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22/00139/B Page 1 of 9
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00139/B Applicant : Dandara Homes Limited Proposal : Erection of 107 dwellings (amendment to dwelling types approved under PA 19/00137/B) Site Address : 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
Senior Planning Officer: Mr Jason Singleton Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Approve subject to Legal Agreement Date of Recommendation: 08.06.2022 __
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. No works to the watercourse bank and channel shall take place outside the period July to September (inclusive).
Reason: To avoid disturbance or injury to spawning fish, or to the spawn and fry of fish, during the season in which they are most at risk.
C 3. 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.
Reason: to allow DEFA Fisheries to provide advice on a suitable approach to construction, in order to reduce the possibility of injury or disturbance of fish within the river.
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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.
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. 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.
Reason: In the interest of ecology and biodiversity.
C 6. 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.
Reason: Protection of the biodiversity and ecology on site
C 7. 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.
Reason: To ensure the delivery of the by-pass road.
C 8. 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.
Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs as the landscaping of the site is an integral part of the scheme and must be implemented as approved.
C 9. 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. The statement demonstrates the parking of vehicles of site operatives and visitors, routes for construction traffic, hours of operation, method of prevention of mud being carried onto highway, pedestrian and cyclist protection, proposed temporary traffic restrictions and arrangements for the turning of vehicles.
Reason: In the interests of safe operation of the highway.
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C 10. 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.
Reason: In the interests of highway safety.
C 11. 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.
Reason: To ensure that the development is served by an adequate means of access.
C 12. 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.
Reason: In the interests of highway safety.
C 13. 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.
Reason: In pursuit of sustainable transport objectives.
C 14. 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.
Reason: to ensure that the facility is maintained to accommodate water from the proposed development.
C 15. 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.
Reason: to ensure that the development complies with Environment Policy 4.
C 16. 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
Reason: to ensure that the development has an acceptable visual impact on the surrounding area.
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N 1. The applicant is advised to contact Fisheries (tel. 685857, or email [email protected]) to discuss method statements and arrange further advisory site visits as development continues especially before the water course is altered, should the proposal be granted planning approval. As detailed on the attached information sheet, DEFA does not charge for an initial site visit or review of method statement but there is a charge for relocating fish prior to river works. This is likely to be deemed necessary due to the nature of the proposed works on a section of stream, which Fisheries assessment confirm may contain fish, including eels.
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; 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 an amendment to the previous Section 13 Legal Agreement and the conditions listed.
Plans/Drawings/Information;
This decision relates to drawings and supporting information received on 4th February 2022, referenced; 502 522 514 515 516 501 512 505 518 509 13.03 10.02-B 09.02-B 07.02-B 07.03-B
And amended plans received on 12th April 2022, referenced; 02.10-D 02.04-G 14.05-B 14.06-B 14.07-B 14.08-B 14.20-A 14.21-A 14.22-A 14.23-A 504
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Interested Person Status - Additional Persons
It is recommended that the following government departments should be given Interested Person Status as they are 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):
DoI Flood Risk Management Manx National Heritage DoI Estates and Housing
as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018). __
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT IS FOR OVER 8 HOUSES AND A SECTION 13 LEGAL AGREEMENT (DEED OF VARIATION) IS REQUIRED
1.0 THE SITE 1.1 The application relates to the second phase of a three part development for the provision of residential accommodation and a link (Ballasalla) Bypass from Balthane Corner to Glashen Hill in Ballasalla.
1.2 This application was previously considered under 19/00137/B (see 4.0 planning history) and approved with a number of conditions and subject to a legal agreement for 282 dwellings (phase 1 and 2)
1.3 Part of the 2019 approval has been implemented (phase 1) to the north of the railway line has been built with many of the dwelling houses sold and now occupied. Also built is the road network and part of the bypass is already under construction and the bridge over the Steam railway underway and functioning. The housing for Phase 2 has not started but the infrastructure for the bypass and engineering works has begun on site.
2.0 THE PROPOSAL 2.1 This application is to simply alter the house types on certain plots within the area defined as phase 2, "Reayrt Mie", essentially to provide an updated house design to reflect current demand and availability of building materials. The proposed house types are all on previously approved 'plots' (2019 approval) and there is no alterations to the infrastructure or landscaping over what was previously approved.
2.2 This proposal would see a net increase of one dwelling house plot (B17) that is located to the rear of an existing dwelling house, called; Ballahick Cottages and adjacent to Crosh Yvor. This would be a 'maple' house type and would sit adjacent to another 'maple'.
2.3 This phase is for 132 dwelling houses, but of that, only 107 are to be considered in this application as indicated by the red line on the plan which is around those affected plots, which would see alterations specifically to plots referenced; B1-B9 B12-B17 B25-B33 B36 B40-B59 B62-B75 B86-B90 B96 B100 B102 B106-B131 B133-B139 B142-B148.
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
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Written Statement with Notation No.3. The application site is not within a Conservation area, or within an identified area as being at flood risk.
