Officer Report

Application No.: 15/00870/B Applicant: Haven Homes Limited Proposal: Demolition of redundant gas works and construction of twenty dwellings with associated roadways and drainage, including siting, design, external appearance, internal layout, means of access and landscaping Site Address: Gas Works Site Adjacent To Port St Mary Railway Station Port St Mary Isle Of Man IM9 5LF Case Officer : Miss S E Corlett Expected Decision Level: Officer Delegation

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE

THE SITE

1.1 The site is a portion of land which lies to the west of Station Road, accessed from between the Station Hotel and Port St. Mary Railway Station. The site currently accommodates gas containers which have been decommissioned along with other buildings associated with the use of the site as a gas works. To the immediate east of the site is Ballaghreiney, a residential property which sits behind the Station Hotel. To the north is the steam railway line. - 1.2 The lane serving the site is presently unmade and is almost 4m wide and has at its eastern end, Port St. Mary Railway Station and its access and parking to the north and the Station Hotel to the south with Ballaghreiney, a modern bungalow, to the west of this. Both the Station Hotel and the Railway Station are handsome buildings: the railway station being a mainly red brick building with yellow brick detailing vertically proportioned and oriel windows and decorative chimneys. The hotel is plainer but still attractive, with a rendered finish, and substantial chimneys.

1.2 The car park is an area of around 30m by 40m and was formerly used in association with the hotel. Planning approval was granted for the change of use of the car park, with levelling and landscaping for use by the owners of Ballaghreiney for part of their landscaping business (PA 09/02030) which was not taken up and which has now expired. This site remains in the ownership of those who own Ballaghreiney. Planning permission was also granted for the erection of perimeter fencing around the gasworks site (PA 98/01220). The gas works site accommodates the former gas cylinders and various buildings, none of which is currently used. Most of these buildings are brick with sheeted roofs other than a dwelling-type property with a red tiled roof and prominent chimneys. THE PROPOSAL - 2.1 Proposed is the clearance of the site of its structures (which would in itself not require planning permission) and the erection of 20 dwellings with associated roads and open space. The layout provided indicates that the houses would all be 3 or 4 bedroomed and all terraced or end of terrace with a small front and rear garden with part of the front gardens dedicated to one parking space

with a second space contained within the property. Public open space is provided in the form of three areas which result in around 810 sq m: one to the north of plots 6-11 and the other to the north of plots 1-5. A small third area is to the west of plot 11 alongside the estate road (around 36 sq m). The applicant considers this to be in excess of the requirement for amenity space and children's play space as set out in the Strategic Plan.

2.2 Access to the site would be along the lane: there is no indication on the plans that this will be altered or upgraded in any way. - 2.3 New surface water and foul drainage systems would be provided. - 2.4 The applicant suggests that whilst the site was not considered and assessed for suitability for residential development in the Area Plan for the South, in their view it would score very highly on the sustainability matrix which was applied to other sites in the area. Nothing is included in the statement to explain how this assessment has been made although they explain that the site is very close to the railway station, a bus route, pub/restaurant, doctor's surgery and numerous shops and other facilities in the village of Port St. Mary. - 2.5 The five houses at the eastern end of the site have gable ends and are two storey with 45 degree pitched roofs which will almost certainly provide an additional floor of accommodation although no windows or rooflights have been shown (up to three rooflights of 1 sq m are permissible in each slope without planning approval under the terms of the Permitted Development Order). These properties will have artificial slate roofs, plain smooth painted rendered walls, composite external doors, grey coloured powder coated aluminium framed windows and grey coloured uPVC fascias, soffitts and barge boards. The front and side gables will have a section of brown coloured Cedral weatherboard as a finish. - 2.6 The row of houses to the west - numbers 6-11 are three storey dwellings with four of the dwellings in two pairs arranged such that their roofs are taller than those alongside, resulting in a stepped roofline with each ridge running at right angles to the front elevations. These properties will be finished in a combination of different coloured weatherboard and render and will have the same finish on the roofs, doors and windows as the houses on plots 1-5. The front elevations have small Juliet-style balconies whereas the rear elevations have balconies which project out from the rear elevation by 1.7m with dividing privacy walls between each. - 2.7 The final row of houses is the longest terrace, nine dwellings which have the same stepped profile and the same finishes as those properties on plots 6-11 and the same integral garage arrangement. These houses, and those on plots 6-11 have four bedrooms. Those on plots 3-5 have two bedrooms each and those on plots 1 and 2 have three bedrooms each. - 2.8 The houses on plots 1 and 5 have two on-site parking spaces. Those on plots 2-4 have a single space each but there are also two spaces available opposite and one further space alongside the public open space to the north. The remaining plots have integral garages and a parking space on the driveway. - 2.9 The applicant explains that 25% of the homes will be provided as affordable units and those properties proposed on plots 1-5 will satisfy this. They also explain that the colours of the proposed weather boarding will be taken from the Colours of Mann palette. In order to satisfactorily drain the site it will be raised by 1.2 above natural ground level which provides for capping the material on site rather than having to take potentially contaminated material from the site for disposal elsewhere. The step up will be treated in natural stone with a timber boarded fence. - 2.10 The site has been the subject of a land contamination survey which concludes that the site can be remediated. The form submitted to the Department of the Environment, Food and Agriculture with the approval in principle concluded in that Department indicating that the development was acceptable in respect of its proximity to the watercourse. The applicant has also commissioned a

