Dept Decision and Inspector's Report

Cabinet Office

Isle of Man Government CABINET OFFICE Government Office DOUGLAS Isle of Man IM1 3PN Direct Line (01624) 685280 Fax Number (01624) 685710 Email [email protected] CHIEF SECRETARY Will Greenhow ACMA Our Reference : DF13/0041 5th August 2014 Planning Secretary Department Of Infrastructure Planning And Building Control Division Murray House Mount Havelock Douglas Dear Sir/Madam,

TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) (No2) ORDER 2013

PA Ref: $\quad 13 / 91392 / B$ Applicant: Hartford Homes Ltd Proposal: Erection of 60 dwellings with associated infrastructure and landscaping works along with highway improvement works Address: Cronk Cullyn Main Road Colby Isle Of Man I refer to the abovementioned planning application. In accordance with the Article 9 of the Town and Country Planning (Development Procedure) (No 2) Order 2013, I herewith give notice of the decision as follows.

The application has been approved subject to the following condition(s);

1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
2. The development shall not commence until there is in place an Agreement under Section 13 of the Town and Country Planning Act 1999 to ensure the provision of affordable housing in accordance with Housing Policy 5 of the Isle of Man Strategic Plan.
3. No development shall commence until full details of the proposed off-site highway works, together with a timetable for their implementation, have been submitted to and approved in writing by the Planning Authority. The development shall be carried out in accordance with the approved details and timetable.
4. All the public open space and play equipment shown on the approved plans shall be provided and available for public use on or before the occupation of 50 of the dwellings.

1. No dwelling may be occupied until such time as the parking spaces associated with it have been provided and there is a road at base course level (or better) to the dwelling and its parking spaces.

1. No development shall commence until a schedule of materials and finishes to be used in the construction of the external surfaces of walls and roofs, have been submitted to and approved in writing by the Planning Authority. The development shall be carried out in the approved materials.

1. No development shall commence until a hard and soft landscaping scheme has been submitted to and approved in writing by the Planning Authority. The scheme should be along the lines of Drwg Nos 01 Rev E, 02 Rev C and 03 Rev B. It shall include details of all walls, fences, trees, hedgerows and other planting which are to be retained, details of all new walls, fences and other boundary treatments and finished levels, a planting schedule to include numbers, density, size, species and positions of all new trees and shrubs, details of the hard surface treatment of the open parts of the site, including road surfaces, and a programme of implementation.

1. All hard and soft landscaping works shall be carried out in accordance with the approved details and programme. Any trees or plants which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants or a species and size to be first approved in writing by the Planning Authority. All hard landscaping works shall be permanently retained in accordance with the approved details.

1. No development shall commence until the tree protection barriers shown on Drwg 04 (received on 21 January 2014) have been put in place. The barriers shall not be removed until the development has been completed. The protected areas shall be kept clear of any building, plant, equipment, material debris and trenching, existing ground levels shall be maintained, and there shall be no entry into the protected areas except for approved arboricultural or landscape works.

1. Notwithstanding the information on Drwg 105-01, there shall be no windows above ground floor level in the flank wall of the dwelling on Plot 60 adjacent to No 21 Cronk Cullyn.

1. The development hereby approved shall not be carried out except in accordance with the following drawings:

• Drwg 001 Location plan
• Drwg 002 Existing site plan
• Drwg 003 Proposed site plan
• Drwg 004 Rev B Previously approved plots along eastern boundary
• Drwg 006 Rev A Schedule of accommodation
• Drwg 007-01 & 02 Site sectional elevations
• Drwg 100-01 Plots 13-16
• Drwg 100-02 Plots 41, 42 and 44-47
• Drwg 101-01 Plots 17 and 18
• Drwg 101-02 Plots 22-30 and 43
• Drwg 102-01 Plots 8-10
• Drwg 102-02 Plots 11 and 12
• Drwg 102-03 Plots 19-21
• Drwg 102-04 Plots 34-37
• Drwg 103 Plots 5, 7, 31-33, 39 and 48-54
• Drwg 104 Plots 3, 4, 6 and 40
• Drwg 105-01 Plots 1, 2, 38, 56 and 60
• Drwg 105-02 Plot 55

