**Document:** Officer Planning Report 09/00521/B **Application:** 09/00521/B — Residential development of 43 dwellings, including roads, drainage infrastructure, and public open space **Decision:** Refused **Decision Date:** 2009-11-17 **Parish:** German **Document Type:** report / officer_report **Source:** https://planningportal.im/a/62556-german-parts-of-fields-dwelling/documents/1372699 --- # Officer Planning Report 09/00521/B The submitted application differs significantly from the previously refused application, particularly in terms of scale. This application proposes 43 dwellings as opposed to 458 and the current application relates to only part of the land designated as being for Predominantly Residential use. It should be borne in mind that the application provides a clear indication of future phases of development however these would form the basis of future applications and would be assessed as and when they are submitted. Housing Figures The principal objective of the Government's housing policy is to ensure that sufficient housing, to appropriate standards, is made available to meet demands created by the growth in population and changing household sizes. Housing Policy 1 sets out that "The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 6000 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2001 to 2016" and Housing Policy 2 establishes the Department's aim to ensure an adequate supply of housing land, based on the level of provision indicated in Housing Policies 1 and 3, is provided. The Department recognizes that the predicted growth in population and changes in household size are subject to a wide range of influences. Accordingly an approach has been adopted which does not make specific provisions for a total number of houses for the Plan Period but rather to Plan, Monitor and Manage. Regular assessment of changes in the total population and in household size will enable corresponding changes to be made in the provision of new housing land. A broad approach to planning the provision of housing (and in particular to determining the amount of land needed to be allocated for housing in Area Plans). This approach involves: - Planning for an overall annual rate and geographical spread of housing need and demand on the one hand and environmental, infrastructure, and constraints on development on the other; - Monitoring actual provision of housing against targets and indicators and - Managing the process to modify the release of land for development (e.g. via revising Area Plans and rates of planning permission) if targets either have to be amended or are not met (e.g. if there is either under or over provision). The monitoring of housing figures takes into account the number of approved developments taken up and the number of windfalls and conversions which may come forward in order to ensure that accurate data is available. The most up to date figures (at 30th June 2008) show that the housing target of 6000 units to be provided up to 2016 has not yet been met, although the figures do vary considerably between the four areas (North, South, East and West). Without taking into account the projected conversion and windfall figures, the housing targets have a current shortfall of 1032 units with the west having a shortfall of 54. If the projected conversion and windfall figures are included in the total sum, the West would exceed its housing target figure by 79 units. Clearly there is an element of judgement required in the assessment of applications for additional dwellings in areas which, according to most up to date projections, may be at the point of exceeding their housing target figures. On the one hand, if a pessimistic view of the projected windfall and conversions for the West is adopted, the proposed development would add 43 units to a current projection of 946 totalling 989, some 11 units below the overall target for the west of 1000 units by 2016. If on the other hand an optimistic view is taken and all of the projected windfall and conversions materialise, there could be 122 units provided over the housing target figure for the West. The midway point between these figures is an overall provision of 1055 dwellings in the West based on the most up to date figures. It should be acknowledged that the provision of 1000 in the west by 2016 has to take into account the time taken for construction to ensure that the housing target of 1000 units for the West is met on the ground by 2016. It is also reasonable to take into account the current economic climate which is likely to reduce the likelihood of windfall and conversions coming forward. 3 November 2009 Whilst there is clearly a desire to control the number of residential units in line with the housing figure projections for each area set out within the Strategic Plan, it is judged that the addition of 43 dwellings does not constitute a gross departure from the most up to date housing figures so as to warrant the refusal of this application for this reason alone. **Design and Layout** The proposed development would represent an extension to the existing Reayrt Ny Keylley estate and in doing so would breach the existing linear boundary which defines the estate. In plan form the development appears as a projection from the existing built form however on the ground this somewhat abrupt interface would not be as appreciable. The layout of the proposed dwellings is considered to be largely successful in providing an acceptable level of amenity to future occupiers, having regard to the design and layout of Reayrt Ny Keylley and incorporating visual references to the older parts of Peel. Each dwelling would be served by two car parking spaces in accordance with current standards and the use of materials would be in-keeping with the properties to the west. The terraced properties in particular would contribute to providing a sense of place by incorporating a variety of fenestrations and materials and being arranged in around a central area of open space. The proposed layout does raise some areas of concern which have been relayed to the applicant for consideration. It