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| Application No.: | 14/00549/B |
| Applicant: | Heritage Homes Limited |
| Proposal: | Erection of seven detached dwellings (amendment to approved PA 13/00777/B) |
| Site Address: | Plots 8 - 13 Ballakilley (Residential Development Under Construction) Off Church Road Port Erin & Rushen Isle Of Man |
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE
1.1 The site is part of the developing estate of Ballakilley situated on the eastern edge of Port Erin but with most of the site within the parish of Rushen which wraps around the village. The plots which are the subject of this application lie to the north west of the Southlands elderly persons' residential complex and accommodates as approved six plots - an oak, maple, spruce, hazel, beech and oak where the oak, maple and beech are all four bed dwellings with attached/integral garaging and the spruce and hazel are three bed dwellings with attached garaging. The oak on plot 8 looks north west onto an area of public open space and the remainder of the plots look onto the side of the rows of houses foring plots 80-100 to the north west.
2.1 Proposed is the change in the row of six dwellings as approved to a row of seven, comprising the same oak, maple, spruce and hazel but with two maples and a spruce on plots 12 and 13 and a new plot 62. The impact on approved plot 14 which accommodates half of a pair of semi-detached houses, is that the gable of the adjacent property will be around 3m narrower but around a metre closer. Whilst an additional plot is being added, the overall amount of built frontage is the same as the three proposed dwellings are narrower than the two which have approval. The amount of space between the remaining dwellings in the row remains the same.
3.1 The site is designated for residential development in the APS and has planning approval for residential development in a form similar to what is proposed now. As such the principles of General Policy 2 of the Strategic Plan are considered relevant as follows:
"Development which is in accordance with the land use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
| Case Officer : | Miss S E Corlett |
| Photo Taken : | |
| Site Visit : | |
| Expected Decision Level : | Planning Committee |
a) is in accordance with the design brief in the Area Plan where there is such a brief; b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the space around them; c) does not affect adversely the character of the surrounding landscape or townscape; g) does not affect adversely the amenity of local residents or the character of the locality; h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; i) does not have an adverse effect on road safety or traffic flows on the local highways; j) can be provided with all necessary services."
3.2 The Area Plan for the South adopted in 2013 has a development brief for this site: 4.63 Site 23 Location: Land at Ballakilley, Port Erin/Rushen Size of Site: 17 ha (total) 6.8 ha (Predominantly Residential - Proposed)
Previous designation: Field 4050 Open Space (Agriculture) Port Erin Local Plan 1990. The remainder, in Rushen, (identified on the Arbory and East Rushen Local Plan 1999) was identified for Recreation, Civic Uses and Southern Community Hospital, plus an extension to the Rushen Cemetery.
Proposed designation: Predominantly Residential (proposed) / Recreation / Open Space / Cemetery Extension
Site Assessment Framework (Residential Score): 53/68
4.63.1 The site, which is known locally as Ballakilley, is on the north eastern outskirts of Port Erin but falls largely within the Parish of Rushen. The land itself forms part of the wider green tract of land which separates Port Erin, Ballafesson, Ballakilloway and Port St Mary.
4.63.2 The Department has taken into account the site's position on the edge of Port Erin; its relatively level characteristics and its appearance in the landscape. Also recognised was the general desire to have more recreational facilities in and around Port Erin as well as its proximity to existing facilities, schools and transport links. The Department is satisfied that there is a need to release more land for housing development in the South and that this land scored well in its assessment through the Site Assessment Framework. It is equally aware of the concerns raised about allowing any development at Ballakilley; clearly it is important to get the right balance of uses on this land.
4.63.3 The Department of Education and Children (DEC) no longer requires Field 5737 for educational purposes. The DEC now proposes to extend facilities on the existing Rushen Primary School site. The Department of Social Care (DSC) no longer requires land for the Southern Community Hospital, being content with the development at the new Southlands.
4.63.4 The Department recommends that part of the site would be suitable for housing; indeed, there is an opportunity to soften the rather abrupt eastern edge to the Ponyfields development. However, it is also important to ensure that the separate identities of Port Erin and Ballafesson are protected by the provision of an effective Green Gap between the two. Protecting the setting of Rushen Church and its environs is also a priority. In addition to housing, other uses which should be integral to an overall scheme include an extension to the cemetery, a sports pitch/training pitch and associated facilities, public open space for play and general amenity and an element of public car parking. Analysis of the current provision of formal open space within Port Erin has been undertaken using the Open Space requirements within the Isle of Man Strategic Plan, 2007 (Appendix 6). This would suggest that based on the 2006 population levels in Port Erin there is a requirement of 6.44 ha of formal open space. The current provision of such land in Port Erin is 2.86 ha. The overall shortfall of 3.58 ha can be accommodated at Ballakilley on the land designated for such uses.
This development brief relates to field numbers 411529, 414546, 414532, 414214.
Any detailed application to develop the Ballakilley site must be accompanied by and form part of a Master Plan for the whole site (unless the detailed application covers the whole site). The Master Plan must accommodate the various uses identified below and any application must satisfactorily address the matters of phasing, landscaping, vehicular and pedestrian access, drainage and overall integration of the various uses to the existing community. Any detailed application and Master Plan must demonstrate:
b. that the first phase of housing development will be in Field 411529 extending northwards in a progressive manner; and c. that any structural planting/landscaping will be provided during the first phase of housing development. This structural planting should seek to soften the current “hard edge” appearance of the existing housing and future edge of development.