• Drwg 106 Plots 57-59
• Drwg 01 Rev C Existing tree and vegetation appraisal
• Drwg 01 Rev E Overall landscape concept
• Drwg 02 Rev C Village green concept
• Drwg 03 Rev B Landscape concept sections
• Drwg 04 Tree retention, protection and removal plan
• Drwg 005 Public open space
• Drwg 008-01, 02 & 03 Fencing schedule
• Drwg 10 Proposed site drainage
• Drwg 13/352/TR/005 Proposed Cronk-y-Thatcher/Main Road junction improvement
• Drwg 13/352/TR/003 Rev A Proposed Cronk Cullyn improvement (attachment to letter of 6 May 2014)

In accordance with article 10(c) of the Order, please be advised that the decision of the Council of Ministers is binding and final (subject to the possibility of judicial review by petition of doleance).

The Planning Inspector's report, upon which the decision was determined, may be viewed by visiting http://www.gov.im/categories/planning-and-building-control/planning-development-control/department-applications/departmental-applications-decisions/ or by contacting the office of the Chief Secretary for a hardcopy (Tel 685204).

Yours faithfully,

A Johnstone

A Johnstone Planning Appeals Administrator

Crown Division Government Offices Douglas Isle of Man 17 June 2014 To the Council of Ministers Case Reference: DF/0041 Planning Application: 13/91392/B Application by Hartford Homes Ltd for planning approval for the erection of 60 dwellings including 18 affordable units, with associated infrastructure and landscaping works, improvement works at the junction of Cronk-yThatcher and Main Road (A7) and at a junction within Cronk Cullyn, at Cronk Cullyn, Main Road, Colby.

1. I have the honour to report that on 22 May 2014 I held an Inquiry in connection with the above application. I visited the site on 19 May 2014. The following people were present at the Inquiry:

• Stephen Morgan - barrister for Hartford Homes Ltd
• Bryan Hall - highway consultant for Hartford Homes Ltd
• George LI - planning consultant for Hartford Homes Ltd
• Hazel Fletcher - Highway Services, Department of Infrastructure
• Sarah Corlett - Planning and Building Control, Department of Infrastructure

1. The site includes highway land owned by the Department of Infrastructure. For that reason it is the Council of Ministers, not the Planning Committee that must decide this planning application. At the Inquiry, the representatives from the Department of Infrastructure took a neutral stance, and assisted solely on technical matters.

The Site And Its Surroundings

1. The 2.6 ha application site lies on the north side of Main road (A7) near the centre of Colby. It has an 80 m frontage onto Main Road, but the majority of the site is behind the buildings on the road frontage including the Colby Glen Public House. The dwellings in Ballacrly Park adjoin the site to the west; and the residential cul-de-sacs of Ard Woollley, Cronk-y-Thatcher and Cronk Cullyn adjoin to the east. There is open countryside to the north, and open countryside to the south on the opposite side of Main Road.
2. Most of the site is an open field. There are some trees beside the stream that forms the eastern boundary of the site, and a belt of trees near the southern end of the site. From its northern boundary, the site slopes down towards Main Road, some 190 m away.
3. The proposed development would also include off-site works in 3 locations: at the junction of Main Road and Cronk-y-Thatcher; at another junction within the Cronk Cullyn estate; and a length of ditch alongside Main Road.
4. Colby has a public house, shop, 2 halls, an arboretum and play area. The pitches and clubhouse of Colby Football Club are on the south side of Main Road. The village is served by a frequent bus service.

