30 November 2022 · Planning Committee
B1-B9 B12-B17 B25-B33 B36 B40-B59 B62-B75 B86-B90 B96 B100 B102 B106-B131 B133-B139 B142-B148 Phase 2 Reayrt Mie, Ballasalla Isle Of Man
The proposal seeks to change the house types on 107 specific plots within Phase 2 of the previously approved development for 282 dwellings under PA 19/00137/B, which includes a new Ballasalla bypass road.
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The officer assessed that the proposal to amend house types on previously approved plots would have a 'neutral impact upon the visual amenity within the streetscene' and 'would not be considered to ha…
Strategic Policy 1
Requires efficient land use; officer found proposal complies as it uses previously approved plots on designated residential land without expanding footprint.
Strategic Policy 2 - Priority for new development to identified towns and villages
Prioritises development in settlements like Ballasalla; site aligns with Area Plan designation.
Strategic Policy 3 - To respect the character of our towns and villages
Assessed for neutral streetscene impact with house types reflective of approved phases.
Strategic Policy 4
Conditions protect trees/hedges; no conservation area.
Spatial Policy 5
House designs and materials match existing phases; condition restricts fencing near railway for visual impact.
Strategic Policy 10
Phasing conditions ensure bypass delivery; pedestrian improvements required pre-occupation.
Strategic Policy 11
Addresses housing demand via type amendments; affordable provision maintained.
Strategic Policy 3 - To respect the character of our towns and villages
Ballasalla as service village supports residential development.
Spatial Policy 5
Site within defined settlement boundary.
General Policy 2
General test for no significant adverse impacts; officer confirmed compliance on amenities, highways, ecology.
Environment Policy 4
Requires wildlife protection; conditions enforce PWMS/RAMS for lizards/frogs/birds, watercourse works, tree/hedge protection.
Environment Policy 42
Designs respect local character per Residential Design Guide.
Housing Policy 1
Contributes to housing supply on designated land.
Housing Policy 5
Deed of Variation ensures 25% provision via on-site units and commuted sum for additional plot.
Transport Policy 1
Conditions secure access, parking, pedestrian links.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Watercourse works season
No works to the watercourse bank and channel shall take place outside the period July to September (inclusive).
Watercourse method statement
Any works to the existing water course shall be undertaken in accordance with the written method statements and agreed in advance with the Inland Fisheries Section of the Fisheries Directorate, DEFA.
Tree retention
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.
Ecological mitigation plan
Within 3 months from the date of this decision, a plan showing ecological mitigation measures that can include bat and/or bird box being installed to properties or to landscaped areas to ensure long term nesting space and shall be implemented, retained, maintained and kept available for those specific uses.
Protective fencing for trees/hedges
Protective fencing shall be erected and maintained throughout the works, any fencing that becomes damaged must be replaced. All of the existing trees and hedges marked as being retained in the landscaping plan (Drawing No. 02.04 Rev G), 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.
Development phasing with bypass
The phasing of the development must be carried out in accordance with the approved plans under 19/00137/B which show the construction of the phase 1 part of the new by-pass road including the new roundabout on the A5 to be commenced no later than the completion of the 75th dwelling within Phase 1 of the development hereby approved. No dwellings shall be constructed within Phase 2 of the development prior to the completion of the 90th dwelling in Phase 1 and until the by-pass road has been completed with a surface course up to the entrance of phase 2 as shown in the approved plans. No dwelling within Phase 2 shall be occupied until the by-pass road has been completed with a surface course up to the site boundary at the rear of Railway Terrace.
Landscaping implementation
The planting proposals as detail on the Landscaping Plan drawing (phase 2) referenced 02.04-G shall be carried out in accordance with those details provided. Any planted trees that are removed, die or become, in the opinion of the Department, seriously damaged or defective within five years of planting shall be replaced with specimens of a similar size and species as originally required, unless the Department gives written consent to any variation.
Construction method statement
All works on site shall be carried out in accordance with the previously approved construction method statement as approved under PA 19/00137/B Condition 4. This approved statement shall be adhered to throughout the construction period.
Access surfacing
No part of the Phase 2 development hereby approved shall be occupied until the first 12 metres of the access on to the by-pass road, measured from the edge of the carriageway, has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.
