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Application No.: 07/00649/B Applicant: Migrah Foxdale Ltd Proposal: Residential layout for 17 plots including 4 plots for affordable housing Site Address: Land Including Fields 334281 And 334282 Adjacent To Springfield Terrace Foxdale Isle Of Man ### Considerations Case Officer: Mrs F Mullen Expected Decision Level: Planning Committee ### Written Representations ### Consultations Consulttee: IOM Water Authority Notes: Note to be included Consulttee: Drainage Division Notes: No objection in principle subject to conditions: Consulttee: Office Of Architecture Notes: Comments received as to affordable management Consulttee: Highways Division Notes: Do not oppose subject to the imposition of conditions: Consulttee: Patrick Commissioners Notes: Comments received Consulttee: Estates And Housing Directorate Notes: Housing memo sent 17.04.07 Consulttee: Chief Fire Officer Notes: Note to be included Consulttee: Manx Electricity Authority Notes: Note to be included Consulttee: Disability Access Officer Notes: Comments received
The application site relates to an area of land to the north of Springfield Terrace, Foxdale and adjacent to 1, Springfield Terrace to the east and Kionslieau Farm to the North East. To the West of the site are located residential properties and the Craft Centre.
The site is zoned within the Foxdale Local Plan (Planning Circular 5/99) as being Predominately Residential and is identified as “Area 2: Marguerite Place”. Within the written statement that accompanies the plan, Paragraph 3.50 of the statement identifies a development brief in relation to the site. This states inter alia that: development of the site must include improvements to the A24, which may include widening of the roadway along the frontage of the site, as directed by the Department of Transport who should be consulted prior to the submission of the application; all dwellings must be designed to reflect the traditional architecture of the village; all trees must be retained and incorporated within the scheme; development of the site must acknowledge the presence on the site of the Scheduled Ancient Monument – the mound – in field 3088, and Manx National Heritage must be consulted prior to the submission of the application to ascertain the distance of the development from the mound and, any proposal must include a landscaping scheme which demonstrates how the impact of the development will be softened and how the new building will be integrated within the village; in addition, dependent on the size of the development and taking account of the proposed garden areas, a children’s play area may be required.
In addition to the policies contained within the adopted plan, the Tynwald resolution of 14th July 2005 in relation to Provision of Affordable Housing is considered applicable. The motion moved stated “That Tynwald, mindful of the difficulties facing first time buyers and conscious of the need to increase the supply of affordable housing, is of the opinion that, in granting planning permission on land zoned for residential development or in predominantly residential areas, the Department of Local Government and the Environment should normally require that 25% of provision should be made up of affordable housing in cases where the development proposal relate to 8 dwellings or more.
The following previous application is considered relevant to this application:
PA 06/01371/B – Residential layout for 16 plots including 3 plots for affordable housing with associated roads and sewers, Land adjacent to Lily Bank, Foxdale. Refused initially 19th December 2006.
The application seeks full detailed approval for the layout of 17 plots, including 4 plots for affordable housing. Access to the site would be via the A24 with a central access leading to 15 plots and a terrace of 4 dwellings with front and rear gardens and rear parking, these being identified as the affordable housing units. This terrace would be adjacent to number 1 Springfield Terrace, which is characterised by two storey pitched roof dwellings. The mound to the west of the site would serve as public open space.
Patrick Parish Commissioners make comments relating to drainage, the width of roads, lack of pavement and landscaping. The Department of Transport Drainage Division advise of no objection subject to conditions, and the Disability Access Officer, MEA, Isle of Man Water Authority and Chief Fire Officer suggest standard Notes should planning permission be subsequently granted.
The occupiers of Kionslieu Farm strongly object to the proposal to site dwellings the North East corner of the site as they consider this area was designated for landscaping and tree planting and would wish to see this area planted.
The owners of Rosehill Cottage strongly object to the proposal on the grounds of loss of amenity, both visual and residential, traffic pollution and noise, density and layout, drainage and devaluation of their property. They also consider the proposal would represent development in open countryside.
A resident of Port Soderick supports the proposal.
This application follows the refusal of PA 06/01371/B and seeks to address the reasons for refusal, these being:
The proposal fails to meet the requirements of the Tynwald resolution in relation to the provision of affordable dwellings within the development and is not considered to have provided sufficient justification to override the now established policy.