The Proposed Development

1. A Planning Statement, a Transport Assessment, a Landscape Design Statement and a Drainage Report have been submitted with the planning application.
2. In order to facilitate the development, the applicant proposes to demolish 3 dwellings on the Main Road frontage (Croit Veg, Ballacarmick and Seaview Cottage), and another dwelling, Meadowfield, to the east of No 5 Ballacrly Park.
3. Sixty dwellings would be built on the site. The main vehicular access would be from Cronk Cullyn (the northerly extension of Cronk-y-Thatcher). All the dwellings would be arranged alongside a network of roads and cul-de-sacs designed as "urban lanes", with shared pedestrian footways. There would also be an emergency vehicular access from Ballacrly Park. Segregated pedestrian accesses into the site would be from Main Road, and from the car park at the back of the Colby Glen Public House, and from Ballacrly Park.
4. There would be twenty-six 4 -bedroom or 5 -bedroom detached houses, thirteen 2 bedroom terraced houses, nine 3-bedroom terraced houses, one 1-bedroom bungalow and eleven 2-bedroom bungalows. Eighteen of the 2-bedroom and 3bedroom bungalows and terraced houses would be affordable housing provided as First Time Buyer's housing through the House Purchase Assistance Scheme administered by the Department of Social Care.
5. The dwellings would be built largely in render and stone but, to add interest and give a contemporary appearance, they would have cedar wood features and dark window frames.
6. Public open space would be provided in the form of a large "village green" near the entrance to the site on the higher ground at its northern end. Elsewhere there would be areas of wildflower meadow, open grass and new tree planting. Overall, $19.2 \%(5,144 \mathrm{~m}^{2})$ of the site would be public open space. This exceeds the open space standard in Appendix 6 of the Isle of Man Strategic Plan (IoMSP) for a development of this kind.
7. As part of the development, the junction of Cronk-y-Thatcher and Main Road would be improved. Once improved, visibility would be increased to 70 m in both directions. The improvement would be achieved by realigning and extending the footway and reducing the width of the carriageways to 6.1 m (Main Road) and 5.5 m (Cronk-y-Thatcher). Minor improvements to encourage traffic calming would also be made to a "T" junction in Cronk Cullyn.

Supporting Information From The Applicant, Hartford Homes Ltd

The principle of the development

1. The site has extant planning approval for 18 dwellings (PA01/02111). The current proposal for 60 dwellings would optimise the use of scarce resources on a site that has been allocated for housing in the recently adopted Area Plan for the South. The Department of Infrastructure's Residential Statement in support of the Modified Draft Area Plan for the South (25 May 2011) estimated that the site had potential for between 59 and 78 dwellings at a density of 30 dwellings per hectare. In his Report on the Modified Draft of the Area Plan for the South, the Planning Inspector's stated "Due to its location, I urge the best possible use and density should be achieved, including affordable housing". The proposed scheme for 60 dwellings pays heed to these matters. It would provide additional, muchneeded homes, and should avoid or delay other land being required for development. Additional benefits include the provision of affordable housing, a

fully equipped playground and better separation between the proposed houses on the eastern boundary of the site and the existing houses in Cronk Cullyn. None of these things were proposed in the earlier scheme for 18 dwellings.

Density, layout and design

1. The density of the proposed scheme would be 22 dwellings per hectare, the lower end of the middle range. The layout of the scheme has been designed around the site's natural features. There would be 7 different house types. The variety of their size and design would provide attractive choices for potential purchasers. To offset the concerns of the residents of No 21 Cronk Cullyn, the first floor window in the east flank wall of the house on Plot 60 would be omitted. It is a secondary window in a bedroom, and therefore not necessary. A planning condition could ensure that this is done.

Open space and landscaping

1. The amount of open space would exceed the standard set in Appendix 6 of the IoMSP. Landscape architects have already prepared concept plans for the landscaping of the whole site, including the village green and its playground. The open space would be donated to Arbory Parish Commissioners, who would then maintain it.
2. The stream along the eastern boundary would be enhanced by the removal of debris and by additional planting. The site is not shown as being at risk on the Isle of Man Flood Maps issued by the Water and Sewerage Authority. Historic flooding of the A7 near the Colby Glen Public House has been attributed to a ditch that runs down Ballacriy Park and along Main Road. Agreement has been outlined with the landowner to clean out the ditch and re-profile it where necessary to ensure that it has sufficient capacity for the additional surface water running off the site.

