**Document:** Officer Planning Report **Application:** 06/01371/B — Residential layout for 16 plots including 3 plots for affordable housing with associated roads and sewers **Decision:** Refused **Decision Date:** 2006-12-19 **Parish:** Patrick **Document Type:** report / officer_report **Source:** https://planningportal.im/a/81402-patrick-lily-bank-residential-layout-16/documents/1477547 --- # Officer Planning Report ## Report amended to represent the reasons for refusal agreed at Planning Committee meeting, 15/12/06 [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Planning Report And Recommendations ### Considerations ### Written Representations ### Consultations Consulttee: Patrick Commissioners Notes: No comment. Consulttee: Chief Fire Officer Notes: Consulttee: IOM Water Authority Notes: Consulttee: Drainage Division Notes: No objection in principle to the proposed development subject to the following conditions: The proposed development must be connected to the public foul sewer in a manner acceptable to the Department of Transport Drainage Division and on terms and conditions, which must be agreed with the Division prior to the commencement of any works. All drainage works must conform to the requirements of the Department of Transport's "Manx Sewers for Adoption" and all necessary inspections / surveys (including CCTV) are to be carried out at the developer's expense. ### Officer's Report #### The Site The application site relates to an area of land to the north of Springfield Terrace, Foxdale and adjacent to 1, Springfield Terrace to the east and Kionslieau Farm to the North East. To the West of the site are located residential properties and the Craft Centre. #### Planning Status 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 that accompanies the plan, Paragraph 3.50 of the statement 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. In addition to the policies contained within the adopted plan, the Tynwald resolution of 14th July 2005 in relation to Provision of Affordable Housing is considered applicable. The motion moved stated "That Tynwald, mindful of the difficulties facing first time buyers and conscious of the need to increase the supply of affordable housing, is of the opinion that, in granting planning permission on land zoned for residential development or in predominantly residential areas, the Department of Local Government and the Environment should normally require that 25% of provision should be made up of affordable housing in cases where the development proposal relate to 8 dwellings or more. #### Planning History The following previous application is considered relevant to this application: PA 05/01892 Application for plots, roads, and sewers forming new residential development comprising 22 units, Land Including Fields 334281 and 334282 Adjacent to Springfield Terrace, Foxdale. Refused initially 3rd March 2006, refused at Review 11th May 2006. Appeal request withdrawn by applicant. ### The Proposal The application seeks approval for the residential layout of 16 plots including 3 plots for affordable housing with associated roads, and sewers. ### Representations Patrick Parish Commissioners advise of no comment other than the Commissioners consider the application addresses the concerns that the Commissioners had in relation to the previous application. The Department of Transport Drainage Division advise of no objection subject to the imposition of conditions as do the Isle of Man Water Authority. The Department of Transport Highways Division object to the proposal on the grounds that the road layout does not comply with the guidance contained in Manx Roads in relation to Plots 6 to 12. Ms J Singleton of Thie-ny-Schooil, Mrs and Mrs Barker of Kionslieu Farm, Mr and Mrs Duffy of Rosehill Cottage, Ms L Allegro of The Old Vicarage, Dr Baillie-Searle of 2 Maguerite Place and Miss A H Taplin of Westlea, object to the development on varying grounds relating to the principle of development, the impact of the proposal on local wildlife, visual impact, loss of light and outlook and the proposals in relation to the mound. ### Assessment The application seeks detailed approval for plots, roads, and sewers, on land adjacent to Lilybank, Foxdale and follows PA 05/01892, where planning permission was refused for the development of the current application site, together with land including 'Lillybank'. That application was refused on the basis that the proposal would result in the loss of a historically important building, the visibility from the site was insufficient and the proposal failed to make provision for the sufficient landscaping. This application overcomes the previous refusal in relation to the demolition of Lilybank in that the building has been excluded from the application site. With regard to visibility and landscaping, access to the site is now proposed from a central point within the road frontage adjoining Springfield Terrace, and the Department of Transport Highway Division, whilst objecting to the development in relation to Plots 6 -12, does not raise an objection in relation to visibility. A plan has been submitted indicating the landscaping of the site, albeit incorporated in the Site Plan. This indicates existing trees to be retained together with proposed landscaping and trees and a new sod bank. It is not considered that the details submitted in relation to the landscaping adequately addressed the requirements of the Foxdale Local Plan in relation to Paragraph 3.50 (8), nor the previous reason for refusal in relation to this aspect, given that the proposal does not demonstrate how the impact of the development would be softened and how any new buildings would be integrated into the village. Paragraph 3.50 (2) of the Development Brief in relation to the application site refers to contamination on the site. It states that prior to commencement of works on the site, steps must be taken to ensure that the site is not contaminated and that "If tests reveal that contamination is present, as they have in the past on this site, then appropriate steps, as have been advised by the Environmental Health Inspectorate, must be taken either to remove the contaminated material or immobilise and isolate the contamination prior to the commencement..." Whilst the guidance advises that such works be carried out prior to commencement, it may be expected that reference be made to such investigations within the application, on the basis that should such contamination be found, the contaminants removal may well result in engineering operations on the site outside of the scope of the planning application. No reference is made within the planning application in relation to contamination or works to be undertaken to address possible contamination other than in relation to the reduction in height of the spoil mound on site, which states that the