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Applicant: Dandara Homes Limited Proposal Erection of 13 terraced & semi-detached dwellings on the site of 9 previously approved detached & semi-detached dwellings on no.s 19 to 23 & 30 to 33 Faragher Road, and amendments to rear plot boundaries and adjacent footpath, bin collection point & parking spaces for no.s 40 & 41 Faragher Road Site Address 19 To 23 & 30 To 33 And 40 & 41 Faragher Road Phase 2 Reayrt Mie Ballasalla IM9 2BL Case Officer : Mr Hamish Laird Photo Taken: 01.06.2023 Site Visit: 01.06.2023 Expected Decision Level Planning Committee Recommended Decision: Approve subject to Legal Agreement Date of Recommendation 13.07.2023
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Reason: To avoid disturbance or injury to spawning fish, or to the spawn and fry of fish, during the season in which they are most at risk.
Reason: to allow DEFA Fisheries to provide advice on a suitable approach to construction, in order to reduce the possibility of injury or disturbance of fish within the river.
outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.
Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.
Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs as the landscaping of the site is an integral part of the scheme and must be implemented as approved.
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.
Reason: In pursuit of sustainable transport objectives
Reason: to ensure that the facility is maintained to accommodate water from the proposed development.
Reason: to ensure that the development has an acceptable visual impact on the surrounding area.
N 1. The applicant is advised to contact Fisheries (tel. 685857, or email [email protected]) to discuss method statements and arrange further advisory site visits as development continues especially before the water course is altered, should the proposal be granted planning approval. As detailed on the attached information sheet, DEFA does not charge for an initial site visit or review of method statement but there is a charge for relocating fish prior to river works. This is likely to be deemed necessary due to the nature of the proposed works on a section of stream, which Fisheries assessment confirm may contain fish, including eels.
This application has been recommended for approval for the following reason. It is considered the proposal would not have any significant adverse impacts upon public or private amenities and would therefore comply with Strategic Policy 1,2,3,4,5,10,11, Spatial Policy 3&5, General Policy 2, Environment Policy 4 & 42; Housing Policy 1,2,3,4,5; Transport Policy 1,2,3, 4, 6, & 7; Infrastructure Policy 1,2 and Energy Policy 5 of the IOM Strategic Plan 2016, and the Residential Design Guide 2021. It is recommended that the planning application be approved for the reasons given and subject to an amendment to the previous Section 13 Legal Agreement and the conditions listed.
Plans/Drawings/Information; The development shall be carried out in accordance with the approved documents and drawings: Drawing No. 01 Rev. A - Phase 2 Site, Location, & Landscaping Plan;
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions these do relate to planning considerations:
Flood Management Division (DOI) ________________________________________________________________
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE BECAUSE A SECTION 13 LEGAL AGREEMENT (DEED OF VARIATION) IS REQUIRED
1.0 THE SITE - 1.1 The application relates to the second phase of a three part development for the provision of residential accommodation and a link (Ballasalla) Bypass from Balthane Corner to Glashen Hill in Ballasalla.
1.2 This application was previously considered by the Planning Committee under:
Ref: 19/00137/B - 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; and,
22/00139/B - Erection of 107 dwellings (amendment to dwelling types approved under PA 19/00137/B) (see 4.0 planning history) and approved with a number of conditions and subject to a legal agreement for 282 dwellings (phase 1 and 2)
1.3 Part of the 2019 approval has been implemented (phase 1) to the north of the railway line has been built with many of the dwelling houses sold and now occupied. Also built is the road network and part of the bypass is already under construction and the bridge over the Steam railway underway and functioning. The housing for Phase 2 has not started but the infrastructure for the bypass and engineering works has begun on site. - 1.4 The Isle of Man Steam Railway runs in a shallow cutting along the northern site boundary. In addition, residential development, with some forming part of Phase 1 and more established dwellings located in Ballabridson lie on the northern side of the railway.
2.0 THE PROPOSAL - 2.1 This application seeks permission to alter the house types on certain plots within the area defined as phase 2, "Reayrt Mie", essentially to provide an updated house designs to reflect current demand and availability of building materials. In so doing, it involves the erection of 13 terraced & semi-detached dwellings on the site of 9 previously approved detached & semi-detached dwellings on Plot no.s. 19 to 23 & 30 to 33 Faragher Road, and also proposes amendments to rear plot boundaries and adjacent footpath, bin collection point & parking spaces for Plot no.s 40 & 41 Faragher Road. - 2.2 In a covering letter accompanying the application, the applicant advises:
"Phase 2 of the residential development at Reayrt Mie, Ballasalla, was initially approved under PA 19/00137/B and amended under PA 22/00139/B, with 5 no. 4-bed detached dwellings approved on plots B29 to B33 (now no.s 19 to 23 Faragher Road).
