24 June 2022 · Planning Committee
Netherby, Douglas Road, Castletown, Isle Of Man, IM9 1tn
The proposal involves demolishing the existing detached dwelling on a 1 hectare site and replacing it with seven detached five-bedroom homes: dormer bungalows near the A5 Douglas Road frontage and two-storey houses further into the site, all with integral or detached garages and at least two off-road parking spaces per…
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The officer concluded the proposal complies with relevant policies despite the site's non-designated status in a 'green gap', as prior approval in principle (PA 14/00291/A) by the Minister established…
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale/design/landscaping, avoid adverse character/amenity/highway impacts, protect ecology/trees, provide access/parking/services without flood risk. Officer found proposal compliant due to sensitive design, screening, mitigation, improved access and no amenity harm.
Environment Policy 42
New development in settlements must reflect local character, no inappropriate backland or loss of green spaces contributing to amenity/place. Site's parkland character retained via frontage screening and landscaping; not backland as established residential curtilage.
Strategic Policy 1
Optimise previously-developed land, efficient site use with access/landscaping/amenity, utilise infrastructure. Site as existing residential curtilage near Castletown amenities achieves sustainable efficient use.
Environment Policy 4
Protects biodiversity/protected species. PEAR and mitigation plan ensure no net loss via boxes, log piles, wildflowers, lighting, invasives eradication.
Environment Policy 5
Protect/enhance biodiversity. Conditions secure mitigation for bats/birds/bees/lizards achieving net gain.
Transport Policy 1
Locate near public transport. Site near bus/rail/airport.
Transport Policy 4
Highways accommodate development safely. Improved access, parking exceeds standards.
Transport Policy 7
Parking per standards. Each unit has 2 spaces + garage.
Environment Policy 22
No unacceptable pollution/noise/odour/light. Pumping station 27.8-57.9m from neighbours with screening; bat-friendly lighting.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Bat/bird/bee boxes
The development hereby approved shall not be occupied/brought into use unless the bat boxes, bird boxes, and Bee Bricks have been installed/constructed in accordance with details submitted. The mitigation bat, bird and bee boxes/bricks are to be erected on site as detailed in the Proposed Site plan (Drawing No. 3 Rev A) and the Plot 1 - Plot 7 Plans and Elevations Drawings all dated December 2021, (Drawings no. 8, 9, 10, 11, 12, 13 & 14). The boxes/bricks shall be retained thereafter.
Landscaping strategy
Notwithstanding the details that have been submitted, the development hereby approved shall not commence until a detailed landscaping strategy which includes the creation of a long-term habitat management plan for the wildflower areas shown in the most up-to date landscape plans, has first been submitted to the Department in writing to be agreed. The strategy shall include a timescale for implementation. The detailed landscape strategy shall include a detailed landscaping layout, details of planting (no none non-native species), hard surfacing materials, site levels, and details of the landscape features (hedges and trees) marked to be retained on site. Soft landscaping works shall include: planting plans (at a scale not less than 1:100), written specification of planting and cultivation works to be undertaken and schedules of plants, noting species, plant sizes and proposed numbers / densities and a programme for the implementation, completion and subsequent management of the proposed landscaping. No Wildlife Act 1990 Schedule 8 non-native invasive plant species are to be planted on site. The development shall be carried out in accordance with the approved scheme and shall be retained as such thereafter unless changes to the landscaping have been submitted to and approved in writing by the Department. Any additional removal must be compensated for by replacement planting in accordance with details which have first been approved in writing by the Department.
Tree 4618 bat roost assessment
Prior to the removal of Tree no. 4618 a Preliminary roost assessment by a suitably qualified ecologist shall be submitted to and approved in writing by the Department, as this tree was found to have potential roost features for bats in its trunk and is due to be removed.
Lizard log piles/hibernaculum
The development hereby approved shall not be occupied/brought into use unless the stacked Log pile creation or a hibernaculum suitable for Common Lizard as detailed in the Proposed Site Plan dated October 2021 (Drawing no. 3), and referred to (with details shown) in Appendix VII of the Manx Wildlife Trust Preliminary Ecological Appraisal Report dated June 2021 have been installed/constructed in accordance with details submitted. The stacked log piles shall be retained thereafter.
