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THE SITE The application site is an area of pastureland to the north of the A24 near to the centre of Foxdale. The land runs north to a large dwelling, Lily Bank, and is bordered by development on its western
side. To the east of the site, and also bordering the A24 is Springfield Terrace. To the north the site runs alongside Lilly bank, and ends at agricultural land. Across a field to the north is Kionslieu Farm, set above the village. Rosehill cottage is a single storey building on a small plot built close to the western boundary of the site.
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 which accompanies the plan, Paragraph 3.50 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.
Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered relevant: General Policy 2, which states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
Housing Policy 6, which states: "Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."
Recreation Policy 3, which states:
"Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan."
Recreation Policy 4, which states:
"Open Space must be provided on site or conveniently close to the development which it is intended to serve, and should be easily accessible by foot and public transport."
Transport Policy 4, which states:
"The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
Transport Policy 7, which states:
"The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
The following previous application is considered relevant to this application:
PA 06/01371/B sought approval for a 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.
PA 07/00649/B sought approval for a residential layout for 17 plots including 4 plots for affordable housing on land including Fields 334281 and 334282 adjacent to Springfield Terrace, Foxdale. This was initially approved by the Planning Committee and was subsequently approved with conditions attached on appeal 27th November 2007.
Planning application 08/01040/B is a concurrent application which relates to the development of Plots 1 to 7 (inclusive) of the site. This is pending a decision by the Planning Authority.
REPRESENTATIONS The Department of Transport Highways Division has not objected to this application. The Department of Transport Drainage Division has not objected to this application subject to conditions.
Patrick Parish Commissioners has commented on this application in relation to drainage. The Commissioners accept that the Department of Transport Drainage Division has not objected to the application but remain concerned about the drainage implications of the development. The Commissioners have also commented on the landscaping proposed for the site indicating that some issues have not been resolved from the previous planning application 07/00649/B. The provision of Open Space is also mentioned.
The owners/occupiers of Rosehill Cottage object to this application. Their objection may be summarised as concerns that the development will affect the security of their property. Concerns are also raised in relation to the planting shown along the boundary of their property and land contamination.
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The Isle of Man Fire and Rescue Service has commented on the application requesting that a note be attached to any approval advising the applicant to consult with them.
This application seeks approval for the development of eight plots on the site with associated parking and services. The previously approved application, which dealt with the layout of a residential development on the site, proposed 17 plots. This application proposes the development of eight of these plots (plots 8, 9, 10, 11, 12, 13, 16 and 17). The site layout remains as approved under PA 07/00649/B.
The proposed dwellings would display a combination of smooth render and Manx stone and would have vertically proportioned windows to the front and side elevations. Point 4 of the development brief contained within the Foxdale Local Plan which relates to the site states: "All dwellings must be designed to reflect the more traditional architecture of the village: the use of traditional materials - slate-like roofing tiles, rendered or Manx Stone walling will all be encouraged. A variety of complementary house styles is recommended".
The main issues to be considered in the assessment and determination of this application are whether the proposal complies with relevant policies contained with the Isle of Man Strategic Plan 2007 Plan, land contamination and whether the proposal would accord with the specific requirements set out in the Foxdale Local Plan.
In terms of General Policy 2 of the Isle of Man Strategic Plan 2007, it is considered that the position and design of each of the 8 dwellings being proposed by this application would provide a satisfactory level of amenity in themselves and in relation to one another. There would be a sufficient level of parking in accordance with the Parking Standards set out within the Strategic Plan and each property would have an acceptable level of outdoor amenity space and accessibility for servicing. The proposed dwellings would incorporate traditional features such as vertically proportioned windows and would display Manx stone plinths and porches. The roofs would be finished in a dark slate-like material. It is concluded that the dwellings proposed would be acceptable when assessed against the design brief for the site set out within the Foxdale Local Plan.
Recreation Policies 3 and 4 require the provision of open space in new development. The submitted site plan for this application identifies an area of the site adjacent to the mound as public open space. The area of this land (including the mound) is approximately 3840 sq.m. Using Appendix 6 of the Isle of Man Strategic Plan 2007, which sets out the method of calculating the area of open space required to accompany a residential estate, it is considered that the proposed scheme should provide approximately 1408 sq.m of open space. However there is no requirement in the extant permission for the layout of the 17 plots (PA 07/00649/B) to provide such space or to make a contribution in lieu of on-site provision. In such circumstances it is considered inappropriate to demand such provision in connection with the current proposal. In addition, the suitability of the site for this purpose has not been determined and is a matter that could be left for future discussion following the grant of any permission.
The approved planning application 07/00649/B had attached to it a condition requiring a survey to be submitted and approved by the Planning Authority to investigate whether or not there is contamination present on the site. The condition requires that if there is contamination found to be present, a statement setting out the method for rendering the site suitable for development must also be submitted and no development may take place until the works set out within the method statement have been implemented. The applicant has submitted a report submitted by Strata Surveys Limited, a company based in Cheshire who provide Geotechnical Testing Services and Chemical Contamination Assessment. The report sets out that an assessment of the site has been conducted with 10 test holes at 1.5 metre depths being undertaken. The results have been assessed against UK
Environment Agency and DEFA SGV (Soil Guidance Values) and where no SGV values are available, the Atkins AtriskSoil SSV (Site Screening Value).