It is considered that the proposal is contrary to the provisions of the adopted Foxdale Local Plan in that the development does not adequately address the treatment of the Scheduled Ancient Monument on the site in terms of visual impact nor possible contamination within and surrounding the mound and does not include details relating to the integration of the development within the village in terms of landscaping and visual impact.
The road layout within the development, in relation to Plots 6 – 12 is considered to be contrary to the guidance contained within Manx Roads
In respect of the first reason for refusal, the application now proposes an increase in the number of affordable dwellings from three to four which accords with the Tynwald resolution and is considered to address the first reason for refusal.
With regard to the Scheduled Ancient Monument, information submitted at the time of the previous application indicates that the mound on the site is actually a spoil heap from 19th century mine trials
and that there is a shaft either under the mound or directly adjacent. However, whilst this would then lead to a conclusion that the removal or disturbance of the mound would be acceptable, research has indicated that there is no evidence to suggest that a) the mound is stable and b) what materials are actually located within the mound and whether such materials have either a health implication or are of archaeological interest.
Therefore, it is considered appropriate to suggest a condition should planning permission be subsequently granted, in relation to works to be carried out on the mound.
Reason for refusal R3 related to the road layout on the site, insofar as the Department of Transport Highways Division considered the layout to be contrary to the guidance contained within Manx Roads. The Department of Transport Highways Division advise that they do not now oppose the application subject to the imposition of a condition.
Patrick Parish Commissioners raise concerns in relation to drainage, roads and screen planting. The Department of Transport Drainage Division advise that they raise no objection to the proposal subject to conditions, as do the Department of Transport Highways Division and it is considered that this element of the application is considered to be acceptable. With regard to planting and screening, whilst existing trees on the site can be protected during construction it is considered more appropriate that the planting takes place prior to occupation to avoid damage to landscaping, however the Commissioners comments and concerns in relation to screen planting are noted.
Local residents raise concern regarding the principle of the development of the site. The site is specifically designated for development within the adopted Local Plan for the area and therefore does not represent development in open countryside. Notwithstanding this zoning, the site lies within an existing residential area and within the village and would not it is considered, unacceptably extend built development further away from the village centre but rather form a natural extension. The concerns raised by the occupier of Rose Hill Cottage are noted, however, a further application would be submitted to seek approval for the siting and design of dwellings on all plots, and at that stage issues in relation to overlooking and residential amenity may be more properly addressed; however, it is considered that the plots to the north west of the site may be developed without adverse impact on existing adjacent occupiers.
It is recommended that the application be approved.
The Local Authority, are, by virtue of the Town and Country Planning (Development Procedure) Order 2005 considered "interested persons" and as such should be afforded party status, as should the Department of Transport Drainage Division and Highways Division.
It is considered that all parties who submitted comments accord with the requirements of the Planning Circular 1/06 and are therefore accorded interested party status with the exception of the following:
Mr Jessop, Seacliffe, Old Castletown Road, Braddan
MEA
Isle of Man Water Authority Chief Fire Officer Disability Access Officer
Recommended Decision: Permitted
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to Drawing Numbers 1288/04/30; 31; 32; 33; 34; 35; and 36, and additional information submitted as part of this application and date stamped 3rd April 2007.
C 3. Prior to the commencement of works on site, a method statement must be submitted for consideration and approval by the Planning Authority, to indicate the detailed works proposed to the earth mound within the site. Such a method statement should follow discussions with Manx National Heritage, the Environmental Protection Unit of the Department of Local Government and the Environment and the Department of Trade and Industry.
C 4. No development may commence until there has been approved by the Planning Authority a scheme of landscaping which includes indications of all existing trees and hedges within the site and details of any to be retained together with measures for their protection during the course of construction.
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
C 5. Prior to the commencement of any works, there must be concluded a legal agreement between the applicant/developer and the Department whereby at least four of the proposed plots/dwellings will be made available to the Department as affordable units in terms of the House Purchase Assistance Scheme 2004.
C 6. There must be no discharge of surface water to the main foul sewer.
C 7. The proposed development must be connected to the main foul sewer.
NOTE: A Drainage Connection Fee will be payable to the Drainage Authority on this development
N 1. The applicant is advised to consult with the Manx Electricity Authority to determine the clearance required from the (overhead high tension line) or (the underground cable) which crosses the site.
N 2.
The applicant is advised to consult with the Development Control Section of the Department of Transport Drainage Division in order to discuss the drainage construction drawings, proposed pipe material and a Section 8 Adoption Agreement for this development.
Decision Made : ...
Committee Meeting Date : ...
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