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1.1 The aim of this statement is to provide background information to the planning application and to set out the relevant policies to consider in respect of the proposed development.
1.2 The site includes land which is public highway. As such land is owned by the Department of Infrastructure, and that Department is also the Planning Authority, the application must be considered by an Independent Inspector and the decision taken by the Council of Ministers under 10 (1) (b) of the Town and Country Planning (Development Procedure) Order 2005 (see Appendix Two).
1.3 The Department has no other interest in the proposal.
2.1 The site is the part of the Clagh Vane residential estate which accommodates Whitestone Terrace, Glashen Terrace, numbers 1-6 Cobbold Place and numbers 1-25, Clagh Vane (odd numbers only). Vehicular access to these properties is from with Clagh Vane rather than directly onto the A5 Douglas Road although there is a pedestrian access available between Glashen Terrace and 1, Clagh Vane. Parking associated with these properties is provided at the rear of the application properties off a rear lane in the form of approximately 41 parking spaces - 11 beside 6, Cobbold Place, 12 to the rear of Whitestone Terrace and 18 to the rear of the newly constructed four blocks, serving a total of 32 properties (existing and under construction).
3.1 The application seeks approval for demolition of existing 14 dwellings and erection of 16 elderly persons dwellings with new access road, parking and associated Biomass Boiler House to serve community heating scheme (Amendments to PA 11/00013/B). The new properties are in the process of being constructed.
3.2 The only changes to the previous approved application are to the layout of the external works. These include alterations to the access of the new Biomass Boiler, modifications to the public footpath in the area of the Biomass Boiler
House, repositioning of car parking spaces (same number of spaces 30), and alterations of pathways and landscaping around the boiler house. The above alterations are in relation to the changes to the access of the Biomass Boiler House. It should be noted the Biomass Boiler House does not alter in terms of design, size or footprint. There are further alterations identified within paragraph 3.7 of the applicants supporting statement which indicates a number of minor changes relating to fences, type of materials for hard surfacing, alterations of paths and alterations of car parking spaces which front blocks 2, 3 and 4.
4.1 The following policy documents are considered relevant in the consideration of this application:
4.2 The application site is within an area recognised as being an area of 'Residential Use', under the Isle of Man Development Order 1982 and the Modified Draft Area Plan for the South. The site is not within a Conservation Area.
4.4 Due to the zoning of the site the following policies are relevant for consideration:-
"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:
5.1 There following planning applications are considered relevant in the assessment and determination of this application (listed in priority of relevance):-
11/00013/B - Demolition of existing 14 dwellings and erection of 16 elderly persons dwellings with new access road, parking and associated Biomass Boiler House to serve community heating scheme – APPROVED at Appeal
10/00348/B - Creation of additional car parking and modifications to paths and railing positions to 1-6 Cobbold Place (comprising amendments to PA 08/01568/B) - Land And Highway To Cobbold Place, Ballasalla - APPROVED
01/01687/B - Erection of eight two bedroomed apartments to replace four demolished houses - 29 - 35 (odd) Clagh Vane, Ballasalla - APPROVED
6.1 All written representations which have been received by the Planning Authority have been forwarded onto the Chief Secretary's Office for the Independent Inspector to consider when making their assessment.
7.1 There are two issues which required consideration when assessing the proposal:
The proposal involves alterations to the previously approved access for the Biomass Boiler. These alterations have been made as the Department of Environment, Food and Agriculture who are producing the woodchip (biomass) fuel have finalised the type and size of vehicle to be used for delivery. This vehicle differs from the original vehicle proposed to be used when the previous application was approved. Consequently, the previously approved access/parking layout would now be unsuitable for the vehicle which will now be used.
"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;"
And paragraph (i) states that any development:-
"does not have an unacceptable effect on road safety or traffic flows on the local highways".
7.5 The applicants have indicated that it is assumed that the biomass delivery vehicle will access the delivery parking area via the lane behind Glashen Terrace and 1-6 Cobbold Place bungalows, driving into the delivery parking space and exiting the site adjacent to the main site entrance. This would result in the biomass delivery vehicle entering and leaving the parking area in a forward gear and would not require any reversing onto the lane (unlike previous approved scheme). It is anticipated that in normal weather conditions only one delivery of biomass fuel per week will be required and the delivers are carried out during term time school hours to minimise risk. The applicants have indicated that the route of the delivery vehicle has been reviewed with Health and Safety advisors from the Department of Infrastructure and Department of Social Care and it is believed to be satisfactory.
7.6 The Highway Division have indicated that they have no objection to the proposal, as the visibility splays are compliant with 20mph speed limits. They also indicate that a reduction in the fence height to 1 metre outside Block 4 between the new junction serving Project 4 and the bend on Clagh Vane would improve safety at this junction for emerging vehicles.
7.7 Residential Amenities of future occupants
7.8 As indicated with the proposal section of this report and paragraph 3.7 of the applicants supporting statement, the proposed new scheme involves a number of alterations. Therefore, the Inspector should be satisfied that the proposed new scheme would not have any significant impacts upon the residential amenities of future residents by these proposed alterations.
7.9 General Policy 2 paragraphs (g) and (h) are the relevant aspects of the policy which deals with this issue. These policies state that any development should:-
"(g) does not affect adversely the amenity of local residents or the character of the locality;" and
"(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;"
8.1 If the Inspector is minded to recommend to the Council of Ministers that the application is approved, the Planning Authority would suggest that the following conditions are attached to the approval notice:-
This statement has been prepared by Mr Chris Balmer, MA Hons, MTCP, MRTPI Planning Officer, on behalf of the Planning Division of the Department of Infrastructure.
Signed Mr Chris Balmer
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