was considered that whilst it is clear from the supporting material that the application has been submitted with a view to further development of the land to the east of the site, it would be more appropriate for the proposed development to have a layout which does not make physical links with future phases as these would have to be assessed on their own merits. With regard to this point, it was considered that the road ways which terminate at the edge of the application site should have been revised and that landscaping to the edge of the proposed development should be incorporated to ensure that if this proposed development where to represent the edge of the built form, its interface with the countryside would be softened. More detailed matters were also raised such as the treatment of boundaries adjacent to parking areas however these suggestions were not taken up by the applicant. It has however been accepted that should the application be approved, a condition requiring a scheme of landscaping to be submitted could be attached with the intention of ensuring that the edge of the development would be softened. It is judged that whilst it would have been preferable for the issues set out to have been resolved, they are not of a weight to render the application unacceptable. The main issue is considered to be the treatment of the edge of the development and it is judged that a condition would be an acceptable way of overcoming this concern. **Highway Issues** The application proposes the use of Clover Avenue as an access serving the proposed dwellings. This would involve the opening up of what is currently a cul-de-sac to allow access to the site via Reayrt Ny Keylley. This element of the development has raised objections from occupiers of Clover Avenue who feel that the use of the road as an access would have detrimental impacts upon their amenity and on road safety. The Department of Transport Highways Division has not objected to the development and as such does not consider the use of the road as proposed to be unacceptable. The issue of amenity is separate to road safety and whilst the use of the road as an access would undoubtedly change the character of the existing cul-de-sac, it is not considered that this would result in an unacceptable impact upon the amenity of properties located on Clover Avenue. The resulting situation would not be unlike other roads within Reayrt Ny Keylley or indeed other modern residential estates. During construction, a temporary access from Poortown Road would be used to accommodate most of the construction traffic serving the proposed development. **Drainage** The development would be served by a temporary sewage treatment plant which would be situated to the south west of the site. The decision to propose a stand alone treatment plant is the result of 3 November 2009 the inability of the existing drainage infrastructure which serves Peel to accommodate additional loads. The temporary treatment plant would be constructed so as to be largely underground and the area would be fenced. It is stated that when the development can be connected to the mains sewers, the temporary plant would be decommissioned and removed from the site. The Department of Transport Drainage Division has confirmed that the delivery of IRIS within Peel is still some time away, with land ownership, design and planning permissions all still required, however an approximate timescale is 5-6 years. An added complication exists for the connection of this development to the public foul system in that sections of the foul sewer network in Derby Road and further downstream at East Quay surcharge and flood during rainfall events. To address this, certain sections of the foul network will need to be upgraded in the future but at present the Drainage Division is committed to delivering IRIS within Peel and such upsizing schemes are yet to be developed and will of course be such to Treasury funding. It is not envisaged that these schemes will commence before IRIS is online with Peel and therefore the Division will not permit any discharge until both the IRIS sewage treatment works is commissioned and the necessary upgrading works have been completed. The Drainage Division has commented on this application stating that it does not object subject to conditions which would have the effect of preventing the connection of the development to public foul system until the IRIS regional treatment plant has been constructed and commissioned within Peel and the necessary sewer upgrading works within the downstream foul sewer network have been undertaken. Whilst it would be preferable for the development to be connected to the public sewer system from the outset, when situations arise where this is not possible, suitable alternatives must be considered. In this case, the Drainage Division has assessed the proposed development and has concluded that the application is acceptable with regard to the proposed drainage provision. ADDITIONAL REPORT FOLLOWING PLANNING COMMITTEE MEETING HELD 9th OCTOBER 2009 The Planning Committee deferred consideration of this application at its last meeting pending further information on the following issues: Master plan - The Committee wished to see the proposed development in the context of a wider masterplan. The information submitted as part of the application includes a drawing which shows the proposed development in the context of possible further phases of development. At this time, the master plan only needs to demonstrate that the approval of this application would not prejudice future development. Development planned for outside the defined site must be treated as being indicative only and would be assessed at such time that an application is submitted to the Planning Authority which would be determined against the provisions of the Development Plan and material considerations. Consultation with the Department of Health and Social Security (DHSS) - A response has been received from the DHSS Director of Estates Services which sets out that on the assumption that there were 4 person per dwelling (4 x 