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Application No.: 25/90360/B Applicant: Mr Gary Walker Proposal: Amendment to PA 22/01485/B (residential development comprising 31 dwellings), change to approved house type on plot no 30 Site Address: Part Of Field No. 121388 And Former Dale Nurseries Oatlands Road Andreas IM7 4ER Senior Planning Officer: Mrs Louise Phillips Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 03.06.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.
Reason: To ensure the provision of an appropriate landscape setting to the development and in the interests of biodiversity.
Reason: To ensure adequate pedestrian and vehicular access to the dwelling in the interest of highway safety.
Reason: To ensure appropriate surface water drainage from the site and to manage off-site flood risk.
Reason: In the interest of reducing CO2 emissions and to meet the aims of the Climate Change Act.
N 1. Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.
The proposed development would be acceptable in principle and, subject to the conditions above, it would comply with the policies of the development plan in relation to highway safety, the character and appearance of the area, and residential amenity. It would also be acceptable in respect of the other material considerations relevant to the application.
Plans/Drawings/Information; This approval relates to the following drawing numbers: Location Plan, P30-01 Proposed Block Plan, P30-04-A Proposed Plans, P30-07-A Proposed Elevations, P30-08-A
_________________________________________________________________ Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
1.0 THE SITE - 1.1 The application relates to an individual plot of land, described as Plot 30, which forms part of a larger development site granted planning permission for 31 dwellings under reference 22/01485/B (the approved scheme). It is on the north side of Oatlands Road, east of Andreas Village. Construction of the approved scheme is well underway, with the access road having been laid out and several of the dwellings started. - 1.2 Plot 30 is towards the eastern end of the wider site and to the south of the approved internal access road. It will be bordered by a new dwelling to the west, existing dwellings on Oatlands Road to the south and east and face a new house across the road to the front.
2.0 THE PROPOSAL - 2.1 On Plot 30, the approved scheme makes provision for a two-storey detached, chaletstyle house with three bedrooms, no garage but one off road parking space. The present proposal seeks a detached single storey bungalow, also with three bedrooms, and an attached garage. Drawing number P30-04-A includes two driveway parking spaces, a garden and an Air Source Heat Pump. The property would be finished with part rendered, part stone clad walls, slate effect roof tiles and grey coloured windows and doors to match the materials being used for the approved development. - 2.2 The rationale for the proposal is that the Estate Agent has reported demand for 'true' bungalows. The applicant therefore intends to construct the proposed dwelling instead of the one already permitted.
3.0 PLANNING POLICY Site Specific - 3.1 The site itself is not within an area identified as being at risk of flooding, but the south western side of the wider site for the approved scheme is part within and adjacent to areas at risk of fluvial and surface water flooding from the existing storm water drainage system. The site is not within a Conservation Area, nor is it subject to any other specific designations or known constraints. 1982 Development Plan
3.2 Whilst the larger approved scheme included land which is not designated for development, Plot 30 on the eastern side of the site is zoned as part of an existing Area of Predominantly Residential Use. Isle of Man Strategic Plan 2016 - 3.3 Strategic Policy 5 requires development, including individual buildings, to make a positive contribution to the environment of the Island. Strategic Policy 11 supports the provision of 5,100 net additional dwellings over the period 2011-2026; and Spatial Policy 3 identifies Andreas as a Service Village where housing should be provided to meet local need and, where appropriate, to broaden the choice of location of housing. - 3.4 General Policy 2 provides that development in accordance with land use zoning and other relevant proposals and policies of the Development Plan will normally be permitted subject to certain criteria, including those below which are particularly relevant to this proposal. The development should:
3.5 Environment Policy 13 states that development which would result in an unacceptable risk from flooding, either on or off site, will not be permitted. - 3.6 Environment Policy 42 requires new development in existing settlements to be designed to take account of the particular character and identity of the immediate locality. - 3.7 Like Strategic Policy 11, Housing Policy 1 seeks provision of 5,100 net additional dwellings by 2026 and Housing Policy 3 distributes 770 of these to the North. Housing Policy 4 requires housing to be located primarily within existing towns and villages or, where appropriate, in sustainable urban extensions thereof. - 3.8 Transport Policy 1 requires that, where possible, new development should be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes; and Transport Policy 7 requires parking provision in new development to accord with the current adopted standards.
