6 August 2019 · Committee
Field 432608, Douglas Road, Ballasalla, Isle Of Man, IM9 3ad
Permission was granted for a large residential development of 282 dwellings on open farmland at Ballasalla, Isle of Man. The scheme also included associated highway and drainage infrastructure, public open space, and a new bypass road connecting Douglas Road to the rear of Railway Terrace, with a new roundabout and a bridge over the Isle of Man Steam Railway line. The site covers around 17 hectares of farmland sloping downhill from the A5 towards Balthane. A residential property called Parkfield sits in the centre of the site but was not included in the development. The application was submitted by Dandara Homes Limited and decided by the Committee on 6 August 2019. The case officer recommended approval subject to a legal agreement, and the Committee approved the application on that basis.
The application was approved by the Committee on 6 August 2019. The officer recommended approval subject to a legal agreement, and the Committee's decision aligned with that recommendation. The proposal was found acceptable for this farmland site on the edge of Ballasalla. The formal decision record lists 19 conditions.
Development should make the best use of resources
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
Condition 1
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.
Condition 2
2. The phasing of the development must be carried out in accordance with that shown on drawings 03.01A, 02.03C, 02.04C, 06.03A and 06.04A with construction of the phase 1 part of the new by-pass road including the new roundabout on the A5 to be commenced no later than the completion of the 75th dwelling within Phase 1 of the development hereby approved. No dwellings shall be constructed within Phase 2 of the development prior to the completion of the 90th dwelling in Phase 1 and until the by-pass road has been completed with a surface course up to the entrance of phase 2 as shown in the approved plans. No dwelling within Phase 2 shall be occupied until the by-pass road has been completed with a surface course up to the site boundary at the rear of Railway Terrace. Reason: To ensure the delivery of the by-pass road.
Condition 3
3. Prior to the occupation of any dwelling on the site, additional details of all trees to be planted in accordance with approved drawings 02.03 and 02.04, including their quantity/density and location, species and nursery specification, the planting specification, a timetable for implementation and a schedule of maintenance, shall be submitted to and approved by the Department. The planting shall be carried out in accordance with details provided. Any planted trees that are removed, die or become, in the opinion of the Department, seriously damaged or defective within five years of planting shall be replaced with specimens of a similar size and species as originally required, 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 as the landscaping of the site is an integral part of the scheme and must be implemented as approved.
Condition 4
4. No development shall take place, including any works of demolition, until a construction management plan or construction method statement has been submitted to and been approved in writing by the Department. The approved plan/statement shall be adhered to throughout the construction period. The statement shall provide for: parking of vehicles of site operatives and visitors; routes for construction traffic; hours of operation; method of prevention of mud being carried onto highway; pedestrian and cyclist protection; proposed temporary traffic restrictions and arrangements for the turning of vehicles. Reason: In the interests of safe operation of the highway.
Condition 5
5. No part of the Phase 1 development hereby approved shall be occupied until the bus stands become available for use. Reason: To ensure an adequate and satisfactory sustainable transport provision, having regard to the IoM Strategic Plan.
Condition 6
6. No part of the Phase 1 development hereby approved shall be occupied until the first 12 metres of the access on to the A5, measured from the edge of the carriageway, has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter. REASON: In the interests of highway safety.
Condition 7
7. No part of the Phase 2 development hereby approved shall be occupied until the first 12 metres of the access on to the by-pass road, measured from the edge of the carriageway, has been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter. REASON: In the interests of highway safety.
Condition 8
8. 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.
Condition 9
9. 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.
Condition 10
10. The development hereby approved shall not be occupied until the 25m metres forward visibility envelope into the site from southwest bound lane of the A5 has been cleared of any obstruction to visibility at and above a height of 0.6 metres above the nearside carriageway level. That area shall be maintained free of obstruction at all times thereafter. REASON: In the interests of highway safety.
Condition 11
11. No development shall commence on the phase 1 site until visibility splays have been provided between the edge of the carriageway and a line extending from a point 2.4 metres back from the edge of the A5 carriageway, measured along the centre line of the access, to the points on the edge of the carriageway 120 metres to the northeast and 120 metres to the southwest from the centre of the access in accordance with the approved plans. Such splays shall thereafter be permanently maintained free from obstruction to vision above a height of 1.05 above the level of the adjacent carriageway. REASON: In the interests of highway safety.
Condition 12
12. No part of the development shall be occupied until a scheme for improving for pedestrian use, where necessary: - o the existing footway on the southeast side of the A5 between the new access and the junction of Ballabridson Park and - o the section of Ballahick Lane between the A5 and the site has been submitted to and approved in writing by the Department and such improved facilities shall have been provided in accordance with the approved details. REASON: In pursuit of sustainable transport objectives.
Condition 13
13. No development may commence until hedgerow 7 has been protected through the erection of fencing on the development side of it, in accordance with details to be provided and which fencing must be retained throughout the construction process. Reason: To protect the ecologically sensitive features on or near the site.
Condition 14
14. No development shall commence on site until a programme of archaeological work, to include excavations where required, has been submitted to and approved in writing by the Department. The programme shall indicate the degree of supervision by a qualified archaeologist. The development shall not be carried out unless in accordance with the programme of archaeological work so approved. Reason: To ensure that archaeological remains and features are adequately recorded.
Condition 15
15. Prior to the commencement of any work including site clearance or soil stripping, a Precautionary Working Method Statement (PWMS) with Reasonable Avoidance Measures (RAMS) for lizards, frogs and breeding birds must be approved by the Department and the development undertaken in accordance with these details. Reason: to ensure that the development complies with Environment Policy 4.
Condition 16
16. Prior to the commencement of work on the drainage attenuation area, a detailed planting scheme must be approved by the Department and the development undertaken with these details. Such planting should aim to enable the area to be used by the public but also to maximise where practicable, the opportunity for the creation of appropriate ecological habitat which would not be compromised by public access. Reason: to ensure that the development has an acceptable impact on the environment.
Condition 17
17. Prior to the occupation of any dwellings, details of starling and house sparrow nest boxes to be installed as part of the development must be approved by the Department and the development undertaken in accordance with these details. Reason: to ensure that the development has an acceptable impact on the environment.
Condition 18
18. No work may commence upon the construction of the flood attenuation area until such times as there has been approved by the Department a scheme for the future ownership and maintenance of this feature. Reason: To ensure that the facility is maintained to accommodate water from the proposed development.
Condition 19
19. Notwithstanding the provisions of the Town and Country Planning (Permitted Development)Order 2012), no walling or fencing other than is shown on the approved plans may be erected on the following plots where the proposed walling or fencing would abut the railway line, the A5 highway or existing dwellings: - A1, A10, A32-A40, A46, A47-A55, A56-A61, A97 - B10-13, B17-B37, B41, B42 Reason: To ensure that the development has an acceptable visual impact on the surrounding area.