Affordable housing

1. There would be 18 affordable homes. Fifteen of them would provide the $25 \%$ required by Housing Policy 5 of the IoMSP for a scheme of 60 dwellings. Furthermore, with the agreement of the Department of Social Care, 3 more would be provided to compensate for the absence of provision on a forthcoming development of 12 houses at Ballakillowey. The latter site is in a less sustainable location, and is not as well suited to affordable homes as the Cronk Cullyn site.

Traffic and highways

1. The Highways Division has approved the proposed highway works at the junction of Cronk-y-Thatcher and Main Road. In its current form, the junction allows visibility of only 28 m to the east and 23 m to the west. By moving the kerb line forward, thereby slightly narrowing the road to 6.1 m , there would be 70 m visibility to the east, and 70 m to the west. The centreline of Cronk-y-Thatcher would be moved 1 m to the east and its width in the vicinity of the junction would be reduced from 7.3 m to 5.5 m . Cronk-y-Thatcher drops down to Main Road, with a $9 \%$ gradient near the junction. It is accepted that this can be difficult in ice and snow, but such occurrences are very unusual.
2. An opportunity also exists for improvements to a "T" junction in Cronk Cullyn in order to control the speed of the traffic using it. The width of the carriageway through the junction would be rationalised to 5.5 m , the kerb radii would be reduced to 6 m and a speed table could be introduced (as shown on Drwg 13/352/TR/003 Rev A).
3. If the proposed development were to be built, drivers leaving Cronk-y-Thatcher would have to wait 9 to 10 seconds during peak hours to turn right into Main

Road, and 6 to 7 seconds to turn left. Drivers on Main Road waiting to turn right into Cronk-y-Thatcher would have to wait between 5 and 6 seconds. These delays are much the same as those that are presently experienced, and hence the junction would continue to operate as it does at present without continuous queues of traffic waiting on Cronk-y-Thatcher or Main Road.

1. Main Road, Cronk-y-Thatcher and Cronk Cullyn have plenty of spare capacity to accommodate the additional vehicular movements that would be generated by the proposed development. The traffic that the roads would carry would be about one third of what Manx Roads says they can carry. Road safety would not be jeopardised. In fact highway conditions might get safer because 2 junctions are being improved, and traffic-calming features are to be provided.
2. There would inevitably be some disruption during the construction of the development, but wheel-washing facilities and an on-site compound and car park should minimise any inconvenience to nearby residents.

Conclusion

1. The proposed development complies fully with the Development Brief for the site, and with the other relevant policies in the IoMSP. Additional benefits include two junction improvements, good pedestrian accesses, open spaces and an optimised density. Refusal of the planning application would be a lost opportunity. If approved, work would start within 4 months, and should take about 2 years to complete.

Representations By Local Residents

1. Mr \& Mrs Prior of No 2 Cronk Cullyn are concerned that the improvements to the junction of Cronk-y-Thatcher with Main Road would be achieved by narrowing Main Road to 6.1 m for a distance of 70 m either side of the junction, and by narrowing Cronk-y-Thatcher to 5.5 as it approaches the junction. This is undesirable because it would make turning manoeuvres more difficult. They also note that there would be a $250 \%$ increase in traffic flow outside their house. The density of the proposed development would be about 22 dwellings per hectare. The density in Cronk-y-Thatcher and Cronk Cullyn is only 13 dwellings per hectare. The applicants have not explained how such an increase in density could be in keeping with the area. The poor state of the roads, and the impact on local services such as doctors, are also matters of concern.
2. David Beard of No 14 Cronk Cullyn feels that the junction of Cronk-y-Thatcher with Main Road is dangerous, and the additional 60 dwellings would make matters worse. The junction needs redesigning or, preferably, the site should be accessed from the Ballacrly Park estate.

27.J \& S Dunajewski of No 15 Cronk Cullyn are concerned about the additional traffic and the inadequate junction. They have first-hand experience of near-collisions because of narrow roads, poor visibility and parked vehicles.