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
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4 Highway Safety 6 Equal weight for vehicles and pedestrians 7 Parking Provisions
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. Approved
4.2 21/01262/B - 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 - Field 434091 & Parts Of Fields 435106 (formerly 432719), 434974 (formerly 434089) And 434090 Adjacent To Railway Terrace, Ballasalla. APPROVED subject to a legal agreement with 14 conditions. Approved
4.3 20/00124/MCH - Minor changes application for PA 19/00137/B involving alterations, traffic calming features, new footpath link and pedestrian link. Field 434764, Douglas Road Ballasalla. Approved.
5.0 REPRESENTATIONS (in brief - full reps can be read online) 5.1 Malew Commissioners has not commented at the time of writing.
5.2 DoI - Highways (18/02/22 & 21/04/22) do not object but not the proposal will require a S4 highways agreement for the adoption as public highway to be re-submitted.
5.3 DoI - Flood Risk (21/04/22) No Objection.
5.4 DoI - Public Estates & Housing were contacted and agree the provision of a commuted sum (13/06/22).
5.5 DEFA - Inland fisheries policy manager commented (on 07/03/22 & 06/05/22) with no objection subject to limitations on works to the river banks limited to July to September to avoid disturbing spawning fish and a written method statement to be submitted to Fisheries.
5.5 DEFA - Ecosystems policy officer (commented 09/03/22) seeking a bird box plan showing where the 3 starling and 1 house sparrow terraces are to be located. External nest boxes switched to integral boxes / nesting spaces as a conditions. They also seek that Griselinia is not used on site and the landscaping within the red line on the landscaping plan
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(Drawing No. 02.04 Rev F), should be undertaken as shown. Requests hedge protection plan to be submitted to protect existing trees and hedges with fencing.
5.7 Manx National Heritage (27/04/22) Commented on potential for nesting birds, bats, and quotes the IoM wildlife Act; seeks a condition for Manx Native species for planting and avoid Griselinia. Seeks for protective measures to avoid river contamination and lighting of the site.
5.8 There has been no other comments received from interested parties or stakeholders.
6.0 ASSESSMENT 6.1 The proposal is relatively straight forward and has come about to reflect market demand for housing types, that would see a slightly different style of property on the same plots as previously approved. The overall design, appearance and character would be reflective of what is already approved and used in the phase 1 and 3 or the proposal and the choice of materials would be reflective of this also.
6.2 On balance the principle of the proposal would be acceptable, with a neutral impact upon the visual amenity within the streetscene and would not be considered to have any detrimental impact upon any of the neighbour's amenity. Likewise, there are no outstanding issues raised with any drainage, flooding or highway safety. This proposal would not alter the affordable housing provision or open space requirement already approved.
6.3 The concerns raised from Ecology can be addressed through appropriately worded conditions to safe guard the existing trees, hedges and their inherent biodiversity and ecology.
Affordable Housing 6.4 The overall increase in one house (B17) above what was previously approved, would alter the overall provision of houses and the requirement for affordable housing under HP5. The previously accepted S.13 will be slightly updated and will ensure the previous acceptable affordable housing of 20 dwellings on site with a commuted sum of £23,500 per unit to be paid in lieu of the remaining 50.5 units and £11,750.00 for half a unit, of affordable housing.
6.5 Given the above and the application is only proposing a change of house types, the fact remains this applications is giving a fresh approval for this parts of the site. Therefore a Deed of variation of the original Section 13 Legal Agreement needs to be undertaken.
6.6 With regard to the affordable housing and the increase of one additional dwelling on site, this can be addressed through a Deed of Variation / an amendment to the S.13 legal agreement from the 2019 application. Essentially based on that signed agreement, a commuted sum could be payable and would be compliant to Housing Policy 5 which required 25% of affordable housing.
6.7 The previously accepted S.13 provided affordable housing of 20 dwellings on site with a commuted sum of £23,500 per unit to be paid in lieu of the remaining 50.5 units and £11,750.00 for half a unit, of affordable housing. In this instance a commuted sum of £5,875.00 (25% of £23,500.00) can be payable and would be acceptable to the Public Estates & Housing Division in this instance.
6.8 With regard to conditions and transfer of those from the former application, the previous 2019 application discharged those onerous conditions that required further information, namely; 3,4,12,13,14,15,16,17,18. The remaining conditions; 1 - four year rule 2 - Implementation of the bypass 5,6,7,8,9,10,11 - All relate to highway safety 19 - Suspends PDO for fencing to certain plots.
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As this proposal is only for the housing types and is reflected by the red line around those specific plots and does not include any of the highways or infrastructure, this application is somewhat dependent on the 2019 permission and those previous conditions can be linked through this application.
7.0 CONCLUSION 7.1 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 recommended that the planning application be approved for the reasons given above and subject to a Deed of Variation to the Section 13 Legal Agreement 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 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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body 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:...20.06.2022
Signed :...J SINGLETON... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
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