8 July 2016 · Committee
4, Fleshwick Close, Ballakilley, Port St. Mary, Isle Of Man, IM9 5ns
This application sought permission to erect 49 dwellings as an amendment to a previously approved scheme (PA 13/00777/B) at Ballakilley, Church Road, on the outskirts of Port Erin. The amendment involved a change in house types and an increase in density, driven by a changing market in which smaller units had become more popular with buyers. The site forms part of a developing residential area on the north-western side of Church Road, to the north of the Southlands residential complex. The central planning question was whether the revised house types and higher density remained acceptable in the context of the development brief and the Strategic Plan. The application was permitted by committee on 8 July 2016, subject to a legal agreement, in line with the officer's recommendation to approve.
The application was permitted by committee. The key planning question was whether the change in house types and the increase in density were acceptable against the development brief and the Strategic Plan. The officer recommended approval subject to a legal agreement, and the committee agreed. The formal decision record lists 7 conditions.
General Policy 2
the development should accord with the general standards of development set out in General Policy 2 of the Strategic Plan
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: 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.
Recreation Policy 3
to accord with Recreation Policy 3 of the Strategic Plan
Recreation Policy 3: Where appropriate, new development should include the provision of landscaped amenity areas as an integra l 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. 10.3.9 Open Space in new developments should be provid ed within the site, but where it is impractical to provide the recreational space within the site, consideration may be given either to (a) provision off-site, but conveniently close thereto; or to (b) the use of commuted sums, which, under the terms of a section 13 Agreement, would be paid to the Local Authority as a contribution towards the provision of community recreational open space. Further details of these requirements are included in Appendix 6.
Condition 1
Other than as specified in the approved phasing schedule, 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.
Condition 2
The Public Open Space within fields 411529 and 414546 (the residential part of the development) must be finished and available for public use prior to the completion of the residential development.
Condition 3
Prior to the occupation of any dwelling, there must be between the property and the A29 Church Road an access including footways constructed to at least base course level and adequately lit.
Condition 4
Prior to the occupation of any dwelling approved as part of this application, further details of traffic calming features to ensure that traffic travels at a safe speed must be submitted to and approved by the Planning Authority, and installed in accordance with those approved details.
Condition 5
No dwelling shall be occupied until the vehicular access has been provided where shown on the approved plans and in all cases space has been laid out for at least two motor cars to be parked in accordance with the drawing 17.02 P3. These vehicle parking facilities shall thereafter be retained for use in conjunction with the relevant dwelling.
Condition 6
The Public Open Space proposed for fields 414532 and 414214 (the recreation, public open space and burial facilities) must be made available for public use prior to the completion of the final two dwellings of the residential development.
Condition 7
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
