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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 21/01262/B Applicant : Dandara Homes Limited Proposal Third phase of development consisting of 128 dwellings, a neighbourhood centre with children's nursery and local shop units, and public open space including a children's playground Site Address Field 434091 & Parts Of Fields 435106 (formerly 432719), 434974 (formerly 434089) And 434090 Adjacent To Railway Terrace, Ballasalla Isle Of Man
Case Officer :
Mr Jason Singleton Photo Taken :
24.03.2022 Site Visit :
24.03.2022 Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Approve subject to Legal Agreement Date of Recommendation 05.04.2022
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. 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.
Reason: To ensure that the development is served by an adequate means of access.
C 3. 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.
Reason: In the interests of highway safety.
C 4. 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.
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Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.
C 5. 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.
Reason: To safeguard a statutorily protected species.
C 6. 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.
Reason: In the interest of Highway Safety and provide cycle access within the site.
C 7. 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.
Reason: to ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs
C 8. 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:
o A precautionary working method statement which demonstrates how construction and site operations will avoid and mitigate detrimental impacts on birds - timescales for vegetation removal and suitable checks by an ecologist. o A precautionary working method statement which demonstrates how construction and site operations will avoid and mitigate detrimental impacts on bats - pre-felling inspections by a suitable qualified ecological consultant and responsible tree removal methodologies. o The steps to be taken to avoid impacts upon retained hedgebanks and other areas of habitat
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o Though not referred to within the MWTs report the CEMP will also need to include details of the measures to be taken to prevent site runoff and pollutants from entering into the nearby watercourses and eventually into Langness, Sandwick and Derbyhaven Area of Special Scientific Interest and Langness Marine Nature Reserve
All the agreed measures shall be adhered to in full.
Reason: To ensure that the environment is protected during all phases of the development and all environmental legislation and policy is adhered to.
Note: The Construction Environmental Management Plan should include details of an appropriate Ecological Clerk of Works (ECoW) for the pre-construction and construction phases of the development to oversee all protected species work, the implementation of measures identified within a Construction Environmental Management Plan (CEMP), to advise on the creation of the habitat management plans, the placement of the bat and bird boxes. The ECoW should be consulted prior to the removal of any areas of semi-natural vegetation and be the first point of contact in the event that protected species or invasive species are encountered on site.
C 9. 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.
Reason: To safeguard the provision of community facilities
C 10. 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.
Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration.
C 11. 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),
Reason: To enable a flexible layout to meet community needs.
C 12. 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.
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Reason: to provide a level of technical detail sufficient to provide a high level of confidence in the outcome for retained trees on or adjacent to the site
Note: The AMP should include details of an appropriate Arboricultural Clerk of Works (ACoW) who will conduct the monitoring and supervision, and how and when written and photographic records will be submitted to the Department.
C 13. 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.
Reason: required prior to commencement to ensure that ALL trees & hedgerows to be retained are adequately protected from damage
C 14. Prior to the commencement of any development further details shall be submitted to and approved in writing by the Department which show how the pedestrian access/gate shall connect onto the railway at Ballasalla station. The approved scheme shall be completed prior to the occupation of any dwelling.
Reason: In the interest of Highway Safety and provide access to Ballasalla Station.
This application has been recommended for approval for the following reason. It is considered the proposal would not have any significant adverse impacts upon public or private amenities and would therefore comply with Strategic Policy 1,2,3,4,5,10,11, Spatial Policy 3&5, General Policy 2, Environment Policy 4 & 42; Housing Policy 1,2,3,4,5; Business Policy 10; Recreation Policy 3,4,5; Community Policy 1, 2,10; Transport Policy 1,2,3, 4, 6, & 7; Infrastructure Policy 1,2 and Energy Policy 5 of the IOM Strategic Plan 2016, and the Residential Design Guide 2021. It is recommended that the planning application be approved for the reasons given and subject to the Section 13 Legal Agreement been signed and the conditions listed.
