fencing that is to be erected to protect areas from damaging construction activities, to be submitted to planning for written approval prior to any works, including site clearance, from taking place. The development must then be undertaken in accordance with these details. The protective fencing shall be erected and maintained throughout the works, any fencing that becomes damaged must be replaced. All of the existing trees and hedge banks marked as being retained, must be retained and protected from damage and disturbance throughout the works. Any changes must be submitted to Planning for written approval prior to any removal taking place. Any additional removal must be suitable compensated for by replacement native planting. However, the presumption should be in favour of retaining the existing vegetation as shown because of its importance to wildlife. The agreed protection measures shall be implemented and adhered to in full.
Boundary treatment/landscaping at railway
Prior to the commencement of any development further details shall be submitted to and approved in writing by the Department which shows how the boundary treatment / landscaping in lieu of the pedestrian access/gate that sits adjacent to the rear of the railway at Ballasalla station. The approved scheme shall be completed prior to the occupation of any dwelling.
no objections and in direct discussions with the applicant
no objection subject to two conditions for the layout plans and travel plans and transport assessment
No Objection
No Objection but advises on surface water run-off and sediment
Highways requests additional information and revisions to layout, drainage, and adoption details; Arboricultural Officer recommends amendments to tree protection plans and an Arboricultural Method Statement condition; DEFA Biodiversity requests multiple ecological conditions incl…
Key concern: Additional information and revisions required for highways layout, drainage modelling, tree protection plans, and ecological mitigation including frog survey and CEMP
Department of Infrastructure Highways Development Control
Conditional No ObjectionRecommendation: Additional information and revisions; The layout would benefit from alterations to aid user safety and convenience
Conditions requested: Separate technical approval as part of s4 Highway Agreement after grant of planning consent; Kerbing drawing to highlight different types of kerbs
Senior Arboricultural Officer, Agriculture and Lands Directorate, DEFA
Conditional No ObjectionThe concern is not significant enough to warrant an objection, however.; A precautionary approach should therefore be applied.
Conditions requested: Prior to commencement, Arboricultural Method Statement (AMS) adhering to BS5837:2012 submitted and approved, addressing protective fencing, ground protection, hard surfacing in RPAs, preparatory works for landscaping in RPAs, arboricultural site monitoring schedule
DEFA Ecosystem Policy Team
Conditional No ObjectionThe Ecosystem Policy Team can confirm that we are happy with the Manx Wildlife Trust’s Preliminary Ecological Appraisal; common frog survey must be undertaken prior to further groundwork and clearance
Conditions requested: All existing trees and hedge banks retained and protected; changes submitted for approval; gaps planted with H9 species; New planting per Landscaping Plans Balla3_APL_33; changes for approval; Changes to planting schedule Balla3_APL_31 for approval; Ecological Clerk of Works appointed for pre-construction and construction; Strategic boundary planting plan prior to dwelling construction; Bird and bat box mitigation plan (boxes on retained trees prior to clearance; bricks in new properties; away from lighting); Sensitive low level lighting plan per Bat Conservation Trust/ILP Guidance Note 8; Construction Environmental Management Plan (CEMP) prior to further development including specified working method statements for birds, bats, hedgebanks, lizards, frogs, invasives, and pollution prevention
Department of Infrastructure Highways Drainage
Conditional No ObjectionRecommendation: Additional information required with regard to highway drainage
Manx National Heritage
No ObjectionWorks to the trees and hedgerows would ideally take place outside the nesting season and must only commence once a check for nesting birds has been undertaken
DEFA Fisheries
No ObjectionSurface water runoff sediment loading to nearby watercourse
Conditions requested: Measures to capture surface water and allow sediments to settle before reaching watercourse
Department of Infrastructure Public Estates and Housing Division
No CommentConditions requested: Section 13 Agreement for 25% affordable housing (noting applicant proposes 32 units)