1. Richard Miller of No 18 Cronk Cullyn is concerned about the boundary between his property and the application site. He hopes that the developers will take a sensitive approach to this.
2. P R Chadwick of No 19 Cronk Cullyn objects to the fact that the number of dwellings is being increased to 60 . He feels that Colby will turn into a small town rather than a Manx village. He also questions who is going to be responsible for the proposed village green. His property adjoins the site, and he would like the treatment of the shared boundary to be agreed prior to planning approval.

1. Mr \& Mrs Gill of No 20 Cronk Cullyn live next to the application site. They object to the increase in the number of houses, and feel that the development would be over-intensive.
2. M J \& E M Quayle of No 21 Cronk Cullyn object because of the substantial increase in traffic and the over-intensive use of the site. In addition, the dwelling proposed for Plot 60 would have 2 windows in the gable facing towards their house. Their front garden and lounge window would be overlooked from close quarters, far closer than the 20 m separation distance normally required. They also feel that it is wrong to allow the required quota of affordable housing to be transferable between different developments. Why should Colby have the affordable housing that ought to be provided on the Ballakillowey development in Rushen?
3. Martin and Angela Teago of No 22 Cronk Cullyn consider that 60 dwellings would be an extreme over-development, out of keeping with the surrounding residential developments. They have deep concerns about the volume of traffic that would use Cronk Cullyn and Cronk-y-Thatcher. In the winter, when roads are icy, it is impossible to negotiate the hill on Cronk-y-Thatcher, and cars are parked overnight on Main Road. This has inherent dangers. There should be another access into the site where the ground is flatter, perhaps where Plot 17 is proposed. They are also concerned about the volume of construction traffic and the damage it could do to the road surface. They hope that an on-site parking area will be provided for construction workers.
4. Mrs C Gelling of No 25 Cronk Cullyn would like more Home Zone signs and speed bumps in Cronk Cullyn because children play in the roads. She is also concerned about the increased traffic at the junction of Cronk-y-Thatcher and Main Road. The proposed junction improvements would make the carriageway narrower and more difficult to use. Matters are made worse by the fact that opposite the junction on the other side of Main Road is a bus stop and the entrance to the smallholding known as "The Croit".
5. David Headon of No 28 Cronk Cullyn does not object to the building of 60 houses on the site, but would like the access to be off Main Road, not Cronk-y-Thatcher.
6. Alan Leece owns The Builders Yard and Doagh Close next to the Colby Glen Public House. The proposed houses would be near to his land and he would like provision to be made for boundary screening.
7. Mrs E Allen of No 3 Ballacrly Park accepts that some building on the site is inevitable, but she objects to the density of the proposed development. In her view 60 dwellings would change Colby from a fairly large village to a small town. The number should be reduced considerably. Ballacrly Park is a development of bungalows, and there should be bungalows, not 2-storey houses, in the part of the site nearest to it. Furthermore, the development would put too much pressure on the drainage system. Her garden has been flooded on 3 separate occasions during periods of heavy rain.
8. Janet and Paul Cain of The Croit, Main Road, Colby own the land directly opposite the entrance to Cronk-y-Thatcher. In their view, any alterations to the junction would have a significant impact on their ability to enter and leave their property safely. Views of oncoming traffic would be even more restricted, and crossing the road on foot would be even more dangerous.

Other Representations

1. The Arbory Parish Commissioners wish to stress the importance of reducing the visual impact of the development when viewed from the surrounding dwellings. The retention of existing trees, and the planting of new trees, should be maximised and effective. The Commissioners are content that the requirement for public open space within the development has been met.
2. The Highways Division has advised that the proposal would result in 110 dwellings being served from the junction of Cronk-y-Thatcher and Main Road (50 existing dwellings, and 60 proposed dwellings). The proposed junction improvements would enable visibility to meet current standards whilst retaining a road width of 6.1 m on Main Road, the minimum required to allow 2 large vehicles to pass without clipping wing mirrors or adversely affecting the pedestrian footway. The scheme's road layout and car parking provision would meet current standards. There is sufficient capacity on Main Road, Cronk Cullyn and Cronk-yThatcher to accommodate the additional vehicular and pedestrian traffic. There would be no significantly negative impact on road safety. Refusal of the planning application is not warranted on highway grounds.
3. The Department of Social Care has confirmed that $25 \%$ of the 60 dwellings (ie 15 dwellings) should be affordable housing. It is acknowledged that the developer is also intending to provide 3 more to offset the non-provision on another site (PA13/91367/B). The provision of affordable housing would have to be the subject of a Section 13 Agreement.
4. The Fisheries Directorate of the Department of Environment, Food and Agriculture has no objection to the proposal providing there is no detrimental impact on the watercourse and that the impact mitigation measures agreed with Hartford Homes Ltd are adhered to. The culvert extension and clearance of debris from the watercourse should be done between July and September.
5. Manx Electricity Authority has advised that the development makes contact to discuss the electricity supply for the development.