Plans/Drawings/Information;
This decision relates to drawings referenced;
Balla3_APL_01_Rev d Site Plan - (received 21/01/22) Balla3_APL_02_Rev c Illustrative Site Plan (received 21/01/22)
Balla3_APL_05 Street Elevations (received 25/10/21) Balla3_APL_06 Street Elevations (received 25/10/21) 07 Street Elevations (received 25/10/21)
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Balla3_APL_10_Rev a Ground floor plan elevation shop and nursery (received 25/10/21) Balla3_APL_11_Rev a First Floor plan Apartments (received 25/10/21) Balla3_APL_12_Rev c Shops and apartments (received 25/10/21)
Balla3_APL_20_Rev c Site Location Plan (received 25/10/21) Balla3_APL_23_Rev a Public Open Space (received 21/01/22) Balla3_APL_24 Site Sections (received 25/10/21)
Balla3_APL_30_Rev b Play Area (received 21/01/22) Balla3_APL_31@A1 rev a Planting Schedule (received 21/01/22) Balla3_APL_32 Landscaping details (received 25/10/21) Balla3_APL_33_Rev b Landscape plan (received 21/01/22) Balla3_APL_34 Site plan as existing (received 25/10/21) Balla3_APL_35 Site adoption plan (received 21/01/22) Balla3_APL_36_Rev A Bat Box Location (received 21/01/22) Balla3_APL_37_Rev A Bird Box Location (received 21/01/22)
Balla3_APL_41 Rev b Refuse tracking sheet 1 (received 21/01/22) Balla3_APL_42 Rev b Refuse tracking sheet 2 (received 21/01/22) Balla3_APL_43 Rev b Vehicle Passing sheet 1 (received 21/01/22) Balla3_APL_44 Rev b Vehicle Passing sheet 2 (received 21/01/22) Balla3_APL_45_Rev b Car Tracking Sheet 1 (received 21/01/22) Balla3_APL_46_Rev b Car Tracking sheet 2 (received 21/01/22) Balla3_APL_47 Road Ramp details (received 21/01/22) Balla3_APL_48 Culvert details (received 21/01/22) Balla3_APL_49 Culvert at PtB1 (received 21/01/22)
Drainage Surface water calculations (received 21/01/22) Balla3_APL_500_Rev A Drainage Layout Plan (received 21/01/22)
TR-190821 - Tree Impact (received 25/10/21) OTP-120821 - Outline Tree Protection (received 25/10/21)
Supporting Information (received 25/10/21); Design & Access Statement Arboricultural Impact Assessment Bat Report) Planning Statement Planning statement Appendices Preliminary Ecological Report Transport Assessment Transport Assessment Appendices part 1 Transport Appendices part 2
House Types (received 25/10/21); 324(C) - Ash 2 323 (C)Rev a - Ash 3 314(C) - Birch 2 315 (C) - Birch 3 316 (C) - Hawthorn with Sunroom 301 (C)- Hazel House 313 (C) - Holly House with garage 312 (C) - Holly House 307 (C) - Larch 2 306 (C) - Larch 3 & 3g
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305 (C) - Larch 3 321 (C) - Maple semi 310 (C) - Santon House with garage 309 (C) - Santon House M125 Rev F - Sub station
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Interested Person Status - Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Flood Management Division (DOI) Manx National Heritage Public Estates & Housing Division (DOI) Manx Utilities (Drainage) Highways (DOI) Drainage
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
The owner / occupier if 59 Mylchreest Drive
as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT IS FOR MORE THAN 8 HOUSES AND A SECTION 13 LEGAL AGREEMENT IS PROPOSED;
1.0 THE SITE 1.1 The application is the final phase of a three part development for the provision of residential accommodation and a link (Ballasalla) Bypass from Balthane Corner to Glashen Hill. This last phase of development was previously identified in the Masterplan approved under PA 19/00137/B but did not provide a detailed layout and formed no part of that planning approval.
1.2 Construction of the first two phases of 282 dwellings (approved under the 2019 approval
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1.3 The site would encompass those fields numbered; 434091 and parts of fields 432719, 434089 and 434090 (22.8 Hectares) which is to the south of the railway line and Ballasalla Station and those (abandoned) residential properties of Railway Terrace.
