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Application No.: 25/90357/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 27 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: 04.06.2025 _________________________________________________________________
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 and the character and appearance of the area. 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, P27-01 Proposed Block Plan, P27-04-A Proposed Plans, P27-07 Proposed Elevations, P27-08
_________________________________________________________________ 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 27, 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 27 is towards the eastern end of the wider site and to the north of the approved internal access road. It will be bordered by open land to the rear, new houses to either side and face a new house across the road to the front.
2.0 THE PROPOSAL - 2.1 On Plot 27, the approved scheme makes provision for a two-storey detached house with three bedrooms and an attached, single storey garage. The present proposal seeks a larger two storey detached house with four bedrooms, including one above the garage. Drawing number P27-04-A includes two driveway parking spaces, a front and rear 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 larger family properties. The applicant therefore intends to construct the proposed dwelling instead of the one already permitted.
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 27 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 did not oppose the proposal as originally submitted (comments received 25 April 25); and stated that the amended plan (received on 12 May and formally submitted on 17 May) also appears 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 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. Consequently, the proposal broadly accords with the policies of the Development Plan in respect of its location. Moreover, the principle of building a house on this site has been firmly established by the granting of planning permission for 31 dwellings under 22/01485/B and indeed, the construction of several of the properties thereby approved has already commenced. - 7.3 The current proposal now seeks to change the house type on Plot 27 from a three bedroomed detached house to a four bedroomed one in response to market information and there is no policy basis for opposing this. Given that access to Plot 27 is shared with the wider
Policy 13 of the Strategic Plan; and Section 68 of the Flood Risk Management Act 2013. This should be dealt with by conditions.
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 either highway safety or the character and appearance of the area. 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):
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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