Advice From The Department Of Infrastructure'S Planning And Building Control Division

1. The site is designated in the Area Plan for the South as "Predominantly Residential (Proposed)". It is identified as Site 12 on Map 6, and a Development Brief is provided at paragraph 4.43. The Brief requires the following:
2. A design and access statement.
3. Comprehensive landscaping proposals, including the retention of existing mature boundary trees.
4. Appropriately sited public open space, children's play space and amenity space, in accordance with the Open Space requirements in Appendix 6 of the Isle of Man Strategic Plan (IoMSP).
5. Improvements to the junction of Cronk-y-Thatcher and A7 (Main Road).
6. Pedestrian accesses from Ballacriy Park, the Cronk Cullyn estate, and Main Road in the vicinity of the Colby Glen Public House.
7. A Flood Risk Assessment (because of the stream that runs through the site).
8. Affordable housing in accordance with Housing Policy 5 of the IoMSP.

1. The following policies in the IoMSP are also relevant:

• General Policy 2 - there is a presumption in favour of development on designated sites provided that various criteria are met.
• Environment Policy 7 - protection of watercourses
• Strategic Policy 10 - development should promote a more integrated transport network with the aim to a) minimise journeys, especially by private car, b) make best use of public transport, c) not adversely affect highway safety for all users, and d) encourage pedestrian movement.
• Transport Policy 4 - new and existing highways must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by the development in a safe and appropriate manner.
• Housing Policy 5 - 25\% of the dwellings should be affordable housing.
• Recreation Policy 3 - recreation and amenity space should be in accordance with the standards in Appendix 6 of the IoMSP
• Recreation Policy 4 - open space to be provided on site or conveniently close to the development it is intended to serve, and easily accessible by foot and public transport.

1. In 2001 an application was made for 18 dwellings and the creation of a bowling green on the site (PA01/02111). It was approved on appeal. In 2004, a further application was made for an amended version of the 2001 application (PA04/02325). This, too, was approved on appeal. Some of the approved drainage works have already been installed in the north eastern part of the site, thereby keeping the above planning approvals alive. Neither of the applications proposed any improvements to the junction of Cronk-y-Thatcher and Main Road, nor did they incorporate any affordable housing.
2. The current proposal provides $5,144 \mathrm{~m}^{2}$ of open space, $104 \mathrm{~m}^{2}$ more than the $5,040 \mathrm{~m}^{2}$ required by the open space standards of the IoMSP. However, it should be noted that applicant also intends to make provision on the site for a shortfall at another of its developments in Ballakillowey, about 2 km away. When that is taken into account, the overall requirement for public open space rises to $6,192 \mathrm{~m}^{2}$, resulting in a shortfall of $1,048 \mathrm{~m}^{2}$. However, it should be remembered that Colby Football Club's new pitches are just across the road within easy reach of the residents of the proposed houses.
3. Strictly speaking there should be 15 affordable houses in the scheme ( $25 \%$ of the 60 dwellings), but the applicant is proposing to provide an additional 3 affordable houses, bringing the total to 18 . The additional 3 houses would off-set the absence of affordable housing provision at the nearby Ballakillowey development site where the provision of high density affordable housing would be incongruous.