1.4 The topography of the area is broadly level and consists largely of agricultural land that comprises grassland and scrub areas with hedgerows at the field boundaries, some of which also include trees but the more mature trees are located on the boundary to the north adjacent to the train station and railway.
2.0 THE PROPOSAL 2.1 Proposed in this application is erection of 128 dwellings, including 32No. affordable housing provision, a neighbourhood centre with children's nursery and local shop units with apartments above, and public open space including a children's adventure style playground.
2.2 The application is accompanied with; o Planning statement o A Design and access statement o Preliminary Ecological Assessment o A bat report o Arboricultural Impact assessment o Transport Assessment o Energy Impact Assessment
2.3 The community centre is located to the east part of the site and will contain a children's nursery and small shop units which might accommodate a convenience store, a coffee shop or other small local services/businesses with 4 apartments above. Some of the public open space and the proposed active play area is located opposite the community facilities and accessed via a dedicated road crossing.
2.4 The housing types will see a mix of single storey to the north of the site, some two and a half storey with the majority two storey. This is reflected in the streetscene using semi- detached, detached and terraced properties. The general finish of the properties would see the use of composite cladding panels to parts of the front elevations, the majority is painted render, grey windows and doorways, slate like roof tiles, 2 shades of render and different porch designs.
2.5 The Bypass road is broadly approved under a previous approval and conditioned. Access to this part of the site is from the Bypass road and connects onto an internal estate road runs in a loop that connects into the residential area of phase 2 in the north east corner. Within the estate there are walking and cycle routes around that connect to phase 2 and 1. It is further noted a 3m wide cycleway which runs from phase 1 across the railway bridge, through phase 2 and continues to phase 3.
2.6 Landscaping around the site proposes a selection of Manx native species of tree and hedge planting to bolster that of the existing and creates new areas of planting.
2.7 The affordable housing provision has been tentatively agreed as (see para.5.5) 32 dwellings of two and three bed units on site. This will be required through a Section 13 Legal Agreement below.
3.0 PLANNING POLICY The land is designated as Proposed Residential, Industrial, Public Open Space, Community facility on Map 4 (Ballasalla) of the Area Plan for the South. The land is also linked to the Written Statement with Notation No.3.
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3.1 The written statement that accompanies the plan at Notation 3 details the Development brief for this section of land at para 4.29. This identifies the possible uses of the land and that considerations should be given to the Ballasalla bypass route to the corner of Balthane, the junction details, potential site of archaeological significance, drainage masterplan, and protection to prevent any contamination of the Glashen Stream.
3.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;
Strategic Policy 1 Efficient use of land and resources 2 Priority for new development to identified towns and villages 3 To respect the character of our towns and villages 4 Protection of built heritage and landscape conservation 5 Design and visual impact 10 Sustainable transport 11 Housing Needs
Spatial Policy 3 Identifies those Service Villages 5 Building in defined settlements or GP3
General Policy 2 General Development Considerations
Environment Policy 4 Wildlife and Nature Conservation 42 Respect the local character and identity
Housing Policy 1 General need for additional housing from 2011 -2026 2 Supply of designated housing land available 3 Defined housing provision per area 4 Location of new housing and exceptions 5 Provisions for 25% affordable Housing
Business Policy 10 Retails in designated areas
Recreational Policy 3 Requirement for Landscaped amenity areas 4 Requirement for Public open space 5 Links to the countryside
Community Policy 1 Community provisions and neighbourhood centres 2 Accessibility of community facilities 10 Fire Fighting provisions
Transport Policy 1 proximity to existing public transportation services 2 layouts to link to existing systems 3 No impact or compromise upon existing rail routes 4 Highway Safety 6 Equal weight for vehicles and pedestrians 7 Parking Provisions
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Infrastructure Policy 1 Development and Connectivity to IRIS 2 Details of connectivity to IRIS
Energy Policy 5 Energy Efficiency
3.4 Residential Design Guide (2021)
This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
4.0 PLANNING HISTORY 4.1 19/00137/B - Residential development comprised of 282 dwellings, associated highway and drainage infrastructure and public open space, and the construction of a new by-pass road between Douglas Road and the rear of Railway Terrace to include a new roundabout on Douglas Road and a bridge over the IOM Steam Railway line. Fields 434764, 434116, 432719, 432607, 432608, 434113, 434114, 434115, 434089, 434090, And 434091 Douglas Road Ballasalla. APPROVED subject to a S.13 legal agreement with 19 Conditions by Planning Committee on 15/07/2019. Most of these conditions relate to the bypass and phase 1 of the development and highways infrastructure.
