**Document:** APL Planning Statement **Application:** 21/01262/B — Third phase of development consisting of 128 dwellings, a neighbourhood centre with children's nursery and local shop units, and public open space including a children's playground **Decision:** Permitted **Decision Date:** 2022-05-27 **Parish:** Malew **Document Type:** report / planning_statement **Source:** https://planningportal.im/a/8213-malew-formerly-432719-434974-third-phase-development/documents/942169 --- # APL Planning Statement ## Planning Statement Phase 3 of Residential Development with Neighbourhood Centre, Ballasalla Dandara Homes Limited Isle of Man Business Park, Cooil Road, Braddan, Isle of Man, IM2 2SA Contents -  Executive Summary -  The Site -  Planning History -  Planning Policy Context -  The Proposed Development -  Summary and Conclusions Appendices - 1. Approval notice for PA 19/00137/B - 2. Energy Impact Assessment/Statement - 3. APS Text and Development Brief relating to Site 3 - 4. Drainage Statement & Surface Water Calculations Executive Summary - 1. An area of approximately 22.8 hectares on the south eastern side of Ballasalla, between Douglas Road and Balthane Industrial Estate, is allocated for development – as “Site 3” – in the Area Plan for the South (APS). The APS includes a development brief which outlines the Department’s expectations regarding development of the site and it includes guidance in respect of land use, phasing and the provision of an Urban Primary Distributor Road – or by-pass – to run between Balthane Corner and Glashen Hill. - 2. Construction of the first two phases of development on Site 3 (approved under PA 19/00137/B) is currently ongoing and includes 282 dwellings, open space, drainage infrastructure, and a by-pass road which runs from a new roundabout at Douglas Road in the north to the rear of Railway Terrace in the south (with a new bridge to take it over the IoM Steam Railway line). - 3. This application seeks detailed approval for the third and final phase of development on the northern side of the by-pass road which will provide 128 dwellings (including affordable housing), open space, an adventure style children’s playground, and a neighbourhood centre with a children’s nursery and local shop units. - 4. The site of Phase 3 was included in the Environmental Impact Assessment (EIA) undertaken for PA 19/00137/B and conclusions in respect of certain key criteria, such as archaeology, remain valid. An EIA is not required for this Phase 3 application – the site is allocated for development and the proposal does not include a major new highway – but nonetheless a number of subjects covered in the EIA have been revisited and the application is accompanied by supporting information which includes a Transport Assessment (TA), a Preliminary Ecological Assessment Report (PEAR), an Arboricultural Impact Assessment (AIA), a Design and Access Statement (DAS) and this Planning Statement, which considers the proposal in the context of relevant planning policy and guidance (in particular that of the APS). The Planning Statement concludes that the proposal is in accordance with the provisions of the APS Development Brief for Site 3. - The Site - 5. The application site is located on the south eastern side of Ballasalla, immediately south/south east of the IoM Steam Railway line. It has an area of approximately 5.3 ha and is comprised predominantly of field 434091, along with parts of fields 432719, 434089 and 434090 and an unnumbered area to the rear of Railway Terrace. The site is relatively level and consists largely of grassland and scrub areas with hedgerows at field boundaries, some of which include trees. - 6. The IoM Steam Railway line runs alongside the northern site boundary, with a platform of Ballasalla station located towards the western end. Buildings on the opposite (northern) side of the railway track from the application site include offices adjacent to the railway station and residential property at The Paddocks (two storey dwellings) and Homefield Park (bungalows). A DoI sewage pumping station is adjacent to the north west corner of the site, with the rear gardens of Railway Terrace adjoining the western site boundary. The Ronaldsburn stream and a hedgerow run along the eastern site boundary, which is adjacent to the approved second phase of the overall development. The route of the approved by-pass road adjoins the southern site boundary, with the Balthane Park industrial area further to the south. Planning History - 7. The application site is within an area which is allocated for development as “Site 3” in the extant APS. Detailed planning approval has been granted under PA 19/00137/B1 for the first two phases of development within APS Site 3, which consists of 282 dwellings, open space, and drainage infrastructure on the northern and central parts of the site, and a by-pass road which runs from a new roundabout at Douglas Road in the north to the rear of Railway Terrace in the south. The intended third phase of development was identified in the Masterplan which accompanied PA 19/00137/B but it was not the subject of a detailed layout and forms no part of that planning approval. Planning approval has subsequently been granted for a number of relatively minor changes within Phases 1 & 2. - 1 Approval notice for PA 19/00137/B is attached at Appendix 1 - 8. Prior to the above planning approval in principle was refused for industrial development on land at Balthane (PA 97/00008/A) which included part of the Phase 3 application site, whilst approval was granted under PA 05/00949/B to change ground levels within the same area by