6 July 2016 · Committee
Vacant Land At, Bradda View, Ballakillowey, Colby, Isle Of Man, IM9 4be
Permission was granted for the erection of twelve detached dwellings with integral garages on a vacant one-hectare site at Bradda View, Ballakillowey, Colby. The application incorporated amendments to a previously approved planning permission (reference 13/91367/B). The amendments did not alter the number of dwellings or their general size and massing. Instead, they updated the design to provide a greater variety of house types with a more traditional appearance, including shaped fascias, vertically detailed windows, stonework, rendered walling, and imitation slated roofing. The site lies at the eastern end of Bradda View within the wider Ballakillowey housing development. The land slopes by approximately 10.5 metres over 150 metres, and there are trees and shrubs around the perimeter with a watercourse running along the western edge.
The application was permitted by committee on 6 July 2016, subject to five conditions. The proposal incorporated amendments to a previously approved scheme, updating the design of the dwellings to include more traditional finishes such as shaped fascias, vertically detailed windows, stonework, rendered walling, and imitation slated roofing, without changing the number of units or their overall scale.
Development should make the best use of resources
Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under -used land and buildings, and re - using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space (1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services. 4.2.2 In pursuance of (c) abo ve, the Department will, when formulating its programme for the preparation of new Area Plans, have particular regard to: (a) the availability of mains drainage connected to IRIS or other mains systems; (b) securing the future viability of rural primary schools; (c) the public investment in the Island's highway, bus, railway and tramway networks; (d) the provision and availability of water; and (e) community facilities. 4.3 Environment 4.3.1
New development will be located primarily within our existing towns and villages
Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3. (1) Open Space is defined in Appendix 1. (2) Sustainable Urban Extensions are defined in Appendix 1 4.3.2 Appendix 3 to the Plan identifies the towns and villages, and also explains why the Department has rejected the idea of a new settlement, which was mooted in the Consultation Draft published in May 2000. 4.3.3 Each of our towns and villages has an ind ividual character arising not only from its geographical position and existing fabric, but also from its historical, cultural, and social background. This character should be protected and enhanced. Accordingly:
New development including individual buildings, should be designed so as to make a positive contribution to the environment
Strategic Policy 5: New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies. 4.4 Economy 4.4.1 The Spatial Strategy identifies the Major Employment Areas around the Island. While the majority of business and employment is focused around the Douglas Metropolitan Area, there are other major employment areas at Castletown, the Airport/Freeport, Peel, Ramsey and Jurby. The Department considers the distribution of employment areas provides a spread of employment opportunities around the Island. While recognising the opportunities for small scale local employment within existing centres it is considered new employment should, in the main, be concentrated within existing settlements or those major employment areas referred to in the Island Spatial Strategy and illustrated on the Key Diagram. Existing Local and new Area Plans will provide detailed boundar ies for these areas. From time to time Government may judge it appropriate to offer financial incentives to encourage economic activity or investment in particular parts of the Island.