5.0 REPRESENTATIONS (in brief - full reps can be read online) Statutory Consultations 5.1 Malew Commissioners (06/12/21) responded to say they have no objections and are in direct discussions with the applicant.
5.2 DoI - Highways (24/11/21 & 28/2/22) initially seeking additional information, on the amended plans, no objection subject to two conditions for the layout plans and travel plans and transport assessment.
5.3 DoI - Flood Risk (12/11/21) No Objection.
5.4 Manx National Heritage (10/11/21) Commented on potential for nesting birds and quoted the 1990 Wildlife Act.
5.5 DoI - Public Estates & Housing (25/02/22) A Section 13 legal agreement is needed for affordable housing requirement. Discussion has been on the provision of 32 affordable homes of two and three bed dwellings.
5.6 DEFA - Biodiversity (23/11/22 & 8/2/22) commented seeking a deferment to comment in full and also seek an additional condition protecting the existing trees and hedges on site.
5.7 DEFA - Eco Systems (21/12/22) confirm their acceptance of the Pea report dated October 2021, highlights the potential; presence of common frogs, (potentially a survey between February to May); seeks removal of the listed Griselina as this is invasive; seeks the following conditions for; o an Ecological Clerk of works during the pre and during the construction process. o A prior to for strategic planting around the boundary of the site to mitigate the loss of hedging and trees. o Bird and Bat mitigation plan for bird and bat boxes to be installed and inclusion of bird and bat bricks on new properties; o Low level lighting plan o A Construction Environmental Management Plan by a suitably qualified ecological consultancy.
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5.8 DEFA - Fisheries (18/11/21) No Objection but advises on surface water run-off and sediment and to liaise with them prior to commencement.
5.9 DEFA - Forestry (19/11/21) raises concerns with some impact on the existing tress to the rear Ballasalla train station and the impact on plots 36-40 and their tree line protection; Trees in question area T19- T21-23, this risk of future pressure to remove trees due to shading or crown reductions; plots 41-42 43 and 53 need amending to give more distance from the trees; and seeks a condition for a Arboricultural method statement with more tree and root protection for the existing trees within the site and those neighbouring the site to the north .
5.10 MUA - Drainage (19/11/21) initially sought a deferment and are in discussions with the applicant. An email was sent to the MUA dated 22/03/21 seeking whether they were satisfied with the amended plans in relation to drainage foul and surface water. No response has been received at the time of writing.
Neighbouring comments 5.11 The owner / occupier if 59 Mylchreest Drive (11/11/21) comments on the traffic / highway safety and delays experienced in traffic flows.
6.0 ASSESSMENT (i) Principle (ii) Visual Impact (iii) Neighbouring amenities (iv) Highway Safety (v) Drainage / flooding (vi) Affordable housing (vii) Open Space (viii) Trees and Ecology (ix) Sustainability (x) Retail and nursery
(i) Principle 6.1 The principle of residential development on this site is broadly supported through the land designation in the Area Plan for the South and the development brief within the written statement. This in turn ensures compliance with those Strategic (1,2,10,11), Spatial (3,5) and Housing (1-4) Policies.
6.2 In terms of the proposed nursery and retail unit, it is consider the principle of these are acceptable in terms of BP10 and further supported through CP1&10 which seeks those facilities are provided on larger residential areas that can be accessed by non-vehicle users. Furthermore this is echoed within the Area Plan for the South in what it sought in terms of community facilities/neighbourhood centre. The applicants have noted that the; "shops are designed to be flexible and may be divided into two or three units depending upon need". The location of these shops and nursery is in a strategic location adjacent to the main accesses point into this phase of the estate and served with public footpaths and cycle paths whilst also being easily accessible from the Bypass. In terms of the nursery and the retail unit it is considered these will bring essential services to the existing residents of the area and of the new dwellings.
