**Document:** Officer Report Recommendation
**Application:** 13/91289/B — Residential development of 144 dwellings with associated highway and drainage works, public open space and landscaping
**Decision:** Permitted
**Decision Date:** 2014-06-24
**Parish:** German
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/42693-german-fields-311826-311827-dwelling/documents/1559966

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# Officer Report Recommendation

5.24 Department of Environment, Food and Agriculture Inland Fisheries indicate that they do not oppose the development provided that there is no detrimental impact on the watercourse and in this respect the applicant has completed the form relating to Development within 9m of a watercourse. An officer had met with the applicant and amongst other things had discussed previous practices of pumping water from trenches and footings into the watercourse which was not considered acceptable. The applicant agreed that this would not happen and offered to build a bund back from the stream to prevent water being pumped into the stream and also to install one on the eastern side of the site. 5.25 The Highway and Traffic Division of Department of Infrastructure, which has been provided with the views submitted which raise issues with the highway elements of the scheme, recommend that the proposal proposes 144 dwellings accessing the public highway (Poortown Road) at the roundabout constructed under PA 10/00544 via the short stretch of road designed and constructed to distributor road standard under the same application, forming a third access onto the distribution road network, as required by Manx Roads. They recommend that the internal road layout complies with Manx Roads which they explain is Departmental policy although the car parking standards have been superseded by those set out in the Strategic Plan and they consider that the car parking provided complies with these requirements. They advise that if there is a requirement in the future, then the road through this development could be extended into the land to the east in the form of a distributor road as there is sufficient space to upgrade the proposed estate road to this standard. They recommend that in order to ensure that all traffic from the proposed development can access Poortown Road without having to travel through the adjacent approved estate, they recommend that a condition is imposed which requires that no dwelling shall be occupied until the road and footway between Poortown Road and that dwelling via the shortest route (ie to the east of 10, Lhoan Pibbin Vane and 2, Imman Stronnag both with the Reayrt ny Cronk development) is completed to base course level and the car parking for the dwelling is available for use. They clarify that In the case of roads finished with block paving the road should be completed to wearing course level.

## Assessment

6.1 The site is designated on the Peel Local Plan as Predominantly Residential. The application proposes a predominantly residential development with areas of landscaping and public amenity space and as such in principle complies with this designation. 6.2 The Strategic Plan was adopted after the Peel Local Plan and provides much greater detail in terms of policies which should be applied to new developments - for example the inclusion of a requirement for affordable housing and the standards to be applied to the provision of public open space within new residential developments. As such, it is important to consider the various parts of this later document which are applicable to this development, as indeed they have been applied to earlier phases of the development of this part of Peel. The Strategic Plan sets out the general distribution of housing throughout the Island and this indicates that the allocation for the west should be a further 1,000 units. The intention of this policy and particularly the figure of 1,000 houses has been queried and debated in previous phases of this part of Peel as well as a proposal for the residential development of land in Kirk Michael. In PA 10/00544 the inspector considering the application states, "Since I do not find the policy to be materially breached, the issue [of setting a precedent] does not arise. The growth of Peel, whilst numerically large, is a matter which was settled at the time of the Peel Local Plan, and there is no planning policy reason to limit the rate of growth at present" (paragraph 89). 6.3 The Inspector considering an application for 95 dwellings in Kirk Michael (PA 12/00573) addressed the same issue and states, "The latest figures show that although the number of Island-wide approvals remains below 6000, in the West 1,077 dwellings have already been

