DEC Officer Report

Application No.: 23/00462/B Applicant: Dandara Homes Limited Proposal: Alterations to layout of footpaths, car parking area and plot boundaries Site Address: Land Adjacent To Plots C74-C75 Crellin Close & C87-C91 Shimmin Road Reayrt Mie Phase 3 Ballasalla Isle Of Man IM9 2BR Planning Officer: Mr Hamish Laird Photo Taken: 01.06.2023 Site Visit: 01.06.2023 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 17.07.2023

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

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.

• C 2. The estate roads, including footpaths, cycle paths and turning spaces, shall be constructed so as to ensure that, before it is occupied, 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. Reason: To ensure that the development is served by an adequate means of access.
• C 3. No part of the development 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. Reason: In the interests of highway safety.
• C 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.

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.

• C 5. All paths and cycleways shall be fully surfaced in accordance with the phasing plan to be submitted and approved prior to commencement and retained thereafter. Reason: In the interest of Highway Safety and provide cycle access within the site.
• C 6. All tree planting shall be carried out in accordance with the approved details, submitted in support of the application. The planting shall be carried out in the first planting and seeding season following the completion or occupation of any part of the development (whichever is the sooner,) or otherwise in accordance with a programme to be agreed. Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced as is reasonably practicable or in the next planting season with others of similar size, species and number as originally approved, unless the Department gives written consent to any variation.

Reason: to ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs

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 subject 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 - Site, Location, & Landscaping Plan; all received and date stamped 17 April, 2023. _______________________________________________________________

Interested Person Status – Additional Persons

None. _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site comprises part of Phase 3 of the residential development at Reayrt Mie, Ballasalla, which was initially approved under PA 21/01262/B and subsequently amended under PA 22/01438/MCH. The site are is located on the SE side of Ballasalla village, and to the SE of the Douglas - Port St Mary Railway line.

2.0 THE PROPOSAL - 2.1 This application proposes minor alterations to the layout of footpaths and a car parking area which the applicant advises will make them more efficient and convenient to use, and which will also increase the separation between hard surfaced areas and the adjacent watercourse. The plot boundaries of adjacent dwellings would be adjusted to reflect the layout changes. This follows on from the approval of the 21/01262/B application for the Third phase of development for 128 dwellings, a neighbourhood centre with children's nursery and local shop units, and public open space including a children's playground, which was approved on 27/5/22 subject to 14 conditions. (See Site History at Section 4.00 below)

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

• 1 Efficient use of land and resources
• 2 Priority for new development to identified towns and villages
• 3 To respect the character of our towns and villages
• 4 Protection of built heritage and landscape conservation
• 5 Design and visual impact

• 10 Sustainable transport
• 11 Housing Needs

Spatial Policy

• 3 Identifies those Service Villages 5 Building in defined settlements or GP3

General Policy 2 General Development Considerations

Environment Policy

• 4 Wildlife and Nature Conservation 42 Respect the local character and identity Housing Policy

• 1 General need for additional housing from 2011 -2026
• 2 Supply of designated housing land available
• 3 Defined housing provision per area
• 4 Location of new housing and exceptions
• 5 Provisions for 25% affordable Housing

Business Policy 10 Retails in designated areas

Recreational Policy

• 3 Requirement for Landscaped amenity areas
• 4 Requirement for Public open space
• 5 Links to the countryside Community Policy

• 1 Community provisions and neighbourhood centres
• 2 Accessibility of community facilities 10 Fire Fighting provisions Transport Policy

• 1 proximity to existing public transportation services
• 2 layouts to link to existing systems
• 3 No impact or compromise upon existing rail routes
• 4 Highway Safety

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

• 5 Energy Efficiency

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 27/5/22. - 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 - "23/00462/B - 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 liaise with DOI Highway Asset Teams to amend the s4 highway adoption where necessary to reflect the revised layout, and the position of access points, paths etc." - 5.3 DEFA - Fisheries - (9/5/23) comments: "I can confirm that DEFA, fisheries have no objections to this development from a fisheries perspective." - 5.4 DoI - Highways Drainage (23/6/23) - Highways Drainage Comments: "Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. Recommendation: Please be aware off and demonstrate compliance with the clauses above." - 5.5 No other comments have been received from interested parties or stakeholders.

- 6.0 ASSESSMENT

6.1 The proposal is relatively straight forward and involves minor details alterations to the layout of footpaths and a car parking area layout in the vicinity of dwellings proposed to be erected on Plots C74-C75 Crellin Close & C87-C91 Shimmin Road, at Reayrt Mie Phase 3. The principle of development has previously been established with the approval of application Ref: 21/01262/B for the 107 dwellings forming Phase 3; and, the revisions to the approved layout are:

• o Plot boundaries at Plots C74-C75 Crellin Close would be reduced in depth by approx. 1.0m on their NE side;
• o Car parking spaces serving the C87, C88, C89 and C90 dwellings moved by approx. 1.0m to the SE;
• o On plot footway from road to front of the Plot C90 dwelling altered to be on plot as
• opposed to partly on footpath link to side of the dwelling linking the road to the parking area at the rear. o Depth of parking court serving the for the C87, C88, C89 and C90 Crellin Close; and, C87-C91 Shimmin Road, reduced in depth by approx. 2.0m to allow for wider grassed landscaping strip.

6.2 The overall design, appearance and character of the footpath and parking layout amongst these proposed dwellings and the revised landscaping details would be reflective of what is already approved and used in phase 3 of the proposal and the choice of materials would be as previously approved. - 6.3 On balance the principle of the proposal would be acceptable, with a neutral impact upon the visual amenity within the streetscene and is not be considered to have any detrimental impact upon any of the neighbour's residential amenities or the amenities of future occupants of these dwellings. 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. - 6.4 With regard to conditions and transfer of those from the former application, the previous 2021 application discharged those onerous conditions that required further information, (see file Ref: 21/01262/B) namely; 8, 9, 12, 13, and 14. The remaining conditions;

• 1 - Four year rule
• 2 - Construction of estate roads, including footpaths, cycle paths and turning spaces prior to first occupation of each dwelling;

• 3 Provisions of access, turning area and parking spaces for the relevant occupied dwelling prior to first occupation of each dwelling;
• 4 Retention of existing trees;
• 5 Installation of Bat and bird boxes on dwellings as shown;
• 6 Surfacing of all paths and cycleways shall be fully surfaced in accordance with the approved phasing plan;
• 7. Implementation of tree planting as per the approved details;

• 10. Restriction on use of shop units as per those uses identified in Class 1.1 (shops) and Class 1.3 (food and drink) of the Order;
• 11. Retail shop units to be individual units;

As this proposal is for the variation of minor elements of the footpath and parking layout; and, landscaping of the site, only, and is reflected by the red line around those specific plots and does not include any of the highways or infrastructure, this application is somewhat dependent on the 2021 permission and those previous conditions can be linked through onto this application.

7.0 CONCLUSION 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).

As such, it is recommended that the planning application be approved for the reasons given above. As the proposal does not involve any additional housing units, there is no requirement fora Deed of Variation to the existing Section 13 Legal Agreement.

8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status.

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. Recommendation

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 18.07.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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