43 = 172), "then that would not be an issue for Primary Health Care". On the basis of this, it is judged that the proposed development would not have an unacceptable impact upon the services provided by the existing healthcare facilities serving Peel. Consultation with the Department of Education (DOE) - At the time of writing this additional report, no response has been received to a further request for comments relating to the impact of the proposed development on education provision. Drainage - Clarification has been sought with regards to the proposed drainage. It has been confirmed by the applicant that the proposed temporary treatment plant would be located at the lowest point of the site in order to assist with its operation. It has also been clarified that the drainage infrastructure would include the necessary equipment to allow connection to IRIS once this is possible, including dry connections which would allow connection with limited additional expense. The applicant has confirmed that a bond is required by the Department of Transport Drainage Division and that this would cover the interim treatment plant and the future connection to IRIS. With 3 November 2009 regard to the capacity of the proposed sewage treatment plant, this would be sufficient to support the proposed development and any future approved development on adjacent land. This would seem to be a reasonable approach to adopt essentially providing the necessary infrastructure for future development which is capable of serving the development now proposed. At the previous Planning Committee meeting, Infrastructure Policies 1 and 2 were referred to by the planning officer. These policies set out the following: **Infrastructure Policy 1:** "With the exception of individual plots or very small-scale schemes (equivalent in scale to an individual plot), development shall only take place in areas which will ultimately be connected to the IRIS system." (bold used for emphasis). **Infrastructure Policy 2:** "Full details of all interim drainage arrangements for development in areas awaiting connection to IRIS shall be submitted to and approved by the Department of Local Government and the Environment before development is commenced." (bold used for emphasis). The inferences that can be made from the above policies are that development can only take place in areas which ultimately will be connected to IRIS and that in the meantime, interim drainage arrangements must be approved by the Department of Local Government and the Environment (presumably in consultation with the Department of Transport Drainage Division). It is therefore judged that provision is made for developments such as this on land which the DOTDD has confirmed will ultimately be connected to IRIS. **ADDITIONAL REPORT FOLLOWING PLANNING COMMITTEE MEETING HELD 29th OCTOBER 2009** The Committee expressed concerns that, with the revision to the IRIS scheme and the timescale for the provision of a regional treatment plant being constructed and commissioned within Peel unknown, the sewage works could be in place for many years. The Committee resolved that the matter should be deferred and the Drainage Authority be invited to advise the Committee on its proposed timescale for the construction and commissioning of the IRIS regional treatment plant within Peel. It was also requested the Authority's assessment of the environmental impact on the surrounding area should also be sought. The Chairman directed that the application should be brought back to the meeting to be held on the 12th November 2009. The planning officer has consulted with the Environmental Protection Unit (EPU) of the Department of Local Government and the Environment in order to investigate further any issues that may arise as a result of the proposed temporary sewage treatment plant. Information received sets out the British Standard governing the distance of residential properties from sewage treatment plants is 25 metres. It was also ascertained that the proposed sewerage system is a recognised method of draining a site and that each component is enclosed reducing any odour or noise emissions from the plant. The system would be required to be licensed by EPU and Building Regulations which would require regular monitoring to take place. Verbal correspondence from the Drainage Authority has set out that it is likely that the time frame for IRIS being implemented in the West would be affected by recent economic events however it is not at present possible to confirm how the project would be affected. With regard to Condition 5 previously recommended to be attached to the approval, it is judged that this should be omitted as the deferral of the application pending a legal agreement relating to Affordable Housing being entered into by the applicant would be the mechanism by which such provision would be secured. 3 November 2009 The recommended Condition relating to the removal of the temporary sewage treatment plant has been amended to now include a time period for compliance. **Conclusions** The assessment of this application is finely balanced. The proposed development is considered to be substantially different to the previously refused application 06/01393/A by virtue of its scale which equates to approximately 10% of the units proposed by the refused scheme. The proposal should nonetheless be seen against the backdrop of further future development which has been clearly indicated by the applicant. The Department of Transport Drainage and Highway Divisions do not object to the application and it is judged that on the whole the design and layout of the development is acceptable. It is considered that the proposed development accords with the relevant policies set out within the Strategic Plan. With regard to concerns relating to the number of dwellings proposed, it is considered that at the scale proposed, the development would not represent a gross departure from the Department's most up to date housing figures. It is possible that due to the current economic downturn, the number of dwellings proposed by this application could fall within