approved. I am not unduly concerned about this excedence. Firstly, the number of approvals does not necessarily equate to the number of dwellings that will actually materialise. Secondly, Housing Policy 3's figure of 1000 dwellings is part of an Island-wide distribution that is described in the preamble to the policy as "general". Finally, if the proposed 95 dwellings were to tip the scales over the 6000 or 1000 mark, there is nothing in the IoMSP that says the figures are to be treated as "ceilings", or that an excedence would be unacceptable. I am also of the view that Heritage Homes Ltd would not build the dwellings unless it was confident that people would want to buy them. The number of houses for sale elsewhere in Kirk Michael would no doubt be a factor that Heritage Homes Ltd would take into account. The prospect of a ghost" housing estate, or indeed a "ghost village", with large numbers of dwellings standing empty is, to my mind, unrealistic." (paragraphs 99 and 100).
6.4 Statistically, the figure given in the Strategic Plan for the West is 1,000 new dwellings. Of these, the most recent Residential Land Availability Report update indicates that 968 dwellings have been permitted, a further 96 have since been approved at Reayrt ny Cronk and a further 14 dwellings in Foxdale (PA 10/01558). The report indicates that there may be up to 56 dwellings by 2016 as a result of windfall provision. As such if this application were approved and all the windfall sites brought forward, the 1,000 figure would be exceeded by 278 dwellings. It is relevant that this site abuts the eastern edge of the development land (land designated for residential development) in Peel and is the last significant piece of land available for residential development in the town. There are other sites - for example to the rear of Brickfield and to the west of Ballaquane Road and there is other land which is designated for development outside Peel, for example opposite Springfield Terrace in Foxdale which could be brought forward if planning approval were granted (the current scheme for part of this last site has recently been refused for reasons relating to layout - PA 13/00054/B but would not indicate any over-riding reason why the site could not be developed for housing in some form). The land at Kirk Michael which was the subject of PA 12/00573 is still designated for development although there are fundamental problems in providing a suitable access. In total in the West there are a further 35 hectares which are designated for development but not yet the subject of a successful application in addition to the figures given above.
6.5 As such, considering the above previous decisions and the fact that the site is designated for development in the local plan, it is considered that the principle of development and the numbers proposed are not inconsistent with prevailing policy or previous decisions.
6.6 That is not to say that any residential development on this land should be considered to be acceptable. There are clearly standards of development which need to be satisfied, as set out in the Strategic Plan - notably that the development should fit in with its context and environment, it must be capable of being serviced satisfactorily in terms of infrastructure roads, drainage, amenities - and must satisfy the requirements for affordable housing and public open space.
6.7 The site is presently open agricultural land, albeit with a sewage treatment facility within it. There is residential development to the west and across the road there is built development apparent from the A1 Douglas Road in the form of the public house and shops beyond which is more housing. To the south are the school playing fields and to the east is open countryside. The site clearly marks the transition between the town and the countryside and the layout of the development must acknowledge this whilst still satisfying Strategic Policy 1. In this respect the density of development decreases towards the east and the form of development is mixed in that there isn't an unbroken line of housing running along the eastern boundary (as, for example there is at Erin Way in Port Erin). Whilst the provision of the public open space towards the eastern edge of the site may have assisted the visual breaking up of the built form at this point, this would make the open space further from the majority of the population of the estate and less supervised, reducing its attraction and