It is also proposed to erect a terrace of 5 dwellings on the site of no.s 30 to 33 Faragher Road, replacing the previously approved 2 pairs of semi-detached dwellings. Minor amendments are also proposed for the area to the rear of no.s 40 & 41 Faragher Road, resulting in changes to the rear plot boundaries and the adjacent footpath, bin collection area and 2 no. parking spaces. The dwelling types now proposed will be finished in similar materials to those previously approved and will not result in adverse change to the street scene or to the character of the development overall. Each dwelling will be provided with 2 off-street parking spaces, and 3 of the dwellings will also have garages. A revised affordable housing contribution will be agreed with the Department and DoI Housing Division."
The proposed house types are all on previously approved 'plots' (2019 approval) and there are no proposed alterations to the infrastructure or landscaping over what was previously approved.
2.3 This proposal would be in 2 parts. First, the 8 proposed dwellings on the site of the previously approved 5 detached dwellings at Plot Nos. B29, B30, B31, B32 and B33, would now become B29a, B29b, B29c, B30, B31, B32, B33a and B33b and would comprise the Ash3 House Type with Ash 3G - (G-denotes Garage) on plots B29a, B30 and B33b. They would face onto a new road within the development, whilst their rear aspects would face north backing onto the Isle of Man Steam Railway which runs adjacent to the sites northern boundary. This boundary is marked by hedging. - 2.4 Second, the 4 No. Ash type, semi-detached dwellings proposed for Plots B40, B41, B42 and B43, would be substituted by 'Birch' type dwellings in a terrace of 5 units. These would be Plot B40 = Birch 3; B41 = Birch 2; B42 = Birch 2; B43a = Birch 2; and, Plot B43b would be a Birch 3 dwelling. The differences between the dwellings are: Birch 2 has 2-beds, whilst Birch 3 has 3-beds. - 2.5 The final element of these proposals would be the substitution of the 2 No. car parking spaces for the Plot B51 dwelling, located to the rear of the dwelling being used instead as a Bin Store/collection point of the B44 - B51 dwellings which would be accessible from the rear pedestrian passageway serving the se dwellings, whilst the car parking spaces for B51 would be located to the south-west on the other side of the turning head in this head of cul-de-sac location.
3.0 PLANNING POLICY The land is designated as Proposed Residential, Industrial, Public Open Space, Community facility on Map 4 (Ballasalla) of the Area Plan for the South. The land is also linked to the Written Statement with Notation No.3. The application site is not within a Conservation area, or within an identified area as being at flood risk.
3.1 A previously prepared Development Brief (see PA19/00137/B) for this section of land at para 4.29, identifies the possible uses of the land and that considerations should be given to the Ballasalla bypass route to the corner of Balthane, the junction details, potential site of archaeological significance, drainage masterplan, and protection to prevent any contamination of the Glashen Stream. - 3.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application: Strategic Policy
Spatial Policy
Environment Policy
Business Policy 10 Retails in designated areas
Recreational Policy
6 Equal weight for vehicles and pedestrians 7 Parking Provisions
Infrastructure Policy 1 Development and Connectivity to IRIS 2 Details of connectivity to IRIS
Energy Policy
3.4 Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction. - 4.0 PLANNING HISTORY
4.1 19/00137/B - 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. Fields 434764, 434116, 432719, 432607, 432608, 434113, 434114, 434115, 434089, 434090, And 434091 Douglas Road Ballasalla. APPROVED subject to a S.13 legal agreement with 19 Conditions by Planning Committee on 15/07/2019. Most of these conditions relate to the bypass and phase 1 of the development and highways infrastructure. Approved
4.2 22/00139/B - Erection of 107 dwellings (amendment to dwelling types approved under PA 19/00137/B) (see 4.0 planning history) and approved with a number of conditions and subject to a legal agreement for 282 dwellings (phase 1 and 2) - 4.3 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 - Field 434091 & Parts Of Fields 435106 (formerly 432719), 434974 (formerly
434089) And 434090 Adjacent To Railway Terrace, Ballasalla. APPROVED subject to a legal agreement with 14 conditions. Approved
4.4 20/00124/MCH - Minor changes application for PA 19/00137/B involving alterations, traffic calming features, new footpath link and pedestrian link. Field 434764, Douglas Road Ballasalla. Approved.