Bat-friendly lighting
Prior to the commencement of the development hereby approved, a detailed external low level lighting scheme shall be submitted to and approved in writing by the Department. The lighting of the site will be designed in accordance with the recommendations outlined in the BCT and ILP Guidance Note 8 Bats and Artificial Lighting (12th September 2018). The lighting details shall include detailed drawings of the proposed lighting columns and fittings, information about the levels of luminance and daily duration and any measures for mitigating the effects of light pollution. The development shall not be carried out other than in accordance with the approved plan.
Invasive species eradication
Prior to the commencement of the development hereby approved (including site clearance), a Working Method Statement and eradication plan for Schedule 8 non-native invasive plant species shall be submitted to and approved in writing by the Department. The development shall not be carried out other than in accordance with the submitted Method Statement.
Precautionary method for lizards/frogs/birds
Prior to any works (including site clearance) commencing on the site, a Precautionary Working Method Statement for common lizard, common frog and breeding birds, shall be submitted to and approved in writing by the Department. The development shall not be carried out other than in accordance with the submitted Method Statement.
Wildflower areas
The Wildflower areas shown in the landscape plan (Drawing No. 06 Rev A) dated 18 February 2022, shall be created and managed via the methodology specified in the Habitat section in Table 1 of the Manx Wildlife Trust's Technical Note: Biodiversity Metric and Ecological Mitigation Plan - Netherby. The development shall not be carried out other than in accordance with the approved plan. The Wildflower areas shall be retained thereafter.
Tree retention/protection
The existing trees marked for retention on the Outline Tree Protection Plan (Drawing No. OTP-201221) shall be retained in accordance with the approved details. Any retained tree which within five years of the approved development being occupied or completed (whichever is the later) dies, are removed or become seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department. The Arboricultural monitoring indicated in the Arboricultural Method Statement, which forms part of the tree protection for the site shall be carried out in accordance with the details outlined in the Manx Root Tree Survey and Report.
Replacement tree planting
The replacement tree planting shall be carried out in accordance with the tree planting shown on drawing (06 Rev A) and the Outline Tree Protection (Drawing No. OTP-150322, prepared by Manx Roots), submitted in support of the application. The planting shall be carried out in the first planting season following the removal of the existing trees. Any replacement 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.
Archaeological programme
No development shall commence on site until a programme of archaeological work, to include excavations where required, has been submitted to and approved in writing by the Department. The programme shall indicate the degree of supervision by a qualified archaeologist. The development shall not be carried out unless in accordance with the programme of archaeological work so approved.
Access/parking/turning
The development hereby approved shall not be brought into use unless the access, visibility, vehicular and pedestrian access and all parking and turning areas, have been provided and surfaced in accordance with the details shown on the approved plans (Drawing Nos. ITB16403-GA-007, and 03 Rev A). Once provided, all access, parking and turning areas shall thereafter be permanently retained as such.
Drainage systems
No development in connection with the development hereby approved shall be occupied/brought into use unless the proposed foul sewage and surface water drainage system[s] have been provided in accordance with the approved plans (Drawing No. 16 Rev A received 28 February 2022, and 03 Rev A received 18 February 2022). The foul and surface water drainage system[s] shall be permanently retained thereafter in accordance with the approved scheme.
Construction hours
Except for excavation and demolition work, you must carry out any building work which can be heard at the boundary of the site only: between 08.00 and 18.00 Monday to Friday; between 08.00 and 13.00 on Saturday; and not at all on Sundays, bank holidays and public holidays. You must carry out excavation and demolition work only: between 08.00 and 18.00 Monday to Friday; and not at all on Saturdays, Sundays, bank holidays and public holidays.
No additional structures
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2012 or any order amending, revoking or re-enacting that Order no means of enclosure, structures or other free standing buildings, other than that shown on the approved plans and other documents listed on this decision notice, and any drawings approved subsequently in writing by the Department pursuant to any conditions on this decision notice, shall be erected on the site without an express grant of planning approval from the Department.
