7 December 2023 · Committee
19, Faragher Road, Reayrt Mie, Ballasalla, Isle Of Man, IM9 2bl
Permission was granted for the erection of 13 terraced and semi-detached dwellings at Faragher Road, Ballasalla, replacing 9 previously approved detached and semi-detached dwellings on the same plots. The proposal also included amendments to rear plot boundaries, an adjacent footpath, a bin collection point, and parking spaces for two neighbouring properties at numbers 40 and 41 Faragher Road. The site sits within the Reayrt Mie development, with the Isle of Man Steam Railway running in a shallow cutting along the northern boundary. The application was submitted by Dandara Homes Limited and had a planning history of four related prior applications. The officer recommended approval subject to an amendment to a previous legal agreement and 17 conditions. The committee agreed and formally permitted the development on 7 December 2023.
The Department of Environment, Food and Agriculture approved the application on 7 December 2023. The officer recommended approval subject to an amendment to a previous legal agreement and 17 conditions. The committee's decision matched that recommendation.
General Policy 2
considered pertinent in the assessment
General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Housing Policy 5
Housing Policy 5 which required 25% of affordable housing
Housing Policy 5: In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more. The term affordable housing is defined by the Department as housing which is either: directly provided by the Department; or directly provided by Local Authorities; or meets the criteria for the Department's House Purchase Assistance Scheme 2004 (and any successor schemes approved by Tynwald). 8.7 New Housing in Existing Settlements 8.7.1 Recent Local Plans and Area Plans have included development briefs guiding the design and layout of land which is zoned for residential use. Such briefs should not needlessly prescribe design, but should indicate site-specific constraints, the need for provision of public facilities or amenities (such as play areas, neighbourhood shops, or land for schooling, open space, or road improvements), and, if appropriate, the maximum or minimum density and the need for the inclusion of an element of affordable housing. Where these briefs state that an optimum density should be achieved this should not be used as an argument for higher density development which has an adverse effect on the residential amenity of adjoining properties or the character of the area.
Condition 1
1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
2. No works to the watercourse bank and channel shall take place outside the period July to September (inclusive).
Condition 3
3. Any works to the existing water course shall be undertaken in accordance with the written method statements and agreed in advance with the Inland Fisheries Section of the Fisheries Directorate, DEFA.
Condition 4
4. The existing trees shown as being retained on the approved drawings shall be retained and in the event that the retained tree becomes damaged or otherwise defective due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.
Condition 5
5. Within 3 months from the date of this decision, a plan showing ecological mitigation measures that can include bat and/or bird box being installed to properties or to landscaped areas to ensure long term nesting space and shall be implemented, retained, maintained and kept available for those specific uses.
Condition 6
6. Protective fencing shall be erected and maintained throughout the works, any fencing that becomes damaged must be replaced. All of the existing trees and hedges marked as being retained in the landscaping plan (Drawing No. 02.04 Rev G - approved by PA 22/00139/B), must be retained and protected from damage and disturbance throughout the works. Any changes must be submitted to Planning for written approval prior to any removal taking place. Any additional removal must be suitable compensated for by replacement native planting.
Condition 7
7. The phasing of the development must be carried out in accordance with the approved plans under 19/00137/B which show the construction of the phase 1 part of the new by-pass road including the new roundabout on the A5 to be commenced no later than the completion of the 75th dwelling within Phase 1 of the development hereby approved. No dwellings shall be constructed within Phase 2 of the development prior to the completion of the 90th dwelling in Phase 1 and until the by-pass road has been completed with a surface course up to the entrance of phase 2 as shown in the approved plans. No dwelling within Phase 2 shall be occupied until the by-pass road has been completed with a surface course up to the site boundary at the rear of Railway Terrace.
Condition 8
8. The planting proposals as detail on the Landscaping Plan drawing (phase 2) referenced 02.04-G - approved by PA 22/00139/B - shall be carried out in accordance with those details provided. Any planted trees that are removed, die or become, in the opinion of the Department, seriously damaged or defective within five years of planting shall be replaced with specimens of a similar size and species as originally required, unless the Department gives written consent to any variation.
Condition 9
9. All works on site shall be carried out in accordance with the previously approved construction method statement as approved under PA 19/00137/B Condition 4. This approved statement shall be adhered to throughout the construction period. The statement demonstrates the parking of vehicles of site operatives and visitors, routes for construction traffic, hours of operation, method of prevention of mud being carried onto highway, pedestrian and cyclist protection, proposed temporary traffic restrictions and arrangements for the turning of vehicles.
Condition 10
10. No part of the Phase 2 development hereby approved shall be occupied until the first 12 metres of the access on to the by-pass road, measured from the edge of the carriageway, has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.
Condition 11
11. No dwelling hereby approved shall be occupied unless the estate roads, including footpaths, cycle paths and turning spaces, have first been constructed so as to ensure that each dwelling has been provided with a properly consolidated and surfaced footpath and carriageway to at least base course level between the dwelling and existing highway.
Condition 12
12. No dwelling hereby approved shall be occupied until the access, turning area and parking spaces for the relevant occupied dwelling have been completed in accordance with the details shown on the approved plans. The areas shall be maintained for those purposes at all times thereafter.
Condition 13
13. No part of the development hereby approved shall be occupied unless the following measures for improving pedestrian use (approved under PA 19/00137/B) have first been constructed in accordance with the approved details: the existing footway on the southeast side of the A5 between the new access and the junction of Ballabridson Park and the section of Ballahick Lane between the A5 and the site are constructed in accordance with those approved details.
Condition 14
14. No part of the development hereby approved shall be occupied unless the flood attenuation area as approved under PA 19/00137/B has first been constructed in accordance with those submitted details as previously approved.
Condition 15
15. Any work including site clearance or soil stripping, shall be undertaken in accordance with the approved Precautionary Working Method Statement (PWMS) with Reasonable Avoidance Measures (RAMS) for lizards, frogs and breeding birds, as previously approved under Condition 15 of PA19/00137/B and undertaken in accordance with those details.
Condition 16
16. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012, no walling or fencing other than is shown on the approved plans may be erected on the following plots where the proposed walling or fencing would abut the railway line: Plots B29a, B29b, B29c, B30, B31, B32, B33a and B33b; and, Plot B43b.
Condition 17
17. Prior to the first occupation of the dwellings, hereby permitted, Solar PV panels shall be attached to the most favourably oriented roof-slope of each unit as shown on the approved drawings, with a minimum 4 No. PV panels per roof-slope. Thereafter, the Solar PV panels shall be retained and maintained for the life-time of the development.
Residential development comprised of 282 dwellings, associated highway and drainage infrastructure and public open space, and the construction of a new by-pass road between Douglas Road and the rear of Railway Terrace to include a new roundabout on Douglas Road and a bridge over the IOM Steam Railway line.
Erection of 107 dwellings (amendment to dwelling types approved under PA 19/00137/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
Minor changes application for PA 19/00137/B involving alterations, traffic calming features, new footpath link and pedestrian link