• wildlife survey undertaken by the Manx Wildlife Trust. This focused upon the presence of frogs, lizards, nesting birds and bats and revealed that despite some parts of the site being considered suitable for frog foraging and there being expanses of open water, there was no evidence of frogs on the site. Similarly for lizards, despite some parts of the site being suitable habitat, there was no evidence of lizard presence, the nearest recorded colony being some 1km away at The Howe. Despite no evidence being found, a cautionary approach should be taken in case there are any individual animals appear.
• 2.11 In terms of nesting birds the survey revealed that there are house sparrows in the roof of the house/office building and starlings in the eastern chimney stack, blackbirds and wrens nesting in woodpiles in the lean-to building, house sparrows nesting in the gable of the timber store and in the old workshop along with jackdaws. There was no evidence that the buildings were used by owls and access to most of the buildings is not available. Whilst the house is highly suitable for bats, there was no evidence that the building is being used by this species although two individual and separate sightings of pipistrelles emerging from two of the buildings indicate that they may enter some of the buildings. Bats were observed feeding within the site.
• 2.12 The survey recommends that caution is taken in respect of the timing of any works with mesh being put over known nesting sites to prevent birds taking up their natural nest sites before works commence. Special permission may be required to mesh off starling nest sites. A scheme of deterrence will need to be taken out to prevent bats entering the buildings before works commence. This can be a noise deterrent which is activated at certain times or vibration disturbance. All of this will need to be approved and licenced by DEFA and they recommend that liason with DEFA at the earliest opportunity.
• 2.13 The proposal includes the information discovered as part of the investigation of the ground conditions. This describes how level of gas within the ground were found to be at levels not hazardous to human health. During the production of coal gas, substantial levels of hydrocarbons can be released into the ground and samples on the site reveal levels between 410 and 590 mg/kg. This will require remediation which will cost in the region of £100,000-220,000. They confirm that the site can be remediated such that it is suitable for residential development.

PLANNING STATUS AND POLICY

3.1 The site is identified on the Area Plan for the South adopted in 2013 as Industry. The railway is designated as Railway, Ballaghreiney is designated as Residential and the hotel as Mixed Use public house. The plan refers to the site at paragraph 5.23.1 as a hazardous one, which is likely to become non-hazardous through the removal of the gas services. No advice is given as to any proposed new use.

3.2 As such, the site is designated for industrial use. Whilst the site is considered as "previously developed", the policies on such sites, General Policy 3c state that

"Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

• a) essential housing for agricultural workers who have to live close to their place of work (Housing Policies 7, 8, 9 and 10)
• b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11)
• c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment". The definition of Previously Developed Land is set out in Appendix 1:

"Previously-developed land is that which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure. The definition includes defence buildings, but excludes,

• - land that is or has been occupied by agricultural or forestry buildings.
• - land that has been developed for minerals extraction or waste disposal by landfill purposes where provision for restoration has been made through development control procedures.
• - and in built-up areas such as parks, recreation grounds and allotments, which, although it may feature paths, pavilions and other buildings, has not been previously developed.
• - land that was previously-developed but where the remains of the permanent structure or fixed surface structure has blended into the landscape in the process of time (to the extent that it can reasonably be considered as part of the natural surroundings). There is no presumption that land that is previously-developed is necessarily suitable for housing development nor that the whole of the curtilage should be developed."

3.3 However, General Policy is clear in that it applies to land outside of those areas which are zoned for development on the appropriate Area Plan. This site is designated for development, industrial development so the provisions of GP2 are not directly applicable on this site. - 3.4 Whilst developments of 8 dwellings or more would generally require the provision of affordable housing, in this case the site is designated for industrial use so the policy would not be strictly applicable in this case:

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.