depositing inert soil. Planning Policy Context - 9. The planning policy context for the application is set out in the Isle of Man Strategic Plan (IoMSP) and in the extant Area Plan for the South (APS). - 10. The Isle of Man Strategic Plan; the IoMSP was first adopted by the Department in June 2007 and approved by Tynwald the following month, and is intended to provide “the strategic and general policy framework within which provision will be made for development and conservation needs for the period 2001-2016”. Together with Area Plans the IoMSP forms a Development Plan as required by the 1999 Town and Country Planning Act. It is explained in the IoMSP that existing Local Plans will remain in effect until they are replaced by new Area Plans, and that the 1982 Development Plan, as amended by the various Local Plans, will have effect as an Area Plan. It is also made clear in the Plan that “in the case of any inconsistency between the provisions of the Strategic Plan and the provisions of an Area Plan, whichever came into force later will prevail”. The Isle of Man Strategic Plan 2016, which contains updated population statistics and housing policies for the period 2011 to 2026, was approved by Tynwald in March 2016. - 11. Amongst other things the Strategic Objectives of the Plan (pages 11-12) seek to promote efficiency and economy in the protection, use, and re-use of resources, and they indicate that most new development should be guided towards existing settlements in order to make “the optimum use of existing and planned infrastructure and services”. They also seek to protect, maintain and enhance the built and rural environment, to encourage high quality development throughout the Island, and to promote urban regeneration and the re-use of derelict and redundant sites. It is also stated that the Island’s economy should be enhanced by enabling improved employment opportunities, that sufficient land and property should be available for employment purposes, and that new development should - relate well to public transport facilities. The Plan also includes Strategic Objectives which state that the housing needs of the community should be met by the provision of sufficient housing of an acceptable standard and of an appropriate nature and in appropriate locations, and that high standards of residential amenity in new development and a physically safe environment will be promoted. - 12. The Strategic Policies which flow from these objectives (pages 14-19) emphasize the need to make the best use of resources by “optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials”, by “ensuring efficient use of sites, taking into account the needs for access, landscaping, open space, and amenity standards” and “being located so as to utilise existing and planned infrastructure, facilities and services”. New development will be located primarily within existing settlements or within sustainable urban extensions (as opposed to the countryside), and should be designed so as not to detract from the character of towns and villages. Development proposals must also protect or enhance, amongst other things, sites of archaeological interest and the landscape quality and nature conservation value of urban and rural areas. It must also not cause or lead to unacceptable environmental pollution or disturbance. New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island and in appropriate cases the Department will require planning applications to be supported by a design statement. Major employment-generating development should be located in existing centres on land which is zoned for such use, and such land will be retained for industrial, office or retail purposes unless those uses would be inappropriate or incompatible with adjoining uses. New development should be located and designed so as to promote a more integrated transport network, with the aim of minimising journeys, making best use of public transport, not adversely affecting highway safety and encouraging pedestrian movement. The Plan makes it clear that “the provision of an adequate supply of housing to meet the needs of the wider community is essential”, and that the housing needs of the Island will be met by making provision for the development of 5,100 additional dwellings over the Plan period. - 13. The IoMSP includes an Island Spatial Strategy (ISS, pages 20-29) which is intended to guide the physical development of the Island up to 2016. The Island is divided into North, South, East and West regions and the ISS seeks to “promote a balanced and equitable pattern of sustainable development across the Island”. It is estimated that in order to meet the housing needs of the Island over the plan period provision will have to be made for the development of 5,100 additional dwellings, and the Plan indicates that the Island’s southern region – which is comprised of Castletown, Port Erin, Port St Mary and the Parishes of Arbory, Malew and Rushen – will accommodate 1120 of those dwellings. The most recent Residential Land Availability report (Update 13, published November 2020) indicates that the number of units required to meet housing need in the south for the Plan period (2011-2026) currently stands at 250. Spatial Policy 3 (page 26) identifies Ballasalla as a Service Village, for which Area Plans will define development boundaries so as to maintain and where appropriate increase employment opportunities, and to provide housing to meet local needs and in appropriate cases broaden the choice of housing location. - 14. Chapter 6 of the Plan is entitled General Development Considerations, and it is made clear in the introduction