Inspector'S Assessment

1. My assessment of the planning application covers the following matters:

• The principle of development
• The density, layout and design of the proposed 60 dwellings
• Open space and landscaping
• Affordable housing
• Traffic and highway improvements

The principle of the development

1. The site is allocated for residential development in the 2012 Area Plan for the South (Site 12 on Map 6), and there is a Development Brief for it (paragraph 4.43). Moreover, there is an approval for 18 dwellings on the site (PA01/02111). Work has started on that scheme, and so the approval is still "live" and it could

be fully implemented. The principle of residential development on the site has therefore been firmly established.

Density, layout and design

1. The density of the scheme would be about 22 dwellings per hectare. This would be higher than the density of the residential estates on either side; a matter of some concern to nearby residents. However, I am mindful of the site's sustainable location within the village, and the objective of achieving the best use of resources embodied in Strategic Policy 1 of the IoMSP. I also note that the Inspector for the Area Plan for the South encouraged the achievement of "the best possible density" on this site. I therefore consider the density of 22 dwellings per hectare to be appropriate.
2. In my opinion, the layout of the scheme has been carefully designed to make the best use of the site's topography and natural features. Existing trees would be protected and retained. The stream would be enhanced, in accordance with Environment 7 of the IoMSP. The separation distances between the new dwellings on the site, and between the new dwellings and existing dwellings around the site's boundaries, would meet or exceed the Planning Authority's 20 m rule of thumb.
3. To my mind, the variations in the size and design of the dwellings would give the development an attractive and interesting appearance. The range of materials white render, slated roofs, stone facing and cedar wood detailing - would give the estate its own individual character, but one that would sit comfortably between the housing estates on either side. The relevant criteria of General Policy 2 of the IoMSP would therefore be satisfied.

Open space and landscaping

1. Open space provision for the proposed 60 dwellings would meet the standards in Appendix 6 of the IoMSP, in accordance with Recreation Policy 3. It would also meet the accessibility requirements of Recreation Policy 4. However, the applicant is proposing to transfer to the site the open space requirements for a nearby development at Ballakillowey. There would then be an overall shortfall of $1,048 \mathrm{~m}^{2}$. Bearing in mind the presence of the football pitches on the other side of the Main Road, I do not consider this shortfall to be critical.
2. I consider the landscaping proposals for the site to be thorough and generous. The village green and its playground would be an asset not only for the residents of the development but also for other residents of Colby. I am also encouraged by the fact that a plan showing the measures to protect the site's existing trees during the construction phase has already been prepared.

Affordable housing

1. In accordance with Housing Policy 5 of the IoMSP, 25\% (15) of the 60 dwellings would be affordable housing. The requirement for 3 affordable houses on the applicant's development at Ballakillowey is also being transferred to this site, making a total of 18 affordable houses altogether. The applicant has been in discussion with the Department of Social Care, and no difficulties are foreseen with the drawing up of a Section 13 Agreement for the provision of these 18 affordable houses.

Traffic and highway improvements

1. Many local residents have expressed concerns about the amount of traffic that would be generated by 60 dwellings, and the problems that this would cause. However, there is nothing to suggest that the applicant's traffic predictions are wrong, or that the capacity of the road network has been over-stated. In that

respect, I am mindful of the Highways Division's support for the proposal. I have therefore reached the view that the additional traffic movements in Cronk Cullyn and Cronk-y-Thatcher would not have a materially adverse impact on highway conditions. Indeed, traffic speeds could be calmed and road safety improved as a result of the slight narrowing of the carriageways and the substantial increases in visibility. Strategic Policy 10 and Transport Policy 4 of the IoMSP both seek to protect highway safety and I am satisfied that this would be achieved.

Conclusion

1. In the light of the above, I have reached the view that all aspects of the proposed development satisfy the Development Brief for the site and comply with the relevant polices in the IoMSP. Planning approval should therefore be granted.