3.5 However, the applicant has indicated that 25% of the units will be made available as affordable housing, if required by the Department of Social Care. - 3.6 The Strategic Plan provides guidance on the development of or near contaminated sites:

Environment Policy 26: Development will not be permitted on or close to contaminated land unless it can be demonstrated that there is no unacceptable risk to health, property or adjacent watercourses.

3.7 The applicant has undertaken a Land Contamination Survey which concludes that residential development of this site would be acceptable. - 3.8 There is a drain in the adjacent field, shown as around 3.5m from the boundary of the site. As such the following policy is considered applicable:

Environment Policy 7: "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which would not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:

• a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality;
• b) details of pollution and alleviation measures must be submitted;
• c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and

• d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species".

3.9 The applicant has discussed the development with the DEFA who have indicated that they are not likely to have concern about the development, provided that no pollutants get into the drain. - 3.10 Recreation Policy 3 states: 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 standards specified in Appendix 6 to the Plan." - 3.11 Recreation Policy 4 requires 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". - 3.12 Finally, Environment Policy 4 provides protection for species and habitats of interest: Environment Policy 4 states "Development will not be permitted which would adversely affect:

• a) species and habitats of international importance:

• i) protected species or international importance or their habitats; or
• ii) proposed or designated Ramsar or Emerald Sites or other internationally important sites.

• b) species and habitats or national importance:

• i) protected species of national importance or their habitats;
• ii) proposed or designated National Nature Reserves , or Areas of Special Scientific Interest; or
• iii) Marine Nature Reserves; or
• iv) National Trust Land.

• c) species and habitats or local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats.

Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward."

REPRESENTATIONS

4.1 Department of Industry Housing Division indicate that affordable housing should be provided as part of the development (12.08.15).

4.2 Department of Infrastructure Highway Services do not oppose the application but indicate that if the application is to be approved it should be subject to the following conditions:

• 1. Prior to the commencement of any work on site the visibility splays on drawing no 1274-000A date stamped 4th August 2015 shall be provided and maintained at a height of 1.05m thereafter. Reason: in the interests of highway safety
• 2. Prior to the occupation of any dwelling the highway shall be provided between the Station Road and the dwelling shall be provided to at least base course level. Reason: to ensure safe access to the dwelling

• 3. Prior to the occupation of any dwelling the parking, including the garage, associated with that dwelling shall be provided and maintained free from obstruction and available for car parking thereafter.

Reason: to ensure that the car parking standard required by the Strategic Plan is provided in perpetuity.

4.3 DEFA Senior Biodiversity Officer (28.8.15). A wildlife survey has been undertaken on this site. The matters of interest raised are small numbers of roosting bats, and some nesting Schedule 1 birds. Two Schedule 1 bird species were found to be nesting on site (house sparrow and starling). Whilst nest sites (as opposed to active nests) are not protected under the Wildlife Act, it would be good practice to provide some alternative accommodation for them, as these are specially protected species. This is achievable using appropriately designed bird boxes or gaps in walls, of an appropriate size. Woodcrete boxes are recommended. As recommended in the report, works should be undertaken outside of the nesting season or the developer should ensure that nesting opportunities are removed/blocked prior to this period.

I don't object to the loss of the bat roosts in this case, assuming planning consent is obtainable otherwise, but I recommend the provision of a bat box designed for small numbers of pipistrelle bats, as mitigation. This can be built into a new wall (eg. using a Habibat-style built-in box) but could also be provided separately if preferred. I recommend the former. The applicant must ensure that no bats remain prior to demolition. An exclusion is therefore necessary, to be undertaken by a batworker, or under DEFA advice on methods safe for use on bats.

PLANNING HISTORY

5.1 Of the greatest material relevance to this current application is the most recent application on this site - PA 14/00357/A proposed the principle of the redevelopment of the site for 23 dwellings and associated servicing and open space. Part of the site was within the ownership of the Department of Infrastructure which at that time was the same Department that accommodated the Planning Division and as such the application was referred to the Council of Ministers for a decision under Section 11 of the Town and Country Planning Act 1999 and Article 10 of the Town and Country Planning (Development Procedure) (No 2) Order 2013.

5.2 That application was approved subject to the prior resolution of a legal agreement to provide affordable housing, the inspector considering that the principle of residential development was acceptable on the site and that the applicant had demonstrated that there was no impediment in respect of drainage, potential flooding, access or soil remediation. He considered the density of 23 dwellings on the site, which also included the car park associated with Ballaghreiney, was acceptable on the basis of the visualisations provided by the applicant that included modulated profiles creating a linked cluster of buildings comprising a variety of dwellings rather than four homogenous blocks. They would as such appear subordinate and somewhat separate from the more dominant buildings of the railway station and hotel.