that the Development Plan “will make positive landuse allocations and provision through its policies such as to meet the Island’s foreseen development needs for the period 2001-2016”. The Plan will therefore provide the basis upon which development control decisions are made during this period, with General Policy 1 (page 32) confirming that the determination of such shall have regard to the provisions of the Development Plan and all other material considerations. - 15. General Policy 2 of the Plan (pages 32-33) identifies broad standards of development to be taken into account if proposals are to be permitted, which include criteria in respect of building siting, layout, form and appearance, impact upon landscape or townscape, amenity standards for residents, highway safety and traffic flows, and parking space provision. Transport Policy 7 (page 101) requires parking provision in all new development to meet the Department’s standards, which is shown at Appendix 7 of the IoMSP (page 139) to be 2 spaces per unit for typical and terraced residential development. General Policy 3 (page - 33) indicates that development will not be permitted outside of areas which are zoned for development unless it accords with one of the listed exceptions. - 16. Environment Policy 1 (page 38) states that the countryside, which does not include land which is designated for future development on an Area Plan, will be protected for its own sake. Subsequent policies in respect of the Rural Environment seek to ensure that development will not have an adverse effect upon landscape character, woodland, areas of ecological interest, watercourses, the coastal environment, areas affected by erosion or flooding, or important agricultural land. It is made clear in the Plan that a new system of landscape classification will be introduced, and a report entitled “Isle of Man Landscape Character Assessment” was subsequently published by the Department in 2008. It is also stated that development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties by virtue of pollution, including noise or light pollution. Environment Policy 24 (page 51) states that in certain cases there will be a requirement for development which is likely to have a significant effect on the environment to be accompanied by an Environmental Impact Assessment, or by suitable supporting environmental information in all other cases. - 17. Policies in respect of the Built Environment provide guidance in respect of, amongst other things, Registered Buildings, Conservation Areas and archaeology. Environment Policy 40 (page 57) states that “development will not be permitted which would damage, disturb or detract from an important archaeological site or an Ancient Monument or the setting thereof”, whilst - Environment Policy 41 (page 57) indicates that the submission of archaeological evaluations will be required prior to the determination of proposals affecting sites of known or potential archaeological significance. It goes on to advise that, where necessary, excavation and/or recording of remains in advance of construction work will be secured by way of planning conditions or formal agreement. - Environment Policy 42 (page 58) requires new development in existing settlements to take account of the particular character and identity of buildings and landscape in the immediate locality. - 18. Housing Policy 1 (page 67) states that provision will be made for up to 5,100 additional dwellings over the period of the Plan, which will be subject to a “Plan, Monitor and Manage” approach by the Department. Housing Policy 2 (page 67) states that the Department will seek to ensure an adequate supply of housing land, and goes on to suggest that designated land which is not made available for development could be placed in a land-bank and alternative land allocated for development in its place. Housing Policy 3 (page 69) confirms the distribution of dwellings suggested by the ISS, and Housing Policy 4 (page 69) states that housing should primarily be located within existing settlements or within sustainable urban extensions. Housing Policy 5 (page 70) indicates that the Department, when granting planning permission on land which is zoned for residential development or in predominantly residential areas, will normally require that 25% of new dwellings on sites of 8 or more units will be affordable. The supporting text outlines the factors to which the Department will have regard when assessing the appropriate percentage in each instance. - 19. Business Policy 10 (page 85) states that retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas. The supporting text indicates that for the purposes of this policy new neighbourhood shops will not normally comprise more than 100sq metres of floor space measured externally. - 20. Recreation Policy 3 (page 91) states that, where appropriate, new development should incorporate landscaped amenity areas into the design and that new residential schemes of ten or more dwellings must make provision for recreation and amenity space in accordance with the standards specified at Appendix 6 of the Plan. The Plan makes it clear that the general standards of space provision set down for new residential development will be applied having regard to criteria such as the size, type and particular needs of the resident population, the needs of visitors to the area and the proximity and availability of existing Open Space, including the foreshore, public glens and parks. Recreation Policy 4 (page 91) states that open space should be provided on site or conveniently close to the associated development, whilst Recreation