Estate roads pre-occupation
No dwelling hereby approved shall be occupied unless the estate roads, including footpaths, cycle paths and turning spaces, have first been constructed so as to ensure that 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.
Parking pre-occupation
No dwelling 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.
Pedestrian improvements
No part of the development hereby approved shall be occupied unless the following measures for improving pedestrian use (approved under PA 19/00137/B) have first been constructed in accordance with the approved details: the existing footway on the southeast side of the A5 between the new access and the junction of Ballabridson Park and the section of Ballahick Lane between the A5 and the site are constructed in accordance with those approved details.
Flood attenuation
No part of the development hereby approved shall be occupied unless the flood attenuation area as approved under PA 19/00137/B has first been constructed in accordance with those submitted details as previously approved.
Precautionary working method statement
Any work including site clearance or soil stripping, shall be undertaken in accordance with the approved Precautionary Working Method Statement (PWMS) with Reasonable Avoidance Measures (RAMS) for lizards, frogs and breeding birds, as previously approved under Condition 15 of PA19/00137/B and undertaken in accordance with those details.
Fencing restrictions
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012, no walling or fencing other than is shown on the approved plans may be erected on the following plots where the proposed walling or fencing would abut the railway line: B12-13, B25-B33, B36, B43 - B44.
do not object but note the proposal will require a S4 highways agreement for the adoption as public highway to be re-submitted
No Objection
no objection subject to limitations on works to the river banks limited to July to September and a written method statement to be submitted
seeking bird box plan and hedge protection; external nest boxes switched to integral as conditions; landscaping to be as shown
agree the provision of a commuted sum
potential for nesting birds/bats; seeks conditions for native planting, protective measures for river and lighting
Multiple consultees including DOI Highways, DEFA Fisheries, DEFA Ecosystem Policy, Manx National Heritage, DOI Flood Risk Management, and DOI Estates Housing provided responses with no objections subject to specific conditions related to fisheries, ecology, heritage, flooding, highways, and affordable housing contributions.
Key concern: flood overtopping risk requiring flood defenses
Department of Infrastructure (DOI) Highways Division
No ObjectionDo not oppose; After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking
Conditions requested: S4 highway agreement for adoption as public highway to be resubmitted
Inland Fisheries Policy Manager, DEFA
Conditional No ObjectionFisheries, DEFA has no objection to this proposal providing the following conditions are met
Conditions requested: Any works to the watercourse bank and channel are restricted to the period July to September (inclusive); Works are conducted according to written method statements agreed in advance with the Inland Fisheries Section of the Fisheries Directorate, DEFA
Ecosystem Policy Officer, DEFA
Conditional No ObjectionWe believe that in order to ensure that this mitigation measure is carried out, a bird box plan should now be provided; We also request that a condition is secured for no Schedule 8 non-native, invasive Griselinia or Cotoneaster to be used on site
Conditions requested: Prior to the occupation of any dwellings, details of starling and house sparrow nest boxes to be installed as part of the development must be approved by the Department and the development undertaken in accordance with these details, with a bird box plan showing locations and switch to integrated boxes; no Schedule 8 non-native, invasive Griselinia or Cotoneaster to be used on site; prior to construction of these new dwellings, a hedge protection plan to be submitted to Planning for written approval, containing details of protective fencing and construction exclusion areas
Manx National Heritage
Conditional No ObjectionUnder the hedge planting scheme we request that a condition of approval is that only Manx native species be used as hedging as non native species such as Griselinia provide few opportunities for nesting or feeding birds and invertebrates
Conditions requested: only Manx native species be used as hedging; reasonable avoidance measures (RAMS) to be put in place prior to works commencing to prohibit building materials or earth entering the nearby water course; building works are kept as far as practicably possible from the tree line; additional lighting of the area, both during construction and after completion, should seek to avoid the eastern and western boundary features and where lighting is installed it should ideally be downward facing and low spread
Department of Infrastructure (DOI) Flood Risk Management Division
Conditional No ObjectionDNOC; Flood defenses are recommended
Conditions requested: Flood defenses are recommended
Public Estates & Housing Division, DOI
Conditional No Objectionwhat is being proposed is acceptable to the Department, and accordingly the DoV will include for an additional £5,375.00 to be paid as a Commuted Sum
Conditions requested: additional £5,375.00 to be paid as a Commuted Sum in respect of the uplift of 1 additional dwelling