New development will be located within the defined settlements
Development which is in accordance with the land use zoning and proposals in the appropriate Area Plan
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
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
Development which would cause demonstrable harm to a watercourse
• Mount Murray Golf Club • Onchan Park • West Baldwin Reservoir Car Park • Clypse Kerrowdhoo Reservoir Car Park • Conrhenny Car Park • Ballanette Nature Reserve • Axnfell Plantation Natural Environment Proposal 7 Proposals for development in the vicinity of Dark Sky Discovery Sites are to have minimal outdoor lighting and be encouraged to have a design response which is non-intrusive into the darkness of night. Baffling and directionality of lighting must be sensitive to contain any necessary lighting within a subject site only. Watercourses and Wetlands The collection of hills in the East has produced a network of mountain streams which gradually join and widen to become the rivers flowing out into Douglas Bay, Port Groudle and Laxey Bay. Several of these rivers fro m the natural boundaries between the Eastern Parishes. A non-exhaustive list of streams and rivers in the East includes: Crammag River Injebreck River Creg-y-Cowin River West Baldwin River Awin Ny Darragh Baldwin River River Glass Greeba River River Dhoo Santon Burn Crogga River Middle River Laxey River Glenroy River Groudle River Ballacottier River River Douglas It is likely that these streams and rivers, similar to most of the Island's watercourses, support populations of European Eels - classified by the International Union for the Conservation of Nature (IUCN) as Critically Endangered - and Brown Trout. Most rivers with good fish passage from the sea, including the Dhoo, Glass, Laxey and Santon Burn, contain populations of salmon and sea trout. The Dhoo and Glass are known also to support populations of brook (and possibly river) lamprey. Many of the tributary streams to the major rivers, although small, provide valuable additional spawning and nursery areas for salmonids and lampreys. There are four reservoirs in the East: Eairy Dam, Injebreck, Clypse and Kerrowdhoo. The proposals in this plan for additional housing in the East are likely to have an impact on the water levels in these reservoirs and consequently on the compensation flows within the downstream rivers. DEFA reports that i n recent years there has been evidence of low summer flow below Injebreck reservoir in the River Glass. It is suggested that any reduction in flow in the River Glass could have consequences for the ecology of the river, including fish populations. DEFA has highlighted evidence that artificial light from new housing close to rivers may have a detrimental impact on migratory salmonids. The reservoirs in the East are home to wild brown trout and Injebreck, Clypse and Kerrowdhoo are stocked with rainbow trout for visiting anglers. This Plan recognises that the economic value of the recreational fishing industry depends both on healthy fish stocks and high recreation and visual amenity. The ecological services provided by the Island's watercourses and wetlands are considerable, including carbon storage and natural flood mitigation. An undeveloped corridor of land between the river bank (measured from the edge of th e river channel) and any riverside development is required to allow for natural changes in the position of the river channel, as well as in water levels . The natural vegetation and physical structure of a river bank also provides a wildlife corridor for non-aquatic species. Natural Environment Proposal 8 Proposals for new development in the Plan Area which intend a connection to the Injebreck Reservoir for its water supply must demonstrate that as a consequence of this new development, water levels will n ot be so affected as to have a detrimental effect on normal flows. Natural Environment Recommendation 2 It is recommended that ahead of making any applications for development close to the reservoirs, watercourses and wetlands in the East, applicants must discuss such proposals with DEFA to establish the need for specific design elements to be taken into account . This may include : the impact of artificial light from the development on migratory fish species, buffer distances from the river bank and visual amenity. Marine Protected Areas and Marine Conservation Zones Increased efforts are being made to protect the health and biodiversity of the marine environment as well as the economic and social benefits which effective management of marine resources brings. Marine protected areas are areas of the sea that are protected from fishing and other impacts, with the aim of restoring habitats and supporting sustainable fisheries. The Isle of Man currently has ten Marine Protected Areas around our coast, encompassing 10.4% of Manx waters. One of these is the Sea Fisheries Restricted Area at Laxey Bay which was established in 2009 with the intention of enh ancing the scallop stock and later seeded with juvenile scallops. In 2008 , Douglas Bay closed to mobile fishing gear. Its current status is as a Marine Conservation Zone, though there is an intention to designate the Bay as a Marine Nature Reserve. Marine Nature Reserves are designated to conserve their flora,
In granting planning permission on land zoned for residential development
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
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.
Where appropriate, new development should include the provision of landscaped amenity areas
Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design
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.
Open Space must be provided on site or conveniently close to the development
Open Space must be provided on site or conveniently close to the development which it is intended to serve
Recreation Policy 4: 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.
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
Prior to the occupation of any dwelling the garage, car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter.
Condition 3
Prior to the occupation of any dwelling the road and footway/footpath between the highway and dwelling shall be constructed to at least base course level.
Condition 4
Prior to the commencement of any other works on site, the trees to be retained must be protected from damage during the construction process, as shown in drawings 33A and 34 received on 1st June, 2016.
Condition 5
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.