Policy 5 (page 91) highlights the role of Area Plans in the identification of opportunities to improve informal access to the countryside and access to the public footpath network. It goes on to state that - existing public rights of way should be retained and development which affects these will be permitted only if appropriate diversions can be provided. - 21. Appendix 6 of the Plan (pages 132-136) provides guidance in respect of open space requirements for new residential development, and confirms that the exact open space requirement will depend upon the individual circumstances and nature of each planning application. It goes on to differentiate between “open space” and “outdoor playing space”, confirming that the latter may include sports and recreation facilities that are designed to serve the needs of either the general public or the members of a private organisation. It may also include formal or informal areas which are designed for children’s play, but excludes areas such as woodlands and golf courses. The Plan sets the overall open space standard at 32 sq.m for each new resident, which is broken down further into 18 sq.m of formal space such as sports pitches, 6 sq.m of children’s play space and 8 sq.m of amenity space. It also sets the assumed occupancy levels for new dwellings, and explains that where possible open space should be provided in the first instance on-site or off-site where this would improve the quality of the development and the open space provided. Where these options are not practical then commuted sums will be considered. - 22. Section 10.6 of the Plan (page 92) provides guidance in respect of neighbourhood centres, and Community Policy 1 (page 93) states that “Where relevant and appropriate, there should be provided by the developer of new or expanded residential areas, community benefits in the form of neighbourhood centres”. - 23. Transport Policies 1 and 2 (pages 99 & 100) require new development to be located, where possible, close to existing public transport facilities and routes, including pedestrian, cycle and rail routes, and where appropriate to make provision for new routes including links into existing systems. Transport Policy 3 (page 100) states that development on or around existing and former rail routes should not compromise their attraction as a leisure facility or potential as public transport routes. Transport Policy 4 of the Plan (page 100) seeks to ensure that new and existing highways are capable of safely accommodating the vehicle and pedestrian journeys created by development, Transport Policy 7 refers to parking - standards (see above) whilst Transport Policy 8 (page 102) requires all applications for major development to be accompanied by a Transport Assessment. The Plan recognises that development will be required in areas not yet connected to IRIS, and that interim drainage measures such as individual treatment works may be appropriate. Infrastructure Policy 1 (page 105) states that development shall only take place in areas that will ultimately be connected to IRIS, whilst Infrastructure Policy 2 (page 105) states that interim drainage arrangements for development in areas awaiting connection to IRIS shall be submitted to and approved by the Department. Energy Policy 5 (page 113) requires proposals for more than 5 dwellings to be accompanied by an Energy Impact Assessment2. - 24. The Area Plan for the South; the Town and Country Planning (Area Plan for the South) Order 2012 was approved by Tynwald on 20th February, 2013 and came into operation on 1st March, 2013. As well as allocating specific uses to land in the South of the Island the APS provides Proposals and Recommendations which are intended to guide the development or protection of land and sites within the Plan area. Sites which are allocated in the APS for future development are referred to as “Proposal Sites”, and where appropriate they are the subject of a “Development Brief” which provides guidance on how a site should be developed and “an indication of the kind of development the Department would encourage and support”. - 25. The “Southern Identity and Spatial Vision” chapter of the APS provides a Spatial Vision for the South (page 14) which seeks to “provide for the needs of our communities” by “careful management” of growth and development and by preservation of natural, cultural and historic environments. It uses the Isle of Man Landscape Character Assessment Report 2008 as a basis for establishing a number of Landscape Strategies and Key Views for the South, placing Ballasalla within a “Type F” landscape which is characterized by “undulating lowland plain”. Town, Village and Parish Profiles are also provided within this chapter, with the supporting text for the Parish of Malew (page 27) suggesting that the identity of Ballasalla should be protected and enhanced by conserving the rural character of - 2 An Energy Impact Assessment/Statement is attached at Appendix 2 the adjacent landscape. The only Landscape Proposal with the potential to impact upon the application site is concerned with the design of new commercial buildings at Balthane (Landscape Proposal 19, page 27). - 26. The Residential Development chapter of the Plan refers to the Government’s commitment to “strive to provide sufficient and appropriate homes to meet the needs of the community”, and the clear need to provide more residential properties on the Island in order to respond to demographic changes and to provide for a range of house types and tenures. Accordingly the APS, having had regard to factors such as residential land availability, urban capacity and the need