functional effectiveness. There is also an existing copse of trees half way down the eastern boundary which helps visually break up what could be viewed as a harsh edge to the development, particularly as viewed from the south. As such, it is considered that the layout of the development is acceptable in terms of its visual impact.
6.8 Whilst reference has been made in one of the objections to the application that there is no master plan, it is relevant that this request came from an officer's report rather than a decision and has not been required in any of the previous phases of the development of this larger area of land and in any case, as this is the last section of land designated for development in the town, it is difficult to see what a master plan would achieve, other than setting out the form of the development of the remainder of the designated land, which is effectively what this application seeks to do. The second part of the point made regarding this comment in the officer's report, that the density of development should reduce towards the edge of the designated area, is relevant and is addressed in the preceding paragraph. Of course density per se is a consideration, but should not override the actual perceivable impact of a development. In this case, the impact of reducing density is aimed at providing a softer edge with the countryside and not a harsh and abrupt junction between development which is characterised by the dominance of buildings. It is also important to consider where such an impact will be appreciated and in this case it will be from the Poortown Road and the Douglas Road. From the former the principal impact will be from the houses at the northern end of the site, which are all detached and become larger and more akin to the existing Ballawattleworth Cottage. Beyond that the housing will be partly screened by the roadside housing but what will be visible, due to the orientation of the housing, is lines of space running away from the viewer between the backs and fronts of the housing. Similarly from the south the mix of gables and fronts and rears of houses facing towards the south will provide a variety of building shapes and the staggered edge of built development at the east should avoid a harsh meeting of the town with the countryside, assisted by the copse. The impact will inevitably be one of a residential estate expanding out towards the countryside but this needs to be measured against the designation of the site for residential use and the Strategic Policy of optimising the use of the site.
6.9 The Strategic Plan requires that development is visually compatible with its context and in this respect, the form and appearance of the buildings themselves as well as the open space is an important consideration. The context of the site is very much a space surrounded on two sides by built development which is similar in style to what is proposed now and in this respect the development is considered acceptable.
6.10 The Strategic Plan requires the provision of affordable housing and Public Open Space. The Department of Social Care has recommended that the requirement for affordable housing can be met either by a legal agreement to provide the required type of housing on site, or by a commuted sum to provide the required housing elsewhere. Bearing in mind the availability of land elsewhere in the town to provide this, it is recommended that this provision should be made on site but the advice of DSC will be relevant in terms of the best way of the most appropriate provision of affordable housing in this case. The requirement for POS is more than satisfied in quantitative terms in respect of the children's play and the amenity open space. There is no formal open space provided, on the basis that the adjacent school sports fields provide this element of the requirement, an argument accepted in the previous approval of PA 10/00544. Peel has formal sports provision in the form of the fields at QEII Secondary School and Peel Clothworkers Primary School, facilities on Peel Promenade and at Peel AFC. Further recreational facilities are available in the form of Peel Golf Club and the indoor sports facilities at QEII and Peel AFC as well as on Peel Beach, Peel Headland and brooghs and Peel Hill although this type of recreational space is not usually included within calculations of formal open space, although "they may still make a valuable contribution to the total recreational provision of communities particularly those that are deficient in recreational space" (paragraph A.6.3 of the Strategic Plan). It is the case, however that these facilities are

available and made use of by many people in the town as a form of leisure and recreation, which is the purpose of providing formal open space rather than just considering sports pitches and playing fields which only attract certain types of activities. It is perhaps useful to consider the needs of the existing population of Peel - around 2,300 households which would result in an overall demand for around 9.6 ha of formal open space ( 18 sq m per person) (The household number is estimated from the 2011 census figure plus the 146 dwellings approved since then multiplied by the 2011 Census average household figure). The sports fields at the two schools, together with the facilities along Marine Parade and Peel AFC result in just over 8 ha and the golf course alone represents a further 20ha excluding the beach, headlands and Peel Hill. Whilst the latter is not laid out as formal recreation space, it has formerly accommodated a bowling green, putting green and miniature golf course (see Peel Local Plan), is in public ownership and could provide more organised formal open space if the local authority considered the town deficient in this respect.
6.11 In view of the above, it is not considered that the lack of formal public open space should be taken as a reason to refuse the application.
6.12 The development must not provide an unacceptable or unneighbourly impact on those around the site and in this respect it is important that the development does not adversely affect the amenities of those in Ballawattleworth Cottage, the approved development to the west or the function of the school to the south. The development should also not adversely affect the copse of trees to the east of the site boundary. There are no objections from anyone in respect of these impacts. Ballawattleworth Cottage sits closer to the road than will the proposed houses at the northern side of the site and sits slightly lower than they will. There is a boundary of vegetation surrounding Ballawattleworth Cottage which will provide continued privacy to the side and rear garden areas. The rear garden is 23 m long beyond which is the side of a proposed dwelling in which there are no side windows looking towards Ballawattleworth Cottage.
6.13 The proposed development is similar in many respects to the adjacent developing estate and as such, should sit comfortably alongside it. The relationship between existing/approved and proposed dwellings is mostly of side elevations facing sides or rears and where rear elevations look towards other rear elevations there is a minimum of 20 m separating the two which should preserve minimum standards of privacy and amenity. The sides of properties look towards the playing fields to minimise the impact thereon, despite this facing south and potentially providing most opportunity for view and sunlight for the proposed dwellings. This orientation will also influence the character of the estate as viewed from the south where rows of dwellings and built fabric will not be facing the viewer.
6.14 The copse of trees is not intended to be affected and the plans appear to illustrate that development will not be within the canopy spread of the trees although the canopy spread should be protected by fencing during the construction period to protect the roots: this should be required by condition.
6.15 The provision for access and parking is in accordance with previous phases and conforms with the requirements of the Strategic Plan in terms of the number of spaces. Whilst 6 m by 3.25 m spaces would be ideal in terms of providing circulation and access space to and from the vehicles, it has been accepted to have domestic spaces which are less generous than that - 5 m length which will accommodate a full sized vehicle but with less circulation and access space around it. Dwellings which do not have two off road parking spaces available to them where the spaces are 3.25 m by 6 m cannot enjoy the provisions of the PDO which allows for the conversion of attached or integral garaging to living accommodation (Class 26).
6.16 Whilst the proposed development is relatively large in scale, it is considered that as the land is designated for development on the extant Local Plan, and taking into account the