4.0 OTHER MATERIAL CONSIDERATIONS Guidance - 4.1 The proposal includes the construction of parking spaces and so the standards set out in the Manual for Manx Roads are relevant considerations. - 4.2 The Residential Design Guide 2021 is a material consideration. Legislation - 4.3 Section 68 of the Flood Risk Management Act (2013) indicates that any published Flood Risk Management Plan and the extent to which the proposed development creates an
additional flood risk are material considerations. This is relevant in light of known surface water drainage issues in the area.
Other Considerations
4.4 The approved scheme 22/01485/B is a significant material consideration, particularly given that it is already being implemented.
5.0 PLANNING HISTORY - 5.1 As explained above, the grant of planning permission 22/01485/B for residential development comprising 31 dwellings with associated roads, plots, drainage and open space proposals, is a material consideration in the determination of this application.
6.0 REPRESENTATIONS - 6.1 Highways Services opposed the proposal as originally submitted on the basis that "Plot 30 driveway parking should be moved slightly away (1m minimum) from the boundary of Oatlands Lodge plot boundary to improve visibility onto the proposed adopted highway" (comments received 25 April 2025). Amended plans were submitted to address this (received on 12 May and formally submitted on 17 May), and Highways Services stated that "the updated proposals appear fine" (comments received 21 May 25). - 6.2 Highways Drainage (29 May 2025) state: "Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained within Section 11.3.11 of the Manual for Manx Roads. Applicant should be aware of and comply with the clause above". - 6.3 Ecosystem Policy Team (13 May 2025) state: "PA22/01485/B was granted subject to a condition for a bat and bird mitigation plan, including use of nest and roost boxes, to be provided to Planning for approval. Subsequently, this bat and bird information was submitted and approved in PA24/10072/AIR. This information included the installation of a bat brick on the south eastern elevation of plot 30. Accordingly the installation of a bat brick should form part of the amended plans for plot 30, but these details have not been included with this application. Due to the change in property type, we believe the location of this bricks should be changed either to the north-east or south-west elevation, high up on either gable end of the property. Potential Conditions - A condition should be included which secures the installation of a bat brick high up on either the north-east or south-west elevation of plot 30. - 6.4 Andreas Parish Commissioners were consulted on 14 April 2025 and have not made comments at the time of drafting this report.
7.0 ASSESSMENT - 7.1 Taking account of all the matters referenced above, the main issues for the determination of this planning application are as follows:
Principle of Development
7.2 Whilst itself presently undeveloped, the site lies within an existing Area of Predominantly Residential Use identified in the 1982 Plan, close to Andreas which is recognised in the Strategic Plan 2016 as a Service Village capable of accommodating some housing.
7.11 Existing issues with surface water drainage in the area were considered in detail when granting planning permission for the approved scheme. It was determined that the development should drain into a Geocellular Attenuation Tank to ensure that the problem was not made worse and, indeed, it might be improved. Whilst no issues have been raised in respect of the present proposal, the new dwelling on Plot 30 would need to be connected to the approved drainage system to achieve compliance with General Policy 2(l) and Environment Policy 13 of the Strategic Plan; and Section 68 of the Flood Risk Management Act 2013. This should be dealt with by conditions. - 7.12 The Ecosystem Policy Team has requested that a bat brick should be installed upon the property as was required for the chalet previously approved. However, to be attractive to bats, such bricks need to be up high, and this proposal is for a bungalow. - 7.13 Several similar planning applications to change the house types already approved under 22/01485/B have been submitted at the same time as this one, and these include plots to accommodate two storey houses. Bat bricks can therefore be required to be installed upon these properties to ensure that the development overall provides the number previously agreed.
8.0 CONCLUSION - 8.1 For the reasons given above, the proposed development would be acceptable in principle and would cause no harm in terms of highway safety, the character and appearance of the area or the living conditions of existing occupiers. In respect of these main issues and, taking account of the other matters discussed above, the application would comply with relevant development plan policy and legislation. Therefore, it is recommended for approval subject to the conditions listed above.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted). - 9.2 Article A10 sets out that the right to appeal is available to:
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
9.5 The Department of Environment Food and Agriculture is responsible for the
determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status, and/or rights to appeal.
Decision Made : Permitted Date : 05.06.2025 Determining Officer
Signed : S BUTLER Stephen Butler Head of Development Management
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