The report findings show that levels of lead were less than the UK SGV and the results for other metals did not exceed relevant guidance values. However, arsenic values for the site were "unexpectedly high" with the highest concentration being and the 95th percentile being (the SGV for residential use with plant uptake is ). It is stated that the arsenic present cannot be released by digestion. The report concludes with a recommendation that the top soil be stripped from the site with imported top soil from a known source being used on site. The report is accompanied by a Method Statement which sets out how the site is to be stripped, with the contaminated soil being stock piled in agreed secure areas with restricted public access. It is judged that whilst the submitted information provides some clarification on the matter of contamination within the site, this is not sufficient to discharge the condition attached to the application for roads, plots and sewers, nor is it sufficient to avoid theneed for a similar condition in the event that the current application were approved. There is insufficient information in terms of the details of any proposed storage mounds which would have to be discussed by the applicant with both the Department of Trade and Industry and the Environmental Protection Unit. Accordingly the same condition should be attached to any subsequent approval of this application.
Planning application 07/00649/B also required by condition that 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 with consultation with Manx National Heritage, The Environmental Unit of Department of Local Government and the Environment and the Department of Trade and Industry. The application does not include this and from the information available it is not clear as to whether such consultation has taken place. As such the same condition should be attached to any subsequent approval of this application.
Following the appeal decision of PA07/00649/B, correspondence was received from The Department of Trade and Industry raising some concerns that no condition had been attached to the approval in relation to the possibility for the site to be underlain at shallow depths by abandoned mineworkings. It is considered appropriate to attach a condition to any subsequent approval requiring ground investigations to be carried out by appropriately qualified persons in consultation with the Department of Trade and Industry.
The owners/occupiers of Rosehill Cottage have raised concerns in relation to landscaping along the boundary with their property and Plot 14 and to the siting of the dwelling proposed for that plot. The need for enhanced landscaping in this part of the site and for care in the design of plot 14 were identified by the Minister as issues requiring further consideration when the appeal relating to PA 07/00649/B was considered. This application excludes Plot 14 and 15 but does include indicative details of those plots. Any approval granted for this application should make clear through a note that no approval is granted or implied for the submitted footprints or landscaping on either Plot 14 or Plot 15. The application is accompanied by a comprehensive tree survey and management plan for the landscaping both existing and proposed for the site. It is considered that a condition should be attached requiring the landscaping for the plots that are the subject of this application to be carried out in accordance with the submitted Structure Planting Plan (L1026-08-02).
Patrick Parish Commissioners have raised concerns over the drainage of the site. The Department of Transport Drainage Division has considered the application and responded with no objection subject to conditions. The Drainage Division is the statutory authority on drainage issues, and as such it is considered that the proposed development can be drained adequately to meet their standards. In any event, the drainage of the site has been dealt with and approved by PA 07/00649/B.
It is recommended that the application be approved.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
The Department of Transport Highways Division The Department of Transport Drainage Division Patrick Parish Commissioners The owners/occupiers of Rosehill Cottage
Accordingly the following parties are not granted Interested Party Status:
The Isle of Man Water Authority The owner/occupier of Seacliffe, Old Castletown Road, Ballaveare, Braddan
Recommended Decision: Permitted
Date of Recommendation: 21.10.2008
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to the erection of dwellings on Plots 8 to 13 inclusive and Plots 16 and 17 with associated parking and landscaping Fields 334281 and 334242, adjacent to Springfield Terrace, Foxdale as shown by the plans and information 1288/04/30, 1288/04/31, 1288/04/32, 1288/04/37A, 1288/04/43, 1288/04/44, 1288/04/45, 1288/04/46, 1288/04/47, 1288/04/48, 1288/04/49 and 1288/04/50 submitted and date stamped 10th July 2008.
Prior to the commencement of works on site, a method statement must be submitted for consideration and approval in writing by the Planning Authority, to indicate the detailed works 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. Development of the site shall not take place subsequently except in strict accordance with the approved method statement.
All landscaping for the approved dwellings on Plots 8 to 13 inclusive and 16 to 17 inclusive shall be carried in accordance with approved plans and information Tree Survey (L1026-08-01), Structure Planting Plan (L1026-08-02) and Tree Report. All planting, seeding and turfing must be carried out within the first planting and seeding seasons following the completion of the development or the
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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.
Prior to the commencement of any development on site there must be submitted to and approved by the Department a survey to establish whether or not there is contamination present on the site. This survey must be prepared by a person or persons having appropriate expertise and approved by the Department and should follow consultation with The Environmental Protection Unit of the Department of Local Government and the Environment and The Department of Trade and Industry. In the event of contamination being identified, the submission to the Department must include a statement of the method for rendering the site suitable for development. No development may take place on parts of the site affected by contamination until the works specified in the method statement have been implemented
The proposed development must be connected to the main foul sewer but there must be no discharge of surface water to the main foul sewer.
No dwelling authorised by this permission may be occupied unless and until the access road between that dwelling and the existing highway, including footways and turning heads, has been laid out in accordance with the submitted plans and constructed to at least base course level.
The exterior stonework must be of a traditional nature. NOTE: Split stone on a backing render is not acceptable as an external finish.
Prior to the commencement of any works, ground investigations must be carried out by appropriately qualified persons in consultation with the Department of Trade and Industry to identify whether the site is underlain at shallow depths by abandoned mine workings. Should any abandoned mine workings be found within the site, a method statement setting out how it is proposed to render the site suitable for development must be submitted to the Planning Authority for approval.
Prior to the commencement of works on site, the applicant is requested to contact the Development Control section of the Drainage Division in order to discuss the drainage construction drawings, proposed pipe material and to enter into a section 8 adoption agreement for this development
No approval is granted or implied for the footprints of dwellings or landscaping on Plots 14 and 15 shown on the submitted site plan. Any proposal for dwellings and landscaping on these plots must form the basis of a separate application. Attention is drawn to Condition 8 of approved planning application 07/00649/B in relation to any proposals for Plot 14.
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