5.0 REPRESENTATIONS (in brief - full reps can be read online)
5.1 Malew Commissioners (3/5/23) raises 'no objections'.
5.2 DoI - Highways (5/3/23) as amended - comments - "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised to install secure and enclosed cycle parking storage, and an electric vehicle charging point to aid Active Travel and net zero objectives. Additionally, for the Applicant to liaise with DOI Highway Asset Teams to amend the s4 highway adoption to reflect the revised layout, and the position of access points, paths etc." - 5.3 DoI - Flood Risk (26/5/23) No Objection. - 5.4 There has been no other comments received from interested parties or stakeholders.
6.1 The proposal is relatively straight forward and has come about to reflect market demand for housing types, that would see a smaller different style of property on the same plots as previously approved. The overall design, appearance and character would be reflective of what is already approved and used in the phase 1 and 3 of the proposal and the choice of materials would be reflective of this also.
6.2 On balance the principle of the proposal would be acceptable, with a neutral impact upon the visual amenity within the streetscene and would not be considered to have any detrimental impact upon any of the neighbour's amenity. Likewise, there are no outstanding issues raised with any drainage, flooding or highway safety. This proposal would not alter the affordable housing provision or open space requirement already approved.
Affordable Housing
6.4 The overall increase is for four houses house (B29b, B29c, B33b and B43b) above what was previously approved. This would alter the overall provision of houses and the requirement for affordable housing under HP5. The previously accepted S.13 was slightly updated to ensure that the previously accepted affordable housing of 20 dwellings on site with a commuted sum of £23,500 per unit paid in lieu of the remaining 50.5 units and £11,750.00 for half a unit of affordable housing, was secured.. - 6.5 In addition to the above, this application is proposing 4 additional housing units as well as a change of house types. This application would be giving a fresh approval for these parts of the site. Therefore a Deed of variation of the original Section 13 Legal Agreement needs to be undertaken.
6.6 With regard to the affordable housing and the increase of four additional dwellings on site, this can be addressed through a Deed of Variation / an amendment to the S.13 legal agreement from the 2019 (original) application. Essentially based on that signed agreement, a commuted sum could be payable and would be compliant with Housing Policy 5 which required 25% of affordable housing. - 6.7 The previously accepted S.13 provided affordable housing of 20 dwellings on site with a commuted sum of £23,500 per unit to be paid in lieu of the remaining 50.5 units and £11,750.00 for half a unit, of affordable housing. In this instance a commuted sum of £23,500.00 (reflective of ¼ or 25% of the total number of new dwellings) would be payable and would be acceptable, in this instance, to the Public Estates & Housing Division. - 6.8 With regard to conditions and transfer of those from the former application, the previous 2019 application discharged those onerous conditions that required further information, namely; 3,4,12,13,14,15,16,17,18. The remaining conditions;
7.1 The application site is identified for development and the proposal is judged to comply with the site allocation and site brief referenced; No.3 (see para previously prepared Development Brief (see PA19/00137/B) for this section of land at para 4.29).
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : …Permitted……….... Committee Meeting Date:…24.07.2023
Signed :………H LAIRD …………………………….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
PA No 23/00451/B Applicant Dandara Homes Limited Proposal Erection of 13 terraced & semi-detached dwellings on the site of 9 previously approved detached & semi-detached dwellings on no.s 19 to 23 & 30 to 33 Faragher Road, and amendments to rear plot boundaries and adjacent footpath, bin collection point & parking spaces for no.s 40 & 41 Faragher Road
Site Address 19 To 23 & 30 To 33 And 40 & 41 Faragher Road Phase 2 Reayrt Mie Ballasalla IM9 2BL Planning Officer Mr Hamish Laird Presenting Officer As above - Addendum to the Officer Report
C.17 Prior to the first occupation of the dwellings, hereby permitted, Solar PV Panels shall be attached to the most favourable 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 lifetime of the development.
Reason: To ensure that the development minimises its impact on climate change by utilising renewable energy in accordance with the provisions of Policy GP2 n) of the Adopted Isle of Man Strategic development Plan (2016).
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