5.3 He also considered that the layout showed sufficient open space as was appropriate and the full requirement for formal open space was not required in this case due to the amount of alternative open space available in the surrounding area. He agreed that the future of the trees near plots 1-5 was not assured due to the proximity of the proposed houses but noted that they were not the finest specimens and the layout would facilitate retaining other trees.

5.4 He considered that the development of 23 homes rather than a lesser number would be more likely to meet the needs for modest sized family accommodation and considers that there is no reason not to require that 25% of the proposed dwellings are provided as affordable homes. The application was approved subject to conditions requiring that the proposed garages are no less than

• 3m by 5m internally and the results of a survey for lizards and frogs which is undertaken by a competent person, be included in the application for reserved matters together with any proposed

mitigation measures. It also required that the garages remain available for the parking of a vehicle (presumably associated with the house to which the garage is attached) and prior to the occupation of any dwelling, the carriageway, footway and street lighting between the existing public highway and the dwelling shall be constructed to at least base course level and the car parking associated with that dwelling shall be provided and available for use. Finally, it required that prior to the commencement of any other work, the visibility splays shown on approved drawing 1274-000A received on 24th March, 2014 shall be provided at a height of no more than 1.05m and shall be retained thereafter. That drawing is also provided as part of the current application.

ASSESSMENT

5.1 A number of issues relating to the residential development of this site have already been addressed in detail in the previous application: the matters of the principle of the land use, the general density and design of the dwellings, the contribution towards affordable housing, drainage, trees and access have all been found to be acceptable and what is now proposed, whilst slightly different to what was shown in the approval in principle, still accords with these conclusions. The addition of coloured weatherboarding assists with making the development more varied and interesting and the information on ecology has addressed the concerns and issues raised in the earlier application. It is not considered that circumstances are now different so as to justify a departure from that earlier decision. - 5.2 Whilst the site is slightly smaller than what was shown earlier and the density has slightly increased, the general impact of the development is still considered to be acceptable and the amount of public open space provided accords with the requirements of the Strategic Plan in terms of children's play and amenity space. As the layout incudes two separate areas, it will be possible to provide a dedicated play space on one and more general amenity space on the other. - 5.3 The application is considered to be acceptable and in accordance with the earlier decision and is recommended for approval subject to conditions reflecting those issued in respect of the earlier application and subject to the provision of affordable housing in accordance with the requirements of Housing Policy 5.

PARTY STATUS 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material, in this case Department of Infrastructure Housing and Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Approve subject to Legal Agreement Date of Recommendation: 28.08.2015

• 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Prior to the commencement of any works on site, including and particularly any demolition, any sites which are known or suspected to accommodate birds or bats must be treated such that birds and bats may not enter to roost, in a manner including timing, to be agreed with the Department and after consultation with the Biodiversity Office and the development must be undertaken in accordance with these details. Reason: to accord with Environment Policy 4 of the Strategic Plan.
• C 3. Prior to the commencement of any work on site the visibility splays on drawing no 1274-000A date stamped 4th August 2015 shall be provided and maintained at a height of 1.05m thereafter. Reason: in the interests of highway safety
• C 4. Prior to the occupation of any dwelling the highway between Station Road and the dwelling shall be provided to at least base course level. Reason: to ensure safe access to the dwelling
• C 5. Prior to the occupation of any dwelling, the parking, including the garage, associated with that dwelling shall be provided and maintained free from obstruction and available for car parking thereafter.

Reason: to ensure that the car parking standard required by the Strategic Plan is provided in perpetuity.

• C 6. All garages must remain available for the parking of a vehicle associated with the house to which the garage is attached.

Reason: to ensure that there is adequate car parking provided and retained as part of the development.

- C 7.

All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

REASON: the landscaping of the site is an integral part of the scheme and must be implemented as approved.

• C 8. Prior to any demolition or development work, details for ensuring that no bats or Schedule 1 bird species are present on site, and details of mitigation for loss of habitat, shall be submitted to and approved in writing by the Department. Such approved details that be adhered to prior to, during and post construction. Reason: To safeguard statutorily protected species.

This approval relates to drawings 01C, 1274-000A, 1274-007D, 1274-009, 1274-041, 1274-042, 1274-043, 1274-044, 1274-045, 1274-046 and 1274-060B all received on 31st July, 2015.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Approve subject to Legal Agreement Date: 08.06.2016 Determining officer

Signed : C BALMER Chris Balmer Senior Planning Officer

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