A Drainage Master Plan must also be included following discussion with the Isle of Man Water and Sewerage Authority. This is to ensure adequate arrangements for the position of tail connections and surface water discharges. Further modelling will be required to agree all discharge points.
The residential area shall be restricted to fields 411529 and 414546 as indicated on Inset Map 7 and must include a mix of house types. The layout and design of the new housing must be such as: to create a sense of place recognising the site's position at the edge of the built up area of Port Erin; to respect the amenities of existing adjoining dwellings and residents; to take account of Rushen Cemetery which projects southwards from Barracks Road; and to result in a landscaped, soft edge to the development which forms the boundary between Port Erin and the Parish of Rushen.
Sufficient land must be set aside on either Field 414532 or 414214 to accommodate a sports pitch, and a training pitch (approximately 4 ha in total) and this must be shown on the Master Plan. Any building(s) normally associated with such uses, such as changing facilities or grounds/mens' stores may be acceptable, together with an area of public car parking. Any such buildings/car parking, should be modest in size having regard to their function, and should be so sited as not to threaten the overall function of the land as a Green Gap.
Provision must be made for a cemetery extension which may include an area for a green cemetery or natural burial ground (this is generally a burial area with no headstones, sculpted markers or permanent vases. There are normally no manicured lawns or paved roads/paths). This extension may, until such time as it is required, be used as public open space and laid out as such. The area intended for the cemetery extension must be shown on the Master Plan.
i. the sports pitches - that dialogue is maintained between the developer, landowner/trustees, the Ballakilley Working Group, local sports clubs and Local Authorities; and ii. the Rushen Church Cemetery extension - that dialogue is maintained with the Rushen Burial Ground Authority.
The land set aside for i. and ii. above does not negate the need to provide adequate public open space on fields 411529 and 414546 in line with Recreation Policy 3 the Isle of Man Strategic Plan, 2007, or its replacement.
All land identified as public open space must be designed and retained for the long term for the purposes of play and amenity (unless it forms the area identified for the cemetery extension - see point 6 above). Planting and landscaping methods must be suitably designed with convenient footpath access. The possibility of incorporating community woodland should be explored as part of any scheme.
The main vehicular access to the residential area should be from Church Road entering into field 414546 and must be landscaped to soften its appearance. This new junction and road should allow vehicular access to the proposed residential area and have the ability to access any future car park or ancillary buildings associated with the recreation /sports pitches. Advice from the Highways Division (DoI) should be sought on this matter.
4.1 PA 13/00777 proposed the development of the site for 156 dwellings. Before the decision was taken, the scheme was amended which effectively reduced the number of dwellings to 155. The conditions of the approval which required further information have all been satisfied and there is a legal agreement under Section 13 of the Town and Country Planning Act 1999 to ensure the provision of affordable housing. Work has commenced on site and at the current time the show home is complete and available for viewing. Groundworks elsewhere on the site are on-going.
5.1 Port Erin Commissioners indicate that they do not oppose the application.
6.1 Whilst it was made clear from interested parties during the consideration of the previous application, PA 13/00777 that further amendments and particularly the addition of further plots would not be welcome in this case, the original application on which those comments were made was for the number of houses which are now proposed and as such, whilst this application effectively results in an additional dwelling to what was finally approved, it is no more than were initially proposed and on which positive comments were generally returned. The negative comments made did not specifically refer to this part of the estate.
7.1 The local authorities Port Erin and Rushen Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.
7.2 The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d.
Recommended Decision: Permitted
Date of Recommendation: 09.06.2014
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
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.
The dwellings hereby approved must be constructed in accordance with the phasing programme approved as part of PA 13/00777.
REASON: the overall estate has been phased to ensure the appropriate provision of public open space and highways and the development hereby approved must accord with that.
Other than as specified in the approved phasing schedule, all planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
REASON: it is important for the success of the development that the landscaping, which is designed to soften and complement the built development, is introduced as shown in the plans.
Prior to the occupation of any dwelling, there must be between the property and the A29 Church Road an access including footways constructed to at least base course level and adequately lit.
NOTE: The applicant should take all reasonable steps to ensure that roads and footways are usable by those who may be occupying the completed houses whilst construction continues elsewhere on the estate.
REASON: when each dwelling is occupied there must be a reasonable standard of roadway access to and from the dwelling and from the to the public highway.
Prior to the occupation of any dwelling appropriate traffic calming features to ensure that traffic travels at a safe speed must be installed to the satisfaction of the Planning Authority.
NOTE: this may include temporary traffic calming measures to be installed whilst the carriageways are being used by construction traffic as well as permanent features which will be retained once the roads are completed, The applicant should liaise with the Highway Authority in this respect.
REASON: the estate must be safe for all users.
No dwelling shall be occupied until the vehicular access has been provided where shown on the approved plans and in all cases space has been laid out for at least two motor cars to be parked in accordance with the drawing 17.02 P3. These vehicle parking facilities shall thereafter be retained for use in conjunction with the relevant dwelling.
REASON: this condition is imposed in order to ensure that reasonable and adequate parking space is provided to meet normal parking demands and avoid the need for vehicles to be parked on the highway where they could adversely affect the safety of other highway users.
This approval relates to drawings reference 17.06, 17.08/P2, 17.10/C, APL_106.01, 119.03/A, 129.16, APL_111.01APL_112.01APL_113.01APL_115.01/A AND 2359_APL_119.01/F all received on 2nd May, 2014.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : A... Committee Meeting Date : 23.6.14...
Signed : S. D. Mowett Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate ☐ YES ☑ NO
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