above considerations, it is considered that the proposal complies with the relevant policies and that it is acceptable for these reasons.

## Conditions

6.17 The power given to planning authorities to impose conditions on planning permissions is an extremely important part of the development management process and it is important, that development is the subject of proper and relevant controls in the form of planning conditions and as such, consideration should be given to these. 6.18 Guidance is provided in the UK as to the legal scope and nature of planning conditions. It is clear that planning authorities can use conditions to ameliorate adverse impacts from a proposed development. Planning authorities can impose conditions on planning permissions only where there is a clear land-use planning justification for doing so. Conditions should be used in a way that is clearly seen to be fair, reasonable and practicable. One key test of whether a particular condition is necessary is if planning permission would have to be refused if the condition were not imposed. Otherwise, such a condition would need special and precise justification. The still current English Circular 11/95 sets out six general tests of the vires of conditions, although in practice the tests may intermesh or overlap. These are:

### Need

6.19 Paragraph 15 states that a condition must be necessary in the sense that a development would have to be refused if it were not imposed or, if breached, there would be need to take enforcement action. It also advises at paragraph16 against duplication of requirements in conditions, and at paragraph 17 it is stated that conditions that are too wide-ranging will fail the test of need. Here, also it is stated that permissions should not be overloaded with conditions, and that rather than long citations of specific provisions it may be appropriate to refer to details being in accordance with approved plans.

### Relevance to planning

6.20 Paragraphs 20-22 aver that a condition that has no relevance to planning is ultra vires. Use to fulfil non-planning aims, such as housing policy, is cited as one aspect of lack of relevancy. The circular also advises against the use of conditions to achieve the purposes of separate systems of control, such as apply to advertisements, listed buildings or trees, or any other non-planning controls. In practice, the relevancy test may also be used in cases where although there is no alternative administrative means of achieving the desired end, this may be considered outside the ambit of normal planning concerns. Examples of appeal decisions that demonstrate in practical terms the relevancy to planning test include: 6.21 A condition required that no repairs, servicing or maintenance of taxis take place on the adjacent highway. An inspector ruled that a condition should not be imposed if it duplicates other controls. Evidence had been given by the County Engineer that other enactments prohibited the practice restricted by the condition.

Relevance to the development to be permitted
6.22 Paragraph 24 states that a condition must fairly or reasonably relate to the development to be permitted.

### Enforceability

6.23 Paragraph 26 states that a condition should not be imposed if it cannot be enforced.

### Precision

6.24 The test of precision has several aspects to it. First, a condition must be precise enough to ensure that its requirements are carried out. The circular, at paragraph 30, provides an

example where a condition requires a landscaping scheme to be submitted for the approval of a local authority, but does not require that it be carried out. This omission would make the condition very difficult to enforce. Second, a condition that requires specific works to be carried out should clearly state when this must be done. Unless this is the case, similar enforcement difficulties may occur. Third, a condition must be sufficiently precise for an applicant to be able to ascertain what must be done to comply with it. The paragraph concludes that the above warning is not to be confused with conditions that provide for the submission of a scheme for approval, which when granted provides the precise guidelines to be followed by the developer. Finally, at paragraph 33 advice is given that conditions should not only be precise, but clear. Use of a plan to supplement a condition is suggested in appropriate cases.