6.3 Accordingly, given the above reason and policy compliance, it is consider the principle of developing the majority of the site for residential, retail unit and a nursery purposes with public open space and play areas are acceptable.
(ii) Visual Impact
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6.4 The proposal is going to introduce an element of built development where presently there is none which will certainly alter the character of this part of the land. Given the principle is acceptable, the proposal house types closely follows those of phase 1 and 2 of the previous permission and would be reflective of the character of those phases and would mainly be visible from the bypass (once finished) but the proposal includes degree of landscaping (noted below in detail) between the rears of those houses to the south of the site that back onto the Bypass. Outside of the site the other vantage points would be from the north, where the site boarders onto the Railway line and beyond the railway those dwellings along Homefield Park and The Willows. Here there would be a degree of existing trees across from the railway line, with some existing trees and hedges remaining and those proposed 34 No. dwelling that would back onto the northern boundary and adjacent to the railway line. Essentially these buildings would be read within the wider residential context as per this proposal and that of the previous phases of development.
6.5 The broad layout of this phase, was merely indicative in the previous 2019 approval that considered the bypass road, and follows the same connection from the bypass into the site and creates a circular layout with housing either side of the internal access road that then connects through to phase 2. The layout tends to follow the natural topography and utilises existing hedgerows and trees where possible. The density of the development would follow that of the previous phases and on this the agent notes; "the proposed scheme has a net density of approximately 32 dph and has been designed to respect the amenity of new and existing local residents". Within the Residential design guide (page16) refers to housing density, and this site would fall between, Medium (15-30) and High (40-100). As such this ratio is deemed appropriate for the overall size of the site.
6.6 The design of the proposed houses varies in type and size but uses a common palate of materials (noted in para 2.4) that echoes those already utilised in previous phases and would be an appropriate form of development in this respect. As this phase is to echo that of the former phases, the proposed layout, design, scale, form and finish of these dwellings are considered appropriate for the site and would result in an appearance of a pleasant housing development to live within for all. This is noticeable when driving through the previous phases of development and works towards complying with the Sp5 and EP42.
6.7 Whilst the dwelling would be similar in design, the use of slightly different finishes/render colours, position/designs of front porches will help break up the potential continuous line of dwellings along the streetscene, but rather a mix of houses types and styles. To the north east of the site, the properties here are made up of mainly of bungalows that gives a wider variety of housing needs and also is more reflecting of those existing dwellings to the north of the railway line within Holmfield Park. The majority is then two storey along the northern boundary.
6.8 In terms of visual impact and general appearance of the new estate from those vantage points outside of the site, the dwellings would not be especially apparent, particular from distant views. The most apparent views would be from the railway line and from the new bypass. The proposal includes a small degree of boundary/roadside landscaping which would help soften the impact of the development and the fencing to the rears of those dwelling that back onto the boundaries, although a condition (as noted by biodiversity) should be attached which provides greater level of detail and would increases the amount of landscaping in those public areas as well as those parts of the site (north, south and west) that boarder this application site. Overall, it is considered the visual impact would not be detrimental and would not significantly detract from the character of the railway or that of the station or those neighbouring properties.
6.9 Accordingly, whilst there will be an impact to the visual amenities of the area when compared to the existing, it is considered the proposals would be acceptable and comply with Gp2b,c.
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(iii) Neighbouring Amenities 6.10 In considering any potential impact upon the residential amenities of the neighbouring properties, given the size of the site and number of dwellings, all properties adjacent to the site will be impacted by the development to some degree. Any development here would have an impact, as presently there is open fields. The pertinent issue is whether the proposed development would significantly impacts upon the amenities of the neighbouring properties with regard to overlooking, loss of light; over bearing impact, loss of privacy and general visual amenity.