for affordable housing, concludes that it is necessary to identify further residential sites to meet the needs of the South (page 34). The Plan provides Development Briefs for sites which are proposed for residential development and identifies a number of “particular issues in the allocation of Residential land”, including affordable housing (page 35) and housing for an ageing population (page 38). - 27. It is also stated within the Residential Development chapter (page 39) that the number of units to be provided on individual Proposal Sites has not been specified within Development Briefs unless there is a valid planning reason for doing so. It goes on to state that SP1 of the IoMSP will be adhered to and to that end “the Department will ensure that a density level on the sites is realised which makes best use of the available land and seeks to optimise the number of dwellings on the site”, subject to material considerations. - 28. The application site in this instance is located within an area identified in the APS as Site 3. As well allocating proposed land uses to the areas within the site the APS provides explanatory text and a Development Brief (pages 47-49)3. The land uses identified in the Development brief (DB3) are predominantly residential, community facilities and public open space, certain types of employment uses, and an Urban Primary Distributor Road (the by-pass). - 29. Chapter 5 of the APS (The Natural Environment, the Built Environment and our Cultural and Historic Heritage) and the accompanying Constraints Map identify a number of constraints which development proposals should take into account. - 3 APS Text and Development Brief relating to Site 3 is attached at Appendix 3 The development brief for Site 3 indicates that the site has potential archaeological significance, and as such an archaeological survey of the whole site was undertaken for PA 19/00137/B and resultant excavation works and recording have been carried out in accordance with an approved methodology. The site is not subject to any of the other constraints identified in the APS which include, amongst other things, ASSIs, AEIs, Bird Areas and Ramsar Sites, areas subject to flooding or contamination, Conservation Areas, Ancient Monuments and hazardous sites. Environment Policy 2 of the Plan (page 69) seeks to protect the Glashen Stream (also known as the Ronaldsburn) from pollution. - 30. In the Employment, Retail and Tourism chapter of the Plan it is recommended that DoI, DED and Malew Parish Commissioners work collaboratively to produce a strategy for improvements at Balthane Industrial Estate (Employment Recommendation 1, page 77). - 31. Section 7.4 of the APS (page 88) is entitled “Changes to the Highway Network – the potential for new road building in Ballasalla”, and confirms that the Highway Division (DoI) has, for some time, identified the future need for an Urban Primary Distributor Road to by-pass Station Road and Douglas Road between Balthane Corner and Glashen Hill. It goes on to explain that whilst there is no current or short term justification for a by-pass on traffic grounds alone, the Department considers that the allocation of Site 3 can help to meet the development needs of the area and that “provision for the Ballasalla By-pass should be implemented within the land zoned for development at Site 3 and the remaining route which connects to Balthane corner safeguarded within this plan”. The Plan outlines the positive implications of creating a by-pass, and confirms that “the section of it which passes through Site 3 should be constructed when the site is developed”. - 32. Transport Proposal 1 (page 89) provides for the construction of the Ballasalla Bypass as part of the development of Site 3, and seeks to prevent development proposals which will prejudice that provision. The Plan goes on to outline the Department’s intention to produce a Planning Policy Statement (PPS) on “Development Contributions to the Ballasalla By-pass”, and also notes that the creation of a by-pass is likely to lead to opportunities for environmental improvements within the village centre. - 33. Recreation Recommendation 1 (page 94) suggests that the possibility of providing a Low Cost Activity Hall for community use should be considered when redevelopment work at Primary Schools is undertaken, including at Ballasalla Primary School. The Plan includes an Audit of Community Facilities (at Appendix 6, page 118); none of the Recreation or Community Facility proposals refer specifically to Ballasalla or Site 3. The Proposed Development - 34. The first two phases of development within APS Site 3 were approved under PA 19/00137/B and will provide 282 dwellings along with associated highway infrastructure – including a by-pass road to run between Glashen and the rear of Railway Terrace – drainage works, open space and landscaping. This new application seeks detailed planning permission for a third and final phase of development on the northern side of the by-pass road, consisting of 128 dwellings (including affordable housing) with associated highway and drainage infrastructure, a neighbourhood centre with a children’s nursery and local shop units, open space and an adventure style playground. - 35. The by-pass road approved under PA 19/00137/B is currently under construction and as such does not form part of this new application. Similarly, in accordance with the provisions of the APS a junction to link the by-pass to the existing highway network at Balthane Corner will be provided by DoI and therefore planning approval for that element of the by-pass is not sought by this application. It is