works will be carried out in accordance with the requirements of the DoLGE Chief Environmental Officers Requirements. With regard to the provision of affordable housing within the scheme, as previously stated, the Tynwald resolution of July 2005 stated that the Department of Local Government and the Environment should normally require that 25% of a housing development be made up of affordable housing. The word "normally" is noted, however, in the current application for 16 dwellings in total, this would equate to a provision of 4 dwellings to meet the requirement. The applicant proposes to provide 3 houses be made available to, meet this criteria. The applicant was advised of the shortfall and invited to respond with a justification to address the issue. In response, the applicants agent advised "...it was a conscious discussion to incorporate the first time buyer element at the entrance to the site and in assessing the proposal regard was given to the intent of the Tynwald Mandate seeking approximately 25% affordable housing, with the calculation based on the fact that there is 12 houses on the development for the developer and 25% of that being a further 3 properties giving a total of 15 [sic]" It is considered that the provision of 3 houses to meet the affordable housing requirement is insufficient and fails to meet the motion moved by Tynwald. The Department of Transport Highways Division object to the proposal on the grounds that the road layout in relation to Plots 6 – 12 does not comply with the guidance contained in Manx Roads, and that the road layout in relation to these plots would be more appropriately detailed as a Street, Urban Lane or Country Lane. In addition, whilst the Department of Transport Highways Division does not refer to the requirement contained within the Foxdale Plan to incorporate improvements to the A 24 along the frontage of the site, it is considered that the application fails to address this requirement in the submitted scheme. With regard to the Scheduled Ancient Monument of the site, the application proposes the removal of a section of the mound with the bottom 1/3 to remain, although no elevation drawings have been submitted to indicate the subsequent appearance of the mound. No comments have been submitted by Manx National Heritage, however, at the time of the previous application, it was indicated by MNH that the mound was not thought to be as described in the Foxdale Local Plan. Nevertheless, it is not considered that sufficient information has been submitted within the application in relation to the visual impact of the reduction in height, the method by which to treat any contamination found within the heap (should such contamination be present) and the subsequent use that the mound and area surrounding will be put to. ### Recommendation It is recommended that the application be refused. ### Party Status The Local Authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(c) and (d), considered "interested persons" and as such should be afforded party status. It is considered that all parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status. ### Suggested Conditions Whilst the application is recommended for refusal, should planning permission be granted, the following conditions are suggested: 1) The development hereby permitted shall commence before the expiration of four years from the date of this notice. 2) This approval relates to drawing numbers 1288/04/20; 21; 22; 23; 24; 25 and 26, submitted and date stamped 8th August 2006 as part of this application. 3) Prior to the commencement of the development, a detailed scheme must be submitted for consideration and approval by the Planning Authority, indicating the works to be carried out in relation to the spoil mound on site. In addition, such information must contain a full analysis of the soil, together with pipe specification for the proposed sewers. (Reason: to ensure that the soil conditions will not have an adverse effect on the long term performance of the proposed sewers) 4) There must be no discharge of surface water to the main foul sewer. 5) The proposed development must be connected to the main foul sewer. NOTE: A Drainage Connection Fee will be payable to the Drainage Authority on this development 6) Prior to the commencement of the development, the applicant must submit a complete set of drainage construction drawings for consideration and approval by the Planning Authority, following consultation with the Department of Transport Drainage Division. 7) The Manx Museum and National Trust must be informed of the date when building work is to commence and be given access at all reasonable times, and reasonable opportunity to inspect the site, observe all excavations and investigate any archaeological features exposed. ### Notes 1) For water connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, the applicant should contact the Isle of Man Water Authority Planning and Projects Section, telephone 695958. 2) If the developer requires that the proposed sewers and associated drainage works to be adopted, the Department of Transport Highways Division recommends that the developer enter into an adopted agreement with the Division prior to commencing works on site. 3) PRIOR to the commencement of any works, the developer must consult with the Fire Prevention Officer with regard to access for fire hydrants, and number and location of fire hydrants. ### Supplementary Report Additional information was submitted by the applicant to address issues raised in the above assessment. The comments in relation to the mound are noted and the report duly amended. It is not considered that the information is sufficient to overcome the previous recommendation. ### Recommendation Recommended Decision: Refused Date of Recommendation: 23.11.2006 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals R 1. The proposal fails to meet the requirements of the Tynwald resolution in relation to the provision of affordable dwellings within the development and is not considered to have provided sufficient justification to override the now established policy. R 2. It is considered that the proposal is contrary to the provisions of the adopted Foxdale Local Plan in that the development does not adequately address the treatment of the Scheduled Ancient Monument on the site in terms of visual impact nor possible contamination within and surrounding the mound and does not include details relating to the integration of the development within the village in terms of landscaping and visual impact. R 3. The road layout within the development, in relation to Plots 6 – 12 considered to be contrary to the guidance contained within Manx Roads Decision Made : ... Committee Meeting Date : ... --- *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/81402-patrick-lily-bank-residential-layout-16/documents/1477547*