6.11 In terms of overlooking a general guide (as noted in Chapter 7.0 of the Residential design guide) which the department utilises is the 20 metres measure, which is taken between direct facing windows, generally two storey properties. In this case all the proposed dwellings are approx. greater or at the 20 metres from neighbouring existing properties that boarder the site namely those on Homefield Park and the Willows. It is further noted we have not received any objections from those neighbouring properties and the local authority do not oppose this application. Those properties to Railway terrace are proposed to be demolished for the bypass route and those properties that back on top the railway station are not considered to affect the use of the platform or station.
6.12 Within the site the proposed layout ensures there is no direct overlooking or loss of privacy from the new dwellings into each other or towards the previous phases. Overall, whilst the proposed development will have a limited impacts upon existing neighbouring properties, it is considered for the reasons given the proposed development would not having an significant impacts upon the residential amenities of the neighbouring properties and therefore comply with Gp2g.
(iv) Highway Safety 6.13 Accompanying the application are a series of vehicle tracking plans that show how cars and HGV refuse vehicles (which can also include HGV fire fighting vehicles) can navigate the estate and turn in a safe and appropriate manner. The applicants have also provided a Transport Assessment dated October 2021, by Bryan G Hall Consulting Civil & Transportation Planning Engineers. The pertinent points are noted as this proposal will create a simple 'T' junction arrangement and an internal 'loop' type street type layout with a series of shared surface areas and access arrangements. The report notes; "the internal roads will comprise 5.5 metre wide residential streets with generally 2.0 metre wide footway provision to both sides. The southern 5.5 metre wide access will form a simple priority junction with the access road serving Phase 2 with minimum visibility splays of 2.4 m x 22.0 m in both directions... The residential streets have been designed to achieve a target traffic speed of 20mph and for the shared surface roads a 15mph target traffic speed... The layout also safeguards the opportunity for a pedestrian connection from the network of streets to Ballasalla Station to the north... The layout has been subject to a Stage 1 Road Safety Audit in accordance with the guidance in MfMR".
6.14 The report highlights alternative modes of travel as opposed to the private car, noting the pedestrian accessibility and walking distances, range of travel and cycle and walk ways being provided that links to the previous phases. In terms of public transport the report notes that the bus service No's 1/11/12/12a, 2/2A, 4C and 8 travel along Douglas road between Castletown and Douglas in both directions at a frequency of 6 per hour Monday to Friday. The nearest bus stops to the site are located on Douglas Road and Station Road and can be accessed through Phase 2 and the Public Right of Way (PRoW) No 268 that connects with the south side of Douglas Road, and through Ballasalla Railway Station.
6.15 This report concluded that; "that vehicular and non-vehicular access to the application proposals accord with the policies of both the Isle of Man Strategic Plan, 2016 and the area Plan for the South, 2013, and hence that the trips which they are likely to generate can be
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accommodated on the local highway network without detriment to the safety or convenience of its users". It is further noted a site specific welcome travel pack will be prepared by the Travel Plan Coordinator (Dandara Group) and provided to all new residents. The 'Welcome Travel Pack' will contain site specific travel information, including information on pedestrian features/routes, publicity materials on the health benefits of walking and cycling, public transport information, details of local and national sustainable travel initiatives and contact details of the TPC.
6.16 Each of the proposed dwellings would have least two off road parking spaces, some fronting the properties and some set slightly away from the dwellings. This is to try break up the parking spaces rather than the space fronting all the properties which can cause adverse visual impacts in the street scene. It is noted that the proposed development will provide 262 external car parking spaces for residential use, which accords with the number recommended by the Strategic Plan parking standards. A further 19 parking spaces will be provided for users of the neighbourhood centre. There will also be 29 dwellings which have a private garage in addition to their external spaces. Therefore the parking provision for the development complies with the relevant IOMSP Parking Standards.
6.17 It is noted the DoI Highways Authority initially had some concerns to which amended plans were submitted. As the Highway Services have considered the merits of the proposal, the level of parking provided for each dwelling and that of the nursery and retail unit, the transport assessments and supporting plans, access to and from the site from the highway noting visibility splays, as well as parking and highway safety. As the transport professionals their comments are noted and they do not object to the proposals but seek two conditions for the layout plans and travel plans as featured in the transport assessment. As such the proposal would be seen to comply with Tp1,2,3,4,6,7 GP2h,I and Sp10.