intended that the land within APS Site 3 which is on the southern side of the by-pass will form an extension of the existing industrial area at Balthane Park and a separate planning application for such will be submitted in the future. - 36. Although detailed approval for Phase 3 of the development was not sought by PA 19/00137/B the land required for it was included in the Environmental Impact Assessment (EIA) undertaken for that application and conclusions in respect of certain key criteria, such as archaeology, remain valid. Under the provisions of the IoMSP an EIA is not required for the development of Phase 3 as now proposed – the site is allocated for development and the proposal does not - include a major new highway – but nonetheless a number of subjects covered in the EIA have been revisited and the application is accompanied by supporting information which includes a Transport Assessment, a Preliminary Ecological Assessment Report, an Arboricultural Impact Assessment Report, a Design and Access Statement and this Planning Statement, which considers the proposal in the context of relevant planning policy and guidance and in particular the Development Brief (DB3) of the APS. - 37. Area Plan for the South, Development Brief 3, Point 1 (DB3 1); the approved Master Plan indicates that APS Site 3 will be used for the purposes set down at DB3 1, with Predominantly Residential development taking place on the northern/western side of the new by-pass road (which includes the Phase 3 application site) and employment uses being located on the southern side where they will form an extension of the existing Balthane Park industrial area. The development of the Phase 3 application site with predominantly residential uses, community facilities and public open space is in accordance with the approved Master Plan and with the provisions of DB3 1. - 38. Consultation has taken place with Malew Parish Commissioners and local residents in respect of the proposed development of Phase 3, which has included extensive consideration of the type and extent of community facilities which might be suitable for this site and beneficial to the village as a whole. It is made clear in the IoMSP that neighbourhood centres within new or expanding residential areas can not only provide local facilities and services but may also serve as a focus for community life, and the centre as proposed in this instance can provide community benefit and help to meet those needs. The centre will contain a children’s nursery and small shop units which might accommodate a convenience store, a coffee shop or other small local services/businesses. The shops are designed to be flexible and may be divided into two or three units depending upon need. The adventure style playground proposed for the open space immediately to the east of the neighbourhood centre will further enhance the role of this part of the site as a focal point for the community. - 39. DB3 2; a Master Plan for all of APS Site 3 which addresses the matters outlined at DB3 2 has been approved as part of PA 19/00137/B. The development of - Phase 3 as now proposed is in accordance with the approved Master Plan and with the provisions of DB3 2. - 40. DB3 3; it is indicated on the approved Master Plan that land on the southern side of the by-pass road will form an extension of the existing industrial area at Balthane Park. DB3 3 suggests that development will not normally be permitted within 25m of the line of the by-pass, but that this may be amended once the detailed ground levels have been determined. This was the case with PA 12/00534/A, which sought approval in principle to create a builders yard on part of this land and which was approved subject to conditions. It should be noted that condition 5 of that approval did not seek to prevent development from taking place within 25m of the by-pass, it sought to restrict the erection of buildings within that area if they would be occupied for long periods of the day (e.g. offices) and went on to suggest that uses such as storage or parking would be acceptable on that part of the site. - 41. DB3 4; the approved Master Plan indicates how the provision of the by-pass road will be phased and this has been confirmed by conditions attached to the approval of PA 19/00137/B. The development of phase 3 as now proposed is not directly linked to the provision of the by-pass road, which is required by a condition of PA 19/00137/B to be provided up to the rear of Railway Terrace prior to the occupation of any dwelling in Phase 2. - 42. DB3 5; at para 4.28.1 of the APS it states that “the proposed Planning Policy Statement (PPS) on “Development Contributions to the Ballasalla By-pass” is intended to deal with the stretch of the Ballasalla By-pass road between the south western boundary of Site 3 and Balthane Corner. The PPS will identify the mechanism by which Government will use any monies accrued via the release of the Strategic Reserve sites, and any other additional sites, as well as any other monies which government is prepared to commit, to this section of the Ballasalla By-pass in the future.” The PPS will therefore relate to land and works which are outside of APS Site 3 and which do not form part of this application; whilst the Department is yet to publish its intended Planning Policy Statement it was not seen as a reason to withhold approval for PA 19/00137/B and that remains the case for this Phase 3 application. - 43. DB3 6; the route and design of the by-pass road between Glashen Hill and the rear of Railway Terrace has been approved under PA 19/00137/B and construction is currently progressing. As