No objection subject to conditions on access, visibility splays and layout
Satisfied with surface water measures
Satisfied with ecology reports and mitigation measures subject to conditions
No objection due to net canopy gain and mitigation
Preferred pumped drainage option
Do not oppose after additional information
Happy with proposals, drainage remains private
Advisory on nesting birds, no objection raised
No objections
DEFA Forestry, Highways Development Control, DEFA Ecosystem Policy, DEFA Environmental Protection Unit, and Manx National Heritage provided consultation responses with conditional no objections or specific recommendations on tree protection, highways, biodiversity, drainage, and nesting birds; private representations from Braemar objected strongly.
Key concern: RPA incursions into retained trees not addressed in arborist report
DEFA Forestry
Conditional No ObjectionI recommend that these concerns regarding the proposed tree protection are addressed prior to determination of the application; I will give the applicant/agent a chance to respond to these comments before I provide my conclusion on whether the Directorate should object/support
Conditions requested: concerns regarding proposed tree protection addressed prior to determination; Arboricultural Method Statement including arboricultural monitoring submitted; drainage plans formally submitted
Highways Development Control
Conditional No ObjectionRecommendation: DNOC; As the proposed street is intended to be private, a waste bin collection point may be necessary
Conditions requested: proposal to meet drawings: Access ITB16403-GA-007, Visibility Splays ITB16403-GA-007, Layout 03 including closure of existing access; S109(A) Highway Agreement required; surface water drainage to prevent flow onto public road
DEFA Ecosystem Policy Officer
Conditional No Objectionhappy with the Manx Wildlife Trust’s Technical Note; to ensure that there is no net loss for biodiversity on site
Conditions requested: mitigation bat, bird and bee boxes to be erected as detailed in drawings; landscaping per Landscape Plan Drawing No. 6 Revision A with retention of features and approval for changes; no Wildlife Act 1990 Schedule 8 non-native invasive plant species planted; Preliminary roost assessment of Tree no. 4618 prior to removal; log pile creation per Proposed Site Plan Drawing No. 3; tree planting plan for boundary strategic planting prior to construction; no external lighting unless low level lighting scheme approved per BCT and ILP Guidance Note 8; Working Method Statement for Schedule 8 invasive species; Precautionary Working Method Statement for common lizard, frog and breeding birds; long-term habitat management plan for wildflower areas
DEFA Environmental Protection Unit
Conditional No Objectionpreferred option would still be for them to use a pumping station and connection to MU infrastructure; either is better than a direct discharge for me
Conditions requested: percolation tests for soak-away if private sewage treatment works used; discharge license if to watercourse; connection to mains infrastructure preferred
Manx National Heritage
No ObjectionAny works on the trees would ideally take place outside the nesting season
Conditions requested: check for nesting birds prior to tree works; tree works outside nesting season April to August
DOI Highway Drainage
Conditional No Objectionall surface water runoff from it should be prevented from draining onto the public highway
Conditions requested: drainage channel along full length of site entrance at back edge of highway; soakaway test results and site investigation provided
The original full application (21/01567/B) for demolition of an existing dwelling and erection of 7 detached dwellings with access, drainage and landscaping at Netherby, Douglas Road, Castletown was approved unanimously by the planning committee despite being on 'white land' outside Castletown's settlement boundary within a Green Gap. The appellant (neighbour) argued conflict with Green Gap policies, lapse of prior in-principle approval (14/00291/A), archaeology, drainage/pumping station impacts, flood risk, trees and infrastructure strain. The council and applicant defended the principle based on the lapsed 2014 ministerial approval for 7 dwellings, no coalescence harm due to landscaping retention/enhancement, PDL status, housing need in Castletown, no technical objections and policy compliance. Inspector Mrs Jennifer Vyse agreed the scheme preserves Green Gap openness from the road via landscaping, does not cause coalescence, finds no other harms and recommends dismissing the appeal to uphold approval subject to detailed conditions.
Precedent Value
Affirms weight to prior ministerial approvals on same site absent changes; low-density PDL intensification in Green Gaps acceptable if landscaping maintains openness perception and no coalescence; small schemes delivering needed housing types weigh heavily where technical consultees content.
Inspector: Mrs Jennifer Vyse DipTP, MRTPI, DipPBM