the 1000 target set out by the Strategic Plan. On the other hand, the development could contribute towards an over provision of 122 dwellings in the West. However it is not considered that this would have an impact on either the general distribution of houses across the Island or the area surrounding the application site so as to warrant the refusal of this application. It is important however to set out at this point that future applications should form part of an overall master plan and must demonstrate a development of lower density which respects the interface with the adjoining open space. Such applications will be assessed against the Strategic Plan and against the housing figures available at that time. The site is allocated for housing in the local plan. Given the scale of development there is little to justify that it would put an unacceptable pressure on existing services. There are no objections from any service providers. **RECOMMENDATION** It is recommended that this application be deferred pending the completion of a legal agreement which secures at least 25% of the dwellings as affordable units. On completion of a legal agreement, it is recommended that the application be approved subject to the conditions set out at the end of this report. This conclusion is reached having regard to previous concerns relating to the over provision of houses in the West, however this issue is a matter of fact and degree. At the scale proposed, it is considered that the development would not depart from the Department's aim to provide sufficient housing to such an extent to justify refusal. **PARTY STATUS** 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: - Peel Town Commissioners - The Department of Transport Highways Division - The Department of Transport Drainage Division - The owner/occupiers of Three Peaks, Poortown Road, Peel - The owner/occupier of 3 Clover Avenue, Reayrt Ny Keylley, Peel - The owner/occupier of Sea Peep, Poortown Road, Peel - The owners/occupiers of 5 Clover Avenue, Peel - The owners/occupiers of Sea Peep, Poortown Road, Peel Accordingly the following parties are not granted Interested Party Status: 3 November 2009 The owner/occupier of 8 Oak Road, Peel The owner/occupier of Seacliffe, Old Castletown Road, Ballaveare, Braddan The owner/occupier of 3 Elm Drive, Ballawattleworth, Peel The owner/occupier of 15 Close Quane, Peel The owner/occupier of Viewmount, Close Quane, Peel ## Recommendation Recommended Decision: Defer Legal Agreement Date of Recommendation: 28.09.2009 ### Conditions and Notes for Approval / Reasons and Notes for Refusal ### C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
0 : 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 the residential development of 43 dwellings, including roads, drainage infrastructure, and open space, Parts of Fields 315097, 311825 and 311826 Adjoining Reayrt Ny Keylley to the South of Derby Road/Poortown Road, Peel as shown by 2313/2/100, 2313/2/101, 2313/2/102, 2313/2/103, 2313/2/104, 2313/2/105, 2313/2/106, 2313/2/107, 2313/2/108, 2313/2/109, 2313/2/110, 2313/2/111, 2313/2/112, 2313/2/113, M125 Rev A, 2313/ADR/500, Treatment Works Details and Masterplan Document all received 24th March 2009. C 3. All planting, seeding or turfing comprised in the approved details of landscaping shown on approved drawing 2313/2/113 Landscaping Layout must be carried out in the first planting and seeding seasons following the completion of the development or the 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. C 4. Prior to the commencement of works there must be submitted to and approved by the Planning Authority a scheme of landscaping along the eastern boundary of the approved development. Such landscaping must be of a substantial nature so as to soften the edge of the development. All planting, seeding or turfing comprised in the approved details of landscaping shown on the approved drawing must be carried out in the first planting and seeding seasons following the completion of the development or the 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. C 5. Prior to the occupation of any dwellings, the road layout shown by approved drawing 2313/2/113, including parking areas, must be laid to at least base course level and the parking associated with the development must be available for use by occupiers of the dwellings. C 6. No development shall take place, until a Construction Method Statement has been submitted to, and approved in writing by, the Planning Authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: i) the parking of vehicles of site operatives and visitors; ii) loading and unloading of plant and materials; iii) storage of plant and materials used in constructing the development; iv) wheel washing facilities; and v) measures to control the emission of dust and dirt during construction. C 7. No connection from the temporary standalone treatment plant or proposed pumping station will be permitted to the existing public foul system until such time as: i) The IRIS regional treatment plant has been constructed and commissioned by the Drainage Division within Peel, and; ii) The necessary sewer upgrading works within the downstream foul sewer network have been undertaken. C 8. There must be no discharge of surface water to the main foul sewer. C 9. On completion of the approved development, the temporary access from Poortown Road must be closed off so as to match the roadside boundary either side of the access. C 10. Once connection from the temporary standalone treatment plant or proposed pumping station to the existing public foul system is complete and the necessary sewer upgrading works within the downstream foul sewer network have been undertaken, the temporary sewage treatment plant and all associated infrastructure must be de-commissioned and removed from the site within 3 months of connection to the public foul system being complete. 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 : Committee Meeting Date : $\qquad --- *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/62556-german-parts-of-fields-dwelling/documents/1372699*