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Application No.: 25/90359/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 28 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.
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, P28-01 Proposed Block Plan, P28-04-A Proposed Plans, P28-07-A Proposed Elevations, P28-08-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 28, 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 28 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 onto the rear garden of an existing property on Oatlands Road to the south.
2.0 THE PROPOSAL - 2.1 On Plot 28, the approved scheme makes provision for a two-storey semi-detached house with three bedrooms and a single storey garage attached to the neighbouring property. The present proposal seeks a larger two storey detached house with four bedrooms, including one above the garage. Drawing number P28-04-A includes two off road parking spaces to the front of the house, a 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.
3.0 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.
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 material considerations. - 4.2 The Residential Design Guide 2021 provides relevant guidance. 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 because the driveway length in front of the garage did not measure 6m as required by the Manual for Manx Roads standards (comments received 7 May 25). 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 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 28 from a three bedroomed 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 28 is shared with the wider scheme, the four bedroomed house now sought would form part of the overall development in practice and it could not be constructed nor occupied separately. However, the approved scheme is subject to a legal agreement made under Section 13 of the Town and Country Planning Act 1999 and to 14 planning conditions. These would not automatically apply to any new planning permission granted for the current proposal.
7.4 The Legal Agreement deals with the provision of affordable housing and public open space. Plot 28 is not one of those required to deliver an affordable unit and no specific obligations are placed upon it or any other individual plot in relation to the provision or maintenance of public open space. The open space requirement calculated for the development as a whole would not be affected by the proposed 'change' from three to four bedrooms because the expected occupancy of larger dwellings is based upon there being "3 or more bedrooms" (Appendix 6 of the Strategic Plan). Consequently, a new planning permission for Plot 28 would not undermine the Legal Agreement for the wider site. - 7.5 Turning to conditions, some of those attached to 22/01485/B were relevant to the site as a whole and they have already been discharged. Examples include the requirement to submit and conform with a timetable for the delivery of public open space and the installation of the new access. Such conditions are not now relevant to the present application. Others sought details which are relevant to the construction or occupation of each dwelling, including hard and soft landscaping, tree protection, bat and bird boxes and drainage connections. Similar conditions would need to be applied to any separate planning permission for Plot 28 to ensure that the implementation of the scheme overall is not compromised. - 7.6 For the reasons given above, the principle of the development is acceptable. Highway Safety - 7.7 The proposed dwelling would be close to the Service Village of Andreas and this would largely satisfy the locational requirements of Transport Policy 1 of the Strategic Plan. It would be accessed via a new road approved under 22/01485/B and would have a garage and two parking spaces clear of the highway, which accord with the standards required by Transport Policy 7 of the Strategic Plan and the Manual for Manx Roads. As indicated above, Highways Services is satisfied with the parking arrangements now proposed and raises no objections in respect of any other highway related matters. Thus the development would comply with Parts (h) and (i) of General Policy 2 of the Strategic Plan and would have no detrimental effect upon highway safety. Character and Appearance - 7.8 The approved scheme provides the visual context for the proposed dwelling and the latter would be of a compatible scale and design. As stated above, it would also be finished with materials to match those being used for the development as a whole. The proposal would therefore comply with the relevant requirements of Strategic Policy 5, General Policy 2 and Environment Policy 42 of the Strategic Plan and would cause no harm to the character and appearance of the area. Other Matters - 7.9 Plot 28 is bordered only by new houses forming part of the approved scheme and by open land to the north. The proposed dwelling would have a satisfactory relationship to its neighbours and would have no significant impact upon the living conditions enjoyed by the occupiers of the existing nearby properties fronting Oatlands Road. - 7.10 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 28 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.
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 : 03.06.2025 Determining Officer
Signed : S BUTLER Stephen Butler Head of Development Management
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