19 February 2008 · Planning Committee
Land At Junction Of The Castleward Green And, Ballanard Road, Douglas, Isle Of Man, IM2 5ps
The proposal involves laying out a residential estate on a 9.28 ha agricultural site designated for Low Density Housing in Parkland under the Douglas Local Plan 1998, with 21 plots (most at least 1 acre), internal roads, drainage, landscaping and central open space retaining existing trees and mire.
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The officer assessed that the layout complies with the Douglas Local Plan designation for Low Density Housing in Parkland as all main plots are at least 1 acre, per Planning Circular 8/89 requiring su…
policy on Low Density Housing in Parkland
Requires each dwelling 'substantial and designed and finished to the highest quality' sitting comfortably in at least 1 acre of ground in a naturally landscaped setting acknowledging contours and trees. Officer found main plots meet 1 acre minimum; central trees retained in open space despite challenges of estate layout amid surrounding higher-density housing.
Housing Policy 5
Requires affordable housing provision. On-site inappropriate due to low density designation and character; off-site units or commuted sum required via condition/legal agreement.
Environment Policy 3
Retention of registered woodland around central pond aligns with policy; minimal intervention management plan proposed.
Environment Policy 4
Wildlife conservation; habitats retained/enhanced (mire, woodland, hedges), bat/frog/bird measures, no long-term loss per DAFF.
Environment Policy 7
Watercourses/wetlands; 8m buffer to western mill-race, settlement pools for silt control.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This permission relates to the layout of roads, plots and sewers of 21 dwellings and associated landscaping and open space as shown in drawings 2328.002 Rev A and 2328_ADR_500 Rev B both received on 21st December, 2007 and the location plan received on 15th October, 2007.
Affordable housing off-site
Prior to the commencement of any work on site there must be in place satisfactory provision for 5 affordable housing units off-site. This may take the form of a legal agreement with the Department for the payment of a commuted sum equivalent to the provision of 5 affordable units or guarantee of the provision of 5 affordable units elsewhere in Douglas, all in accordance with the House Purchase Assistance Scheme 2007.
Pedestrian splitter island
No work may commence on site until such times as the splitter island to the north of the Ballanard Road and Johnny Watterson's Lane junction has been increased in width so as to accommodate pedestrians to the satisfaction of the Planning Authority after consultation with the Highway Authority.
Tree protection
Other than the removal of the six trees at the proposed entrance to the site shown to be removed on drawing 2328_ADR_500 Rev B, no works may commence on site, including excavation, until such times as those trees which are shown on the approved drawings as being retained, have been protected by stout fencing erected so as to protect the root spread of each tree, to the satisfaction of the Planning Authority after consultation with the Department of Agriculture, Fisheries and Forestry. After the erection of such fencing, the fencing must be retained in place for the duration of the development and no materials stored or deposited between the fencing and each protected tree.
Surface water drainage
There must be no discharge of surface water to the main foul sewer.
Archaeology notification
The Manx Museum and National Trust must be informed of the date when building work is to commence and be given access at all reasonable times, and reasonable opportunity to inspect the site, observe all excavations and investigate any archaeological features exposed.
Open space management plan
Prior to the commencement of works on site, the applicant must have submitted to and approved by the Planning Authority a management plan for the areas of Open Space within the development.
Plot landscaping plans
Each application for the development of the plots must be accompanied by a landscaping plan accurately illustrating the position, type and canopy spread of existing trees and the number, position and type of proposed trees as shown generally in the plans approved here. The tree planting shown in the plans hereby approved will be accepted as a minimum.
No objection
No objection
No objection subject to drainage provisions
Manx National Heritage raised concerns about wildlife habitat management, bat conservation, and archaeological potential, recommending specific conditions and evaluations; Manx Wildlife Trust expressed concerns about habitat impacts from drainage works and affordable housing integration with ecology.
Key concern: archaeological evaluation required ahead of development per Environment Policy 41
Manx National Heritage
Conditional No Objectionthe success of their implementation depends on continued sympathetic management of these open spaces; we would recommend that in accordance with Environment Policy 41, the Applicant submits an evaluation of the site; Manx National Heritage recommends that a condition is attached to any approval which requires the applicant to provide a scheme setting out a programme of management
Conditions requested: condition requiring scheme for management of open spaces including future sympathetic management of woodland; information on maintenance and monitoring of bat boxes in consultation with DAFF; archaeological evaluation of the site ahead of building works
Manx National Heritage
Conditional No ObjectionWithout appropriate management, the woodland would eventually become impenetrable or even derelict; it would be most unusual, in a Manx context, for an area of land of this size to contain no cultural heritage potential; Our professional recommendation that an archaeological assessment be undertaken was made in line with the content of Environment Policy 41
Conditions requested: developer explores agreement under section 13 of the 1999 Town and Country Planning Act to protect woodland open space and provide continuing management; No development shall take place until full details of measures to protect and enhance as wildlife habitat proposed areas of public and private open space, retained sod banks and trees have been approved by the Planning Committee. Such details should include recommended measures for long term management and identification of responsibilities; condition that developer undertake archaeological assessment ahead of commencement of building works; conditions regulating timing of ground clearance, tree works and work on farm buildings to protect nesting birds or roosting bats
Manx Wildlife Trust
No Commentthe drainage works of 2007 will have a negative impact on the site's wet grassland and mire communities and this issue does not appear to have been properly addressed; This conclusion appears to be flawed, in that it does not address how the applicants will "retain and incorporate" the wet mire communities, or the habitat areas for breeding frogs, now that the site has been extensively drained
The original planning application PA07/1917/B for a residential estate layout of 21 plots, roads, drains, landscaping and open space at Ballanard Farm was approved by the Planning Committee. Local residents (Mrs Donna Bairstow, Mr M D Bridges, Mr T Rafferty and others) appealed against this approval, raising concerns over road safety, traffic, noise, overlooking, drainage, flooding, wildlife, trees and construction impacts. The applicant (Heritage Homes Ltd) and Planning Committee defended the proposal as compliant with the Douglas Local Plan 1998 for Low Density Housing in Parkland and Planning Circular 8/89. The inspector identified main issues as road safety and environmental impacts, found the traffic impact acceptable, addressed concerns via conditions (e.g., access restrictions, boundary treatments, tree protection, management plans), and recommended dismissing the appeals. The Minister upheld the inspector's recommendation on 29th July 2008, approving the development subject to 13 revised conditions.
Precedent Value
Demonstrates that third-party appeals against committee approvals rarely succeed if proposal accords with Local Plan and technical objections resolved; conditions can mitigate many resident concerns (access, screening, management); future applicants should anticipate off-site affordable contributions and robust drainage/traffic evidence in low-density parkland areas.
Inspector: John S Turner