stated above, the development of Phase 3 as now proposed is not directly linked to the provision of the by-pass road, which is required by a condition of PA 19/00137/B to be provided up to the rear of Railway Terrace prior to the occupation of any dwelling in Phase 2. In accordance with the provisions of the APS a junction to link the by-pass to the existing highway network at Balthane Corner will be provided by DoI and therefore planning approval for that element of the by-pass is not sought by this application. - 44. DB3 7; a full archaeological evaluation of APS Site 3, including the Phase 3 application site, was carried out for PA 19/00137/B and the agreed subsequent investigative works, excavations and recording of findings has been undertaken by qualified archaeologists in consultation with Manx National Heritage. - 45. DB3 8; the Environmental Statement for PA 19/00137/B includes a drainage strategy for APS Site 3 which was the subject of consultation with the Drainage Authority. The detailed drainage proposals for the third phase of development, which are considered later in this Planning Statement, are in accordance with that strategy and follow the principles established for the earlier phases. A Drainage Statement & surface water calculations for the proposed development are appended to this Planning Statement4. - 46. DB3 9; the Glashen Stream passes through Homefield Park and under the railway line before running along the boundary of the Phase 3 site towards Balthane. The stream will be bridged over by new roadways – including the bypass road – where necessary but will otherwise remain open. Approval has been granted under PA 19/00137/B for part of the stream to be re-routed as it approaches the by-pass in order to remove an existing “dog leg” and allow better use of proposed POS. Construction will be carefully managed so as to prevent pollution of the stream from taking place. - 4 A Drainage Statement & Surface Water Calcs are attached at Appendix 4 - 47. Other matters; Affordable Housing; Housing Policy 5 of the IoMSP indicates that the Department, when granting planning permission on land which is zoned for residential development or in predominantly residential areas, will normally require that 25% of new dwellings on sites of 8 or more units will be affordable. The supporting text outlines the factors to which the Department will have regard when assessing the appropriate percentage in each instance, which includes the fact that the figure is a target over the Plan Period as a whole, evidence of local housing need, the nature of the land and the viability of the scheme, and the nature of existing adjacent housing. It is recognised in the Department’s Operational Policy on Section 13 Agreements that affordable housing may be provided on-site or off-site in the form of financial payment. - 48. Following consultation with Officers of DoI Housing Division it is in this instance proposed that 32 affordable dwellings will be provided on-site within Phase 3 of the development, which accords with the 25% referred to in HP5. The provision of affordable housing will form the subject of a Section 13 Legal Agreement between the applicant and relevant statutory bodies. - 49. Highway Matters; an updated Transport Assessment (TA) is submitted with the application, along with a Travel Plan and a Stage 1 Road Safety Audit. The TA shows that the application site is located close to existing public transport facilities and routes and is accessible to a wide catchment area of facilities/attractions that are accessible on foot and by bicycle. The application proposals therefore will encourage people to walk, cycle or use public transport in accordance with Transport Policies 1 and 2 of the Strategic Plan. It further concludes that vehicular and non-vehicular access to the application proposals accord with the policies of both the IoMSP and the APS, and that the trips which they are likely to generate can hence be accommodated on the local highway network without detriment to the safety or convenience of its users. - 50. Car Parking; in accordance with the parking standards of the IoMSP each dwelling will be provided with 2 external parking spaces, with 29 of those dwellings also having a garage. There will be a further 19 spaces provided for users of the neighbourhood centre. - 51. Residential Design; the scheme has been designed so as to take account of the provisions of General Policy 2 of the IoMSP, as well as having regard to the guidance provided by DEFA’s Residential Design Guide (RDG, July 2021). The Design and Access Statement (DAS) which accompanies the application helps to explain the process behind the final development proposal, and along with the Travel Plan and the Energy Impact Assessment/Statement it addresses matters raised in the RDG. - 52. Amongst other things the RDG provides guidance in respect of the efficient use of land, stating that “land is a finite resource and it is important to strike a balance between the need to make best use of land (i.e. by maximising densities, so that as many dwellings as possible can be provided on the least amount of land thus reducing the need to develop new areas) and the need to make sure that new developments are attractive and fit-for-purpose”. The RDG goes on to make “broad assumptions” in respect of typical densities for different locations and types of development, stressing that they should not be taken as targets and that density of development may be higher or lower as determined by the context of the site and/or the location. In this instance the proposed scheme has a net density of approximately 32 