(v) Drainage/ flooding 6.18 The proposed foul drainage will gravitate towards the south of the site where a pumping station with a rising main pumping the sewerage up to the IRIS pumping station located to the rear of Railway Terrace to the west of the site. As the number of properties has increased 22% (from 105 to 128) since the original scheme of 2019, an addition storage tank will need to be built for any waste water flooding as the current tank cannot be expanded. The outfall from Balthane Park can be constructed, sized at 9m3, to provide the required storage for the industrial lands and sufficient volume within the constructed storage for the additional 23 dwellings. As such it would be pertinent for this to be a priority to prevent any over spilling and can be conditioned as such. As such, for phase 3 the surface water would be discharged into the drainage as approved under the previous scheme and attenuation area and the foul as part of this proposal will connect onto the existing IRIS system and would comply with IP1&2.
(vi) Affordable Housing 6.19 Housing Policy 5 of the Strategic Plan indicates that the Planning Authority will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more. A Section 13 Legal Agreement would need to be entered into by the applicant and the Department to ensure the affordable housing is provided. For reference, 25% of 128 dwellings equates to 32. The applicants have been in discussions with the Estates and Housing Division and their comments in para 5.5 note that an agreement has been reached for the provision of 32 affordable homes with a mix of two and three bed dwellings which is deemed acceptable by all involved and in compliance with Hp5.
(vii) Open space / Play area 6.20 The proposed children's play area would be located to the East of the 'T' junction and the community facilities, with a dedicated crossing point and gated access into the play area and fenced accordingly. The plan shows the provision of 14 different pieces of play equipment and some timber benches. Within this area it is also propose to have some ornamental planting of woodland trees, wild flower grass and understorey planting to bolster the existing hedgerow
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and also helps to create a focal point for the community. The proposed open space area was approved under the 2019 application as part of Phase 2 of the development, where a commuted sum and other works was agreed in lieu of additional formal open space as agreed between the developer and the local authority. The proposed adventure style playground for this phase is located in the same area which has previously been approved as formal open space (in Phase 2). The agent notes that "The open space to be provided within the 3 phases of development significantly exceeds the amount required by the provisions of the IoMSP. All three types of open space will be provided and will be offered to the relevant public authorities for adoption." As such this is not discounted and the proposal for open space and play area would be read in accordance with RP3,4,5.
(viii) Trees and Ecology 6.21 The proposals incorporates a mix of native species tree planting around the site to create new areas of planting and also bolster those native hedges and existing mature trees on the site. A comprehensive layout plan and species list and their location of those trees, plants has been identified that would see planting to the fronts of the individual dwellings and also around the estate. The bulk of the landscaping would located to the south to the site adjacent to the bypass to help screen the dwellings. The application is accompanied with an Arboricultural Impact assessment that notes the removal of 13 Cat C trees and 3no C tree groups, some of these were approved under the 2019 approvals. The Arboricultural Officer confirms that the "proposed tree removal will be adequately mitigated by the proposed planting".
6.22 These proposals have raised concerns with the Arboricultural officer (para 5.9) mainly in terms of protection of the existing trees to the north of the site adjacent to Ballasalla Station. Confirmation was sought as to the extents of tree removal and it was confirmed that those mature trees in G7 were not for removal. Concerns has been raised regarding the proximity of some trees in relation to the proposed siting of the dwellings boarding the north of the site, however whilst not strong enough reason for them (Agriculture and Lands Directorate) to recommend refusal they do suggest some conditions to add to any approval. It is further noted they may consider registering some of those trees on the north and western boundary to offer them greater protection. A condition for further tree protection to bolster that as shown in the plans accompanying the Arboricultural Impact assessment would be appropriate in this instance.
6.23 In terms of ecology and biodiversity, their comments and suggestions are noted in para. 5.6 & 5.7, some of their concerns have been addressed through amended plans which identifies the type and location for bird and bat boxes to be installed on some of the gable ends of those houses. The applicant has already confirmed they have an Ecological Clerk of works on site and a construction Environmental Management Plan as part of the ongoing works to previous phases. In terms of lighting, this is controlled and dictated by the MUA for appropriate street lighting. These are essentially downward directed lighting with side shields or down lighters with low energy lighting. As such the proposal is deemed to accord with the broader objective of Sp4 for protection of the environment and EP4 for preserving the natural environment.