## Reasonableness

6.25 Paragraph 34 states that a condition is not reasonable if it is unduly restrictive. Paragraph 34 continues "Although a condition may in principle impose a continuing restriction on the use of land (provided that there are good planning reasons for that restriction, such a condition should not be imposed if the restriction) effectively nullifies the benefit of the permission. For example, it would normally be reasonable to restrict the hours during which a industrial use may be carried on if the use of the premises outside these hours would affect the amenities of the neighbourhood, but it would be unreasonable to do so to such an extent as to make it impossible for the occupier to run the business properly. If it appears that a permission could only be given subject to conditions that would be likely to be held unreasonable by the courts then it will be necessary to refuse permission altogether."

### Proposed conditions

6.26 As has been identified above, it is important to ensure that the development does not have an adverse impact on existing trees which are to be retained as part of the development and in this respect a condition should be attached as follows:

Prior to the commencement of any work on plots 26,33,34 and 43 or the roads or drainage associated with them, the canopy spread of the trees to the east of the site which are to be retained, must be adequately protected by the erection of stout protective fencing which must be retained for the duration of the construction and within which no material may be stored nor vehicles parked during the period of construction.
6.27 It is also important the infrastructure associated with the housing is put into place at the appropriate time and in this respect, the condition attached to PA 12/00914 should be reiterated here:

No dwelling shall be occupied until the estate road between the dwelling to be occupied and the new roundabout, including the footways, has been constructed to at least base course level.

However, bearing in mind the recommendation of The Highway and Traffic Division of Department of Infrastructure in respect of the need to ensure that the access to the newest roundabout is available to serve the houses in this development, it is recommended that the following condition is used instead:

No dwelling shall be occupied until the road and footway between Poortown Road and that dwelling via the shortest route (ie to the east of 10, Lhoan Pibbin Vane and 2, Imman Stronnag both with the Reayrt ny Cronk development) is completed to base course level and the car parking for the dwelling is available for use.

For clarity, in the case of roads finished with block paving the road should be completed to wearing course level.

6.28 It is important that any planting shown in the plans is implemented in a timely fashion and in this respect the following condition is recommended:

All planting, seeding or turfing comprised in the approved details of landscaping 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.
6.29 It is important that the Public Open Space proposed as part of the development is provided in a timely fashion and it is helpful that play equipment is indicated on the plans as being provided on one of the area of POS. This was dealt with in the previous scheme by way of a legal agreement although not required as a planning condition, despite being referred to be the inspector (paragraph 118). It is important though that the POS generally is laid out and available for use in a timely fashion and as such it is recommended that this is dealt with by way of a condition which requires details of the phasing, including the provision of POS is approved - see paragraph 6.35 below.
6.30 The previous approval was also subject to a condition which required the following:
iv) 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, and shall provide for:
i) the parking of vehicles of site operatives and visitors,
ii) the loading and unloading of plant and materials,
iii) storage of plant and materials used in constructing the development,
iv) wheel washing facilities,
v) measures to control the emission of dust and dirt during the construction,
vi) the fencing of the site,
vii) the establishment of a local liaison committee, and a protocol for receiving and answering representation from the public,
viii) the meeting of the local liaison committee, prior to the commencement of development and then at least once every 6 weeks and the publication of agendas and minutes.
6.31 It is relatively unusual for such a condition as worded to be attached to a condition - for example, developments of 155 dwellings at Port Erin, the development of Poylldooey in Ramsey did not result in such a condition being attached despite being sizeable developments which were adjacent to existing residential development. The development of land at Kirk Michael, PA 11/01250, which was refused but the subject of draft conditions by the reporting inspector was subject to a condition which read as follows:

Prior to the commencement of development, a Method Statement shall be submitted to and approved by the Planning Authority. This statement shall include: the phasing of the development; phasing of public availability of the public open spaces shown on drawing 2380.01.02D; phasing and siting of works compound (within the area defined for this purpose on Drawing 2380.01.01D) and details of phased restoration of that land to its previously existing condition including the restoration of Manx hedges; details of the relocation or replacement of existing play equipment; working methods and hours; future control of the gated access to Slieau Curn Park; and a statement of community involvement in its preparation. The development shall not be carried out other than in accordance with the approved Method Statement unless otherwise agreed in advance in writing by the Planning Authority.