dph and has been designed to respect the amenity of new and existing local residents, for example by locating bungalows at the northern site boundary so as to match existing adjacent dwelling types at Homefield Park. - 53. Local Environment; the Environmental Impact Assessment undertaken for PA 19/00137/B included a PEAR and associated survey reports (in respect of hedgerows, bats, frogspawn and breeding birds) which assessed the whole of APS Site 3, including the area now proposed for Phase 3 of the development. These reports, along with an updated PEAR and an AIA have helped to inform the design process for the Phase 3 scheme, which proposes to retain good quality trees and hedgerows and to provide new planting to compensate for those to be removed. Approval has already been granted under PA 19/00137/B to provide extensive new hedging alongside the by-pass road, to plant a significant number of new trees within gardens, open spaces and along the by-pass  Net site of approximately 4ha excludes principal areas of POS embankment, and to create a surface water attenuation area which will be planted with wetland vegetation. - 54. Open Space; Recreation Policy 3 of the IoMSP states that “Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan.” Recreation Policy 4 of the IoMSP states that Open Space must be provided on site or conveniently close to the development which it is intended to serve, and should be easily accessible by foot and public transport. The Open Space standard of the IoMSP is 32 sq.m per new resident and is further broken down into 18 sq.m of formal space (e.g. sports pitches), 6 sq.m of children’s space (e.g. playgrounds and/or casual play space) and 8 sq.m of amenity space (e.g. landscaped recreation areas). This can be provided on site, off site but adjacent or close to the development, or in the form of a commuted sum to enable the Local Authority to provide the space elsewhere. It is also stated in the IoMSP that these general standards will be applied having regard to a number of circumstances, such as the type and needs of the resident population and the proximity and availability of existing Open Space, which may include public glens and parks and school fields which are available for public use outside school hours. - 55. The occupancy and open space requirements for all three phases of development are shown in table below. On site open space which is suitable for formal use has been approved in Phase 2 of the development, with a commuted sum and other works in lieu of additional formal open space also agreed between the developer and the local authority. The adventure style playground proposed for Phase 3 will be located in an area which has previously been approved as formal open space (in Phase 2) and this is reflected in the table. - 56. The open space to be provided within the 3 phases of development significantly exceeds the amount required by the provisions of the IoMSP. All three types of open space will be provided and will be offered to the relevant public authorities for adoption. ||MEASURED IN SQUARE METRES

|OCCUPANCY|FORMAL OS REQUIRED

|FORMAL OS PROVIDED

|CHILDREN’S OS REQUIRED|CHILDREN’S OS PROVIDED|AMENITY OS REQUIRED

|AMENITY OS PROVIDED

| |---|---|---|---|---|---|---|---| |Phases 1 & 2|775 persons|13,950|9610|4650|4808|6200|20,415| |Phase 3|296 persons|5328|-2520|1776|2556 + 2520|2368|8741| |Total|1071 persons|19,278|7090|6426|9884|8568|29,156| | |---| ||OPEN SPACE TOTALS (SQ.M)|REQUIRED|PROVIDED| |---|---|---| |PHASES 1 & 2|24,800|34,833| |PHASE 3|9472|11,297| |OVERALL DEVELOPMENT|34,272|46,130| | |---| Summary and Conclusion - 57. An area of approximately 22.8 hectares on the south eastern side of Ballasalla, between Douglas Road and Balthane Industrial Estate, is allocated for development – as “Site 3” – in the Area Plan for the South (APS). Construction of the first two phases of development on Site 3 (approved under PA 19/00137/B) is currently ongoing and includes 282 dwellings, open space, drainage infrastructure, and a by-pass road which runs from a new roundabout at Douglas Road in the north to the rear of Railway Terrace in the south (with a new bridge to take it over the IoM Steam Railway line). - 58. This application seeks detailed approval for the third and final phase of development on the northern side of the by-pass road which will provide 128 dwellings (including affordable housing), open space, an adventure style children’s playground, and a neighbourhood centre with a children’s nursery and local shop units. - 59. The site of Phase 3 was included in the Environmental Impact Assessment (EIA) undertaken for PA 19/00137/B and conclusions in respect of certain key criteria, such as archaeology, remain valid. A number of subjects covered in the EIA have been revisited and the application is accompanied by supporting information which includes a Transport Assessment (TA), a Preliminary Ecological Assessment Report (PEAR), an Arboricultural Impact Assessment (AIA), a Design and Access Statement (DAS) and this Planning Statement, which considers the proposal in the context of relevant planning policy and guidance (in particular that of the APS). - 60. The supporting information referred to above helps to demonstrate that the application is in accordance with relevant planning policy and guidance, including the provisions of the APS Development Brief for Site 3, and that as such there is no material reason why Planning Approval for the scheme as proposed should be withheld. --- *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/8213-malew-formerly-432719-434974-third-phase-development/documents/942169*