6.24 For clarity a formal EIA for this proposal (phase 3) was included in the EIA undertaken for the original application (19/00137/B) and those conclusions in respect of certain key criteria, such as archaeology, remain valid. As such in this case it is judged that a EIA is not required for this Phase 3 application, as the site is allocated for development and the proposal does not include a major new highway (the bypass was approved under the 2019 pa) but nonetheless a number of subjects covered within the EIA have been revisited and the application is accompanied by supporting information which includes a Transport Assessment, a Preliminary Ecological Assessment Report, an Arboricultural Impact Assessment, a Design and Access Statement and this Planning Statement. These reports consider the proposal in the context of relevant planning policy. The Planning Statement concludes that the proposal is in accordance with the provisions of the Area Plan for the South as noted in Development Brief for Site 3.
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(ix) Sustainability 6.25 The erection of a new dwellings would have to conform to building regulations standards which ensures the thermal efficiency of the building is maximised. In addition the application is accompanied with a comprehensive energy impact assessment that seeks to maximise the thermal efficiency through the design of the individual buildings and the levels of heat loss while utilising where it can use local materials, modern methods of construction, and internally incorporating energy efficient measures for water, lighting and heating. These aspects are beneficial and would address the wider environmental concerns which would be in accordance with EP5 and Gp2n.
(x) Retail and Nursery 6.26 As noted in para.6.2, the proposal will include the provision for shops (use class 1.1) and a dedicated nursery located adjacent to the play area and entrance into this phase of the site. These buildings are clustered together to form a central hub with appropriate parking. The agent notes; "the small shop units which might accommodate a convenience store, a coffee shop or other small local services/businesses. The shops are designed to be flexible and may be divided into two or three units depending upon need". The proposed retail will be split across three buildings (with residential above) which would offer a flexible internal layout and would be appropriate in its use and scale for this site and would be read in accordance with BP10 and Cp1.
7.0 SECTION 13 LEGAL AGREEMENTS 7.1 As this application will be subject to legal agreement, the applicants have agreed that 32 affordable units will be provided onsite with a mix of two and three bed dwellings and the adoption of public open space.
8.0 CONCLUSION 8.1 The application site is identified for development and the proposal is judged to comply with the site allocation and site brief referenced;No.3. As such, it is considered the proposal would not have any significant adverse impacts upon public or private amenities and would therefore comply with Strategic Policy 1,2,3,4,5,10,11, Spatial Policy 3&5, General Policy 2, Environment Policy 4 & 42; Housing Policy 1,2,3,4,5; Business Policy 10; Recreation Policy 3,4,5; Community Policy 1, 2,10; Transport Policy 1,2,3, 4, 6, & 7; Infrastructure Policy 1,2 and Energy Policy 5 of the IOM Strategic Plan 2016, and the Residential Design Guide 2021. It is recommended that the planning application be approved for the reasons given and subject to the Section 13 Legal Agreement been signed and the conditions listed.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
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o whether there are other persons to those listed above who should be given Interested Person Status.
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : ...Permitted... Committee Meeting Date:...11.04.2022
Signed : Mr J Singlton Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/ customers and archive records.
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PLANNING COMMITTEE DECISION 11.04.2022
Application No 21/01262/B Applicant Dandara Homes Limited Proposal Third phase of development consisting of 128 dwellings, a neighbourhood centre with children's nursery and local shop units, and public open space including a children's playground Site Address Field 434091 & Parts Of Fields 435106 (formerly 432719), 434974 (formerly 434089) And 434090 Adjacent To Railway Terrace, Ballasalla Isle Of Man
Senior Planning Officer Mr Jason Singleton Presenting Officer As above
Addendum to the Officer Report
Revised wording was agreed for condition 14 to address issues raised by the steam railway;
C 14. 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.
Reason: In the interest of Highway / Pedestrian Safety and landscaping to the boundary.
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