6.32 This was modified in the following application, PA 12/00573, which was also refused but draft conditions were included by the inspector as follows:

Prior to the commencement of development, a Method Statement shall be submitted to and approved in writing by the Planning Authority. The statement shall include: the phasing of the development; the phasing of the provision of the public open spaces and school sports pitch shown on Drwg 2380.20.02; the phasing and siting of the construction compound and details of its fencing and phased restoration including the restoration of Manx hedges where necessary; details of the relocation of replacement of existing play equipment; and details of the future control of the gated access to Slieau Curn Park. The development shall be carried out in accordance with the approved Method Statement.
6.33 It is important that conditions do not replicate controls which are available through other legislation and in this respect some of the elements contained within the method statement required by PA 10/00544 would fall foul of that concern. The Highways Act 1986 (Isle of Man) includes the following provision:

40: Offences relating to highways: if any person without lawful authority
a) scrapes any highway
b)deposits anything on a highway so as to damage it or endanger any user of it
45. Removal of obstacles: 1) if any person without lawful authority...d) deposits or suffers to be deposited in a highway any materials or rubbish or anything causing or likely to cause an obstruction or nuisance or an injury, danger or interruption to any person using the highway shall be guilty of any offence.
2) If it appears to the Department that an offence has been committed under subsection (1) the Department a) may, by notice to the person responsible require the thing in question to be removed within such time, being not less than 3 days from the date of service of the notice as may be specified in the notice, or b) if it appears to the Department that the thing constitutes a danger to persons using the highway or if the person responsible cannot be found or fails to comply with a notice under paragraph (a) may itself remove the thing.
48. Prevention of soil etc being washed into highway

The Department may, by notice to the owner of occupier of any land, require him, within 14 days from the date of service of the notice, to execute such works as will prevent soil or refuse from that land from falling, or being washed or carried on to a highway or into any drain, sewer or gully in it in such quantities as to obstruct the highway or choke the drain, sewer or gully.

48A Mud on roads
(1) This section applies where vehicles are driven from any land onto a highway and deposit mud on the highway or any other highway in the vicinity so as to cause danger or inconvenience to vehicular traffic.
(2) The person responsible shall-
- (a) place at each end of any length of a highway affected a traffic sign giving adequate warning to traffic that there is or is likely to be mud on the highway, and maintain it there until paragraph (b) has been complied with; and
- (b) within a reasonable time after any mud has been deposited on the highway, take such steps as are reasonably practicable to remove the mud. (3) If the responsible person fails to comply with subsection 2(a) or (b) he shall be guilty of an offence.

(4) Without prejudice to subsection (3), where it appears to the Department that subsection (2)(b) has not been complied with, the Department may-
- (a) take such steps as are necessary to remove any mud on the highway and
- (b) recover from the responsible person the expenses reasonably incurred by it in so doing.

The Public Health Act 1990 considers an offence to include any smoke emitted in such quantity, or of such density or content, as to be a nuisance. This is administered by the local authorities.

Section 12 of this Act sets out noise abatement procedures specifically for building sites.
6.34 Policy and Rationale Relating to Highways, Transport, Drivers and Vehicles dated November 2013 and published by DoI includes the following:

MR1 Mud on roads
Mud on the road is mainly caused by heavier vehicles such as lorries and tractors leaving sites under development, quarries or agricultural fields; it occurs more frequently when the weather is wet. Mud is considered to be a danger to users of the highway because it may cause skidding and lead to accidents.
On receipt of a complaint, the Department will find out who is responsible for causing the mud on the road and will contact them. They will be advised to place a traffic sign at each end of the length of highway affected, warning traffic that there is mud on the road. These signs should stay in place until the mud has been cleared. They will also be instructed to make arrangements for the road to be cleaned and made safe and to put in place preventative measures to make sure no future instances arise.
If the responsible person fails to comply with the Department's instructions, under Section 48A of the Highways Act 1986 the Department will take such steps necessary to remove any mud on the highway and to recover from the responsible person reasonable costs.
6.35 As such, nothing which is already controlled under these provisions should attempt to be controlled through a planning condition. In this respect the previous controls of wheel washing facilities would fall under the remit of the Highways Act. Further controls of fires, debris netting on vehicles, dust emissions and hours of operation are already controlled by existing legislation. It could, however, be useful to require a method statement to demonstrate where construction related structures and activity will be together with the provision and availability of the open space along the lines of the previous condition applied to the development at Kirk Michael (PA 12/00573):

Prior to the commencement of any development on the site, a Method Statement shall be submitted to and approved in writing by the Planning Authority. The statement shall include: the phasing of the provision of the public open spaces shown in drawing 2460.01.02; the phasing and siting of any construction compound and details of any fencing; details of the provision of play equipment shown in drawing 2460.01.02. The development shall be carried out in accordance with the approved Method Statement.
6.36 The requirement for a community liaison committee and regular meetings is not something which is generally required by condition. It has been required in the case of the previous development of Reayrt ny Cronk and also in respect of the airport runway extension approved at the Isle of Man Airport. It is considered that this forming part of a condition is inappropriate as it is not readily enforceable and is not considered necessary as other controls are in place. If the local liaison group were to highlight an issue, it would be for negotiation or legislation to overcome the issue, not enforcement. An enforcement notice is not the appropriate means of dealing with immediate problems - for example dust - an enforcement notice takes 28 days to come into effect - and prosecution is wholly disproportionate to deal with the what could be considered standard impacts of construction projects.

## Party Status Recommendation

7.1 The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d.

7.2 The local authority, Peel Commissioners are, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.

7.2 The two private individuals who have written in are not immediately adjacent to the site and are not considered to be directly affected by the proposal and it is therefore recommended that they not be afforded party status in this case.

7.3 Departments of Education and Children, Social Care and Environment, Food and Agriculture are statutory authorities which raise material planning considerations and as such should be afforded party status under Article 6(4)(c) of the Town and Country Planning (Development Procedure) (No 2) Order 2013

*afforded party status by*

### Recommendation

**Recommended Decision:** Approve subject to Legal Agreement

**Date of Recommendation:** 11.02.2014

### 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

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 and associated landscaping and infrastructure shown in the following drawings:

2460.01.01 2460.01.02 2460.01.03 2460.02.01 2460.02.02

2460.02.03 2460.02.04 2460.02.05 2460.02.06 2460.02.07 2460.02.08 2460.02.09 2460.02.10 2460.02.11 2460.02.13 2460.02.14 2460.02.15 2460.02.16 2460.02.17 2460.02.18 2460.02.19 2460.02.20 2460.02.21 2460.02.22 2460.02.23 2460.02.24 Rev A 2460.02.25 Rev A and

ADR_500 all received on 31st October, 2013.

## C 3.

All planting, seeding or turfing comprised in the approved details of landscaping 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 any development on the site, a Method Statement shall be submitted to and approved in writing by the Planning Authority. The statement shall include: the phasing of the provision of the public open spaces shown in drawing 2460.01.02; the phasing and siting of any construction compound and details of any fencing; details of the provision of play equipment shown in drawing 2460.01.02. The development shall be carried out in accordance with the approved Method Statement.

C 5. Prior to the commencement of any work on plots 26,33,34 and 43 or the roads or drainage associated with them, the canopy spread of the trees to the east of the site which are to be retained, must be adequately protected by the erection of stout protective fencing which must be retained for the duration of the construction and within which no material may be stored nor vehicles parked during the period of construction.

C 6. All planting, seeding or turfing comprised in the approved details of landscaping 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 7. No dwelling shall be occupied until the estate road between the dwelling to be occupied and the new roundabout, including the footways, has been constructed to at least base course level.

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 : 17.3 .14

Signed :
Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

YES/NO

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*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/42693-german-fields-311826-311827-dwelling/documents/1559966*