**Document:** 23 July 2009 Officer Report **Application:** 09/00231/B — Replacement of 9 no previously approved dwellings with 16 no dwellings (amendment to PA 05/01686B) **Decision:** Permitted **Decision Date:** 2009-07-24 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/62416-braddan-vicarage-road-opposite-horse-replacement-dwelling/documents/1370833 --- # 23 July 2009 Officer Report ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations ### Consultations [Table omitted in markdown export] ### Officer's Report #### Application Site And Proposed Development The application site comprises land adjacent to Island House and opposite the Horse and Plough Public House in Braddan. The proposed development comprises the replacement of 9 previously approved dwellings with 16 dwellings, as an amendment to previous planning application 05/01686/B. #### Planning History The application site and adjacent land has been the subject of a number of previous planning applications that are considered specifically material to the assessment of this current planning application: Planning application 03/01237/B sought approval for residential development of sixty nine dwellings with associated roads, sewers, landscaping and public open space on land that includes the application site for the current planning application. This previous planning application was initially considered and approved on the 12th March 2004, with the initial approval decision notice issued on the 23rd March 2004. The initial approval was confirmed by the Planning Committee at review on the 4th June 2004, with the review approval decision notice issued on the 15th June 2004. Planning application 05/01686/B sought approval for residential development of 41 dwellings and a commercial development comprising 2 office buildings and 7 light industrial/storage and distribution units with associated roads and sewers and public open space on land that includes the application site for the current planning application. This previous planning application was initially considered and approved on the 11th November 2005, with the initial approval decision notice issued on the 22nd December 2005. Planning application 06/00511/B sought approval for an amendment to approved development (PA 05/01686) to provide turning hammerhead in highway and two repositioned parking spaces on land that includes the application site for the current planning application. This previous planning application was considered and approved on the 21st June 2006, with the approval decision notice issued on the 30th June 2006. Planning application 08/02260/B sought approval for the replacement of 11 previously approved dwellings with 24 dwellings, including 13 affordable units, as an amendment to previous planning application 05/01686/B on land that is adjacent to the application site for the current planning application. This previous planning application was approved by the Planning Committee subject to completion of a 5.13 legal agreement on the 16th January 2009. There is one concurrent planning application that is also considered to be specifically material to the assessment of this current planning application: Planning application 09/00232/B seeks approval for the replacement of 11 previously approved dwelling with 17 dwellings, as an amendment to previous planning application 05/01686/B on land adjacent to the application site for the current planning application. At the time of writing this planning application had not yet been determined. ## Representations Braddan Parish Commissioners object to the planning application. The grounds for their objection can be summarised as concern that the proposal represents an over intensive use of the area, that there has been no impact assessment on Ballacottier School, and that the dwellings do not appropriate scope for future extension. It is their view that the planning application should be considered by the Council of Minister due to a perceived bias resulting from the provision of affordable housing. The Borough of Douglas, as drainage agents, advise that they have no objections to the planning application subject to conditions. ### Planning Policy In terms of local plan policy, the application site is located within a wider area of land that is designated to have a master plan prepared that includes areas of industrial use, science based industries, high density residential use, landscaping and secondary school of approximately sixteen acres under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 - Plan No. 2. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current planning application. ### General Policy 2 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: - (a) is in accordance with the design brief in the Area Plan where there is such a brief; - (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; - (c) does not affect adversely the character of the surrounding landscape or townscape; - (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; - (e) does not affect adversely public views of the sea; - (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; - (g) does not affect adversely the amenity of local residents or the character of the locality; - (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; - (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; - (j) can be provided with all necessary services; - (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; - (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; - (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and ## Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: - (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; - (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and - (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14." Housing Policy 5 states: "In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more." ### Assessment The planning application seeks approval for the replacement of 9 previously approved dwellings with 16 dwellings, as an amendment to previous planning application 05/01686/B. Given the land use designation of the application site and the extant planning approval (03/01237/B, 05/01686/B, 06/00511/B \& 05/01686/B) for residential development it is concluded that the principle of residential development is established. Housing Policy 5 of the Isle of Man Strategic Plan 2007 requires a minimum provision of affordable housing on developments of 8 dwellings or more and therefore is applicable to the development proposed by the planning application. The development proposed by the planning application meets that requirement. With the principle of development and the level of affordable housing provision satisfied it remains necessary to examine the site specific impacts of the development proposed by the planning application. The site specific impacts of the proposed development arise from the changes between the development approved under previous planning application 05/01686/B and what is proposed by the current planning application. Basically, the current planning application proposes an increased number of residential units on the application site and a revision of the type of dwellings. Under previously approved planning application 05/01686/B the application site has planning approval for 9 two-storey detached dwellings. The development proposed by the current planning application comprises 10 semi-detached two-storey dwellings and a threestorey apartment block containing six apartments. The use of three-storey development within the overall development has already been established by the use of three-storey terraced dwellings within extant planning approvals on adjacent land. The proposal is considered to sit comfortably within the application site and the adjacent approved residential development. Following discussion with the applicant and further assessment it is concluded that the proposed development does not unduly affect public or private amenity within the surrounding area. The highway layout and means of vehicular access to the, and through, the application site do not significantly change from that approved under previous planning application 05/01686/B. The provision of 32 parking spaces ( 20 within residential curtilages and 12 adjacent to apartment block) meets the relevant parking standard set out within Appendix 7 of the Isle of Man Strategic Plan 2007. Accordingly, car parking provision is acceptable. The Department of Education has confirmed that there is capacity within Ballacottier School to accommodate the potential increase in public numbers arising from this and related proposals. It is recommended that planning approval be granted subject to the applicant entering into a legal agreement under section 13 of the Town and Country Planning Act 1999 in respect of the affordable housing. ### Party Status It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status: Braddan Parish Commissioners; and The Borough of Douglas. ## Recommendation Recommended Decision: Defer Legal Agreement Date of Recommendation: 23.06.2009 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. This approval relates to drawing no.s 200 rev. N, 2296_APL_202, 2296_APL_203, 2296_APL_204, 2296_APL_205, 2296.15. landscaping, 2296.15d rev. I and 2296.25d date stamped the 13th February 2009. C 3. No other works shall be commenced on site until the estate road junction with the adopted highway, including where required visibility splays, has been set out and established to the satisfaction of the Planning Authority. C 4. No dwelling shall be occupied until the estate road has been constructed to at least base course level and adequately lit from the junction with the adopted highway up to the access to the dwellings to the satisfaction of the Planning Authority. C 5. No dwelling shall be occupied until the parking facilities and vehicular access(es) have/has been completed to the satisfaction of the Planning Authority before being brought into use, and such facilities shall thereafter be so retained. C 6. There must be no discharge of surface water to the main foul sewer. I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005 Decision Made: APPROVED WITHIN 5/13 Committee Meeting Date: 23/7/09 Signed: [Signature] Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate ### Yes/No IN ACCORDANCE WITH DISSESSANTS WITH HOUSING AND ESTATES DIRECTORATE IT WAS ACCEPTED THAT THE AFFORDABLE DIVISION WAS MET WITHIN THE OVERALL ESTATE AND NO 8.13 AGREEMENT WAS NEEDED FOR THIS PLANNING APPROVAL. + MINOR AMENDMENTS TO WORDING OF CONDITIONS NO.3 3 & 5. SEE MINUTES --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/62416-braddan-vicarage-road-opposite-horse-replacement-dwelling/documents/1370833*