25 January 2024 · Committee
Land Adjacent To Bretney Estate, West Loughan, Jurby, Isle Of Man, IM7 3bn
Hartford Homes Ltd applied for permission to build 73 dwellings on undeveloped fields on the southern side of Bretney Road, east of The Bretney housing estate and Jurby Village. The site is flat grassland bordered by Manx sod banks and gorse planting, with Ballagarraghyn Farm to the north-west and agricultural fields to the south. The Planning Committee approved the application on 25 January 2024, with 11 conditions attached. The officer's report identified a range of issues to be weighed, including the principle of development, visual and neighbouring amenity, drainage and flooding, affordable housing, open space, ecology, and economic impacts. The application had prior planning history on the site, with four earlier references recorded. The decision was made by the Planning Committee and signed off by the Director of Planning and Building Control.
The Planning Committee approved the application on 25 January 2024. Key issues considered included the principle of development on this undeveloped site, the impact on visual and neighbouring amenities, drainage, affordable housing, ecology, and economic impacts. The officer also recommended approval and no conflicts were identified between the recommendation and the final decision.
Development should make the best use of resources
Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under -used land and buildings, and re - using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space (1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services. 4.2.2 In pursuance of (c) abo ve, the Department will, when formulating its programme for the preparation of new Area Plans, have particular regard to: (a) the availability of mains drainage connected to IRIS or other mains systems; (b) securing the future viability of rural primary schools; (c) the public investment in the Island's highway, bus, railway and tramway networks; (d) the provision and availability of water; and (e) community facilities. 4.3 Environment 4.3.1
New development will be located primarily within our existing towns and villages
Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3. (1) Open Space is defined in Appendix 1. (2) Sustainable Urban Extensions are defined in Appendix 1 4.3.2 Appendix 3 to the Plan identifies the towns and villages, and also explains why the Department has rejected the idea of a new settlement, which was mooted in the Consultation Draft published in May 2000. 4.3.3 Each of our towns and villages has an ind ividual character arising not only from its geographical position and existing fabric, but also from its historical, cultural, and social background. This character should be protected and enhanced. Accordingly:
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
The development, hereby permitted, shall be carried out in accordance with the following: i. The layout, including the street layout, on-plot pedestrian parking and vehicle turning areas, hereby permitted, shall to accord with the details outlined on the approved Site Plan drawings Nos. 55A and 56A. ii. All Visibility Splays shall be laid out in accordance with the details outlined on the approved Site Plan drawings Nos. 55A and 56A - Proposed Site Layout, with Internal Junction Visibility to accord with Section I in the submitted Transport Statement dated 2nd August, 2022. Such splays shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level. iii. No dwelling shall be occupied until the estate road from the junction of the adopted highway to the access of that dwelling has been constructed at least to base course level and lighting has been provided. iv. Prior to the occupation of any dwelling 2 car parking spaces associated with that dwelling as shown on the approved Site Plan drawings Nos. 55 and 56, shall be provided. All parking spaces serving the dwellings hereby permitted, shall be retained for the parking of vehicles throughout the lifetime of the development. v. Prior to the commencement of the development, hereby permitted, full details of all cycle parking for non-garaged plots, shall be submitted to DEFA Planning, and approved in writing. The cycle parking details shall be carried out as approved prior to the first occupation of each dwelling on the development, and shall thereafter, be retained and maintained for the lifetime of the development. vi. Travel Plan hereby approved shall be implemented in accordance with the measures set out therein. Within three months of the first survey, evidence of the implementation of measures set out in the Travel Plan shall be prepared, submitted to and agreed in writing with DEFA Planning unless alternative timescales are agreed in writing.
Condition 3
All planting, seeding or turfing comprised in the approved details of landscaping (Drawing Nos. 2117-20-100 S3 REV F - Sheet 1 of 1 & 2117-20-101 S3 REV D - Sheet 2 of 2) must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the last dwelling, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing materials and fences/walls shall be completed in full accordance with the approved details (Drawing Nos. 2117-20-101 S3 REV F - Sheet 1 of 1 & 2117-20-101 S3 REV D - Sheet 2 of 2) prior to the first occupation of the dwelling/s hereby permitted.
Condition 4
No retained tree shall be cut down, uprooted, destroyed or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that trees marked for retention die or become damaged or otherwise defective prior to commencement or during the construction phase due to events outside the applicants control, the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.
Condition 5
Prior to the commencement of the development hereby approved, the protection measures detailed in the drawing entitled Outline Tree Protection (Drawing No. OTP150622), submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process, unless stated otherwise.
Condition 6
Within the Construction Exclusion Zone (CEZ) identified on the drawing entitled Outline Tree Protection (Drawing No. OTP-150622), nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit, without prior written consent of the Department. The CEZ implemented in accordance with this condition shall be maintained in position until the development is complete.
Condition 7
The mitigation for common lizards, as detailed in section 5.1 - Table 3 and Table 4 of the 'Ballagaraghyn Farm - Preliminary Ecological Appraisal- April, 2021', shall be fully adhered to.
Condition 8
Prior to the commencement of the development hereby approved, details of the proposed lizard hibernaculm as shown in the Detailed Landscape proposals shall be submitted to and approved in writing, including timescale for its construction and for seeding of the surrounding area. The hibernaculm shall be constructed in accordance with the approved details and retained as such thereafter.
Condition 9
Prior to the commencement of the development hereby approved, a New Technical Note covering the additional areas for Phase 2, which set out the long term maintenance and management of the open space and landscaped areas, taking into account the Preliminary Ecological Appraisal by Manx Wildlife Trust Consultancy Services, dated 15 June, 2022, in relation to 'Habitat' ; and, the 'Ecological Impact and Common Lizards Mitigation' (including provision for the area shown on the Detailed Landscape Proposals as "Species Rich Grassland/Wildflower Seeded Areas" which contains the hibernaculm to be cut in early September and again in winter, on a rotational basis to maintain structural diversity for lizards and suitable habitat year-round), shall be submitted to and approved in writing by DEFA Planning. The site shall, thereafter, be maintained in accordance with the approved details.
Condition 10
Prior to the commencement of the development, hereby permitted, all details proposed for wildlife mitigation, including house martin and collared dove, external boxes and hedgehog friendly fencing, shall be shown on an updated site plan, which shall be approved in writing by DEFA Planning. Subsequently, prior to the first occupation of any dwelling these measures shall be provided in accordance with the agreed details, and shall thereafter be permanently retained and maintained.
Condition 11
Prior to the construction of any of the development, hereby permitted, above finished ground floor level, all details of street lighting and any external lighting to be applied to the buildings surfaces or at ground level around the site shall be submitted to and approved in writing by DEFA Planning. Any such lighting shall be installed prior to the development being first occupied and shall thereafter be retained and maintained at all times.
Permitted the erection of 23 dwellings with associated access, parking, open space and landscaping
Variation of conditions 1 and 2 of PA 18/00763/A, Approval in principle for the construction of five dwellings addressing means of access, to extend the period of permission by two years - Part Field 214287, The Threshold
Approval in principle for the construction of five dwellings addressing means of access Part Field 214287, The Threshold