Recommendation

1. I recommend that planning approval be granted for the erection of 60 dwellings including 18 affordable units, with associated infrastructure and landscaping works, improvement works at the junction of Cronk-y-Thatcher and Main Road (A7) and at a junction within Cronk Cullyn, at Cronk Cullyn, Main Road, Colby, as shown on the following plans:

• Drwg 001 Location plan
• Drwg 002 Existing site plan
• Drwg 003 Proposed site plan
• Drwg 004 Rev B Previously approved plots along eastern boundary
• Drwg 006 Rev A Schedule of accommodation
• Drwg 007-01 \& 02 Site sectional elevations
• Drwg 100-01 Plots 13-16
• Drwg 100-02 Plots 41, 42 and 44-47
• Drwg 101-01 Plots 17 and 18
• Drwg 101-02 Plots 22-30 and 43
• Drwg 102-01 Plots 8-10
• Drwg 102-02 Plots 11 and 12
• Drwg 102-03 Plots 19-21
• Drwg 102-04 Plots 34-37
• Drwg 103 Plots 5, 7, 31-33, 39 and 48-54
• Drwg 104 Plots 3, 4, 6 and 40
• Drwg 105-01 Plots 1, 2, 38, 56 and 60
• Drwg 105-02 Plot 55
• Drwg 106 Plots 57-59
• Drwg 01 Rev C Existing tree and vegetation appraisal
• Drwg 01 Rev E Overall landscape concept
• Drwg 02 Rev C Village green concept
• Drwg 03 Rev B Landscape concept sections
• Drwg 04 Tree retention, protection and removal plan
• Drwg 005 Public open space
• Drwg 008-01,02 \& 03 Fencing schedule
• Drwg 10 Proposed site drainage
• Drwg 13/352/TR/005 Proposed Cronk-y-Thatcher/Main Road junction improvement
• Drwg 13/352/TR/003 Rev A Proposed Cronk Cullyn improvement (attachment to letter of 6 May 2014)

and subject to the following conditions:

1) The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

2) The development shall not commence until there is in place an Agreement under Section 13 of the Town and Country Planning Act 1999 to ensure the provision of affordable housing in accordance with Housing Policy 5 of the Isle of Man Strategic Plan. 3) No development shall commence until full details of the proposed off-site highway works, together with a timetable for their implementation, have been submitted to and approved in writing by the Planning Authority. The development shall be carried out in accordance with the approved details and timetable. 4) All the public open space and play equipment shown on the approved plans shall be provided and available for public use on or before the occupation of 50 of the dwellings. 5) No dwelling may be occupied until such time as the parking spaces associated with it have been provided and there is a road at base course level (or better) to the dwelling and its parking spaces. 6) No development shall commence until a schedule of materials and finishes to be used in the construction of the external surfaces of walls and roofs, have been submitted to and approved in writing by the Planning Authority. The development shall be carried out in the approved materials. 7) No development shall commence until a hard and soft landscaping scheme has been submitted to and approved in writing by the Planning Authority. The scheme should be along the lines of Drwg Nos 01 Rev E, 02 Rev C and 03 Rev B. It shall include details of all walls, fences, trees, hedgerows and other planting which are to be retained, details of all new walls, fences and other boundary treatments and finished levels, a planting schedule to include numbers, density, size, species and positions of all new trees and shrubs, details of the hard surface treatment of the open parts of the site, including road surfaces, and a programme of implementation. 8) All hard and soft landscaping works shall be carried out in accordance with the approved details and programme. Any trees or plants which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants or a species and size to be first approved in writing by the Planning Authority. All hard landscaping works shall be permanently retained in accordance with the approved details. 9) No development shall commence until the tree protection barriers shown on Drwg 04 (received on 21 January 2014) have been put in place. The barriers shall not be removed until the development has been completed. The protected areas shall be kept clear of any building, plant, equipment, material debris and trenching, existing ground levels shall be maintained, and there shall be no entry into the protected areas except for approved arboricultural or landscape works. 10) Notwithstanding the information on Drwg 105-01, there shall be no windows above ground floor level in the flank wall of the dwelling on Plot 60 adjacent to No 21 Cronk Cullyn.

Ruth MacKenzie BA(Hons) MRTPT Independent Inspector