7 May 2024 · Committee
Land Opposite, Springfield Terrace, Foxdale, Isle Of Man, IM4 3hg
This application, submitted by Yorkfields Limited, sought Approval in Principle for residential development on a parcel of undeveloped land on the southern side of the A24 in Foxdale, Parish of Patrick. The site covers approximately 5 acres (1.98 hectares), slopes upward from north to south, and has a road frontage of around 176 metres. Existing residential properties on Springfield Terrace sit directly opposite on the northern side of the A24. The key planning issues examined included whether residential development was acceptable in principle at this location, how the proposal would relate to the surrounding residential character, and whether highway safety could be adequately addressed. A legal agreement was also identified as a requirement. The Department of Environment, Food and Agriculture approved the application on 7 May 2024, with six conditions attached.
The committee approved the application in principle for residential development on this undeveloped site in Foxdale. The officer had recommended approval subject to a legal agreement, and the committee agreed. Six conditions were attached to the permission.
General Policy 2 General Development Considerations
The proposals conform to the site's present land use zoning in accordance with the Foxdale Local Plan 1999, and therefore the redevelopment of the site for residential purposes is considered to be acceptable in principle, in further compliance with General Policy 2 of the Strategic Plan (2016).
General Policy 2: 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: (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 spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (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 unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Strategic Policy 3 - To respect the character of our towns and villages
The following policies from the 2016 Strategic Plan are considered pertinent
Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (a) avoiding coalescence and maintaining adequate physical separation between settlements; and (b) having regard in the design of new development to th e use of local materials and character. 4.3.4 Most of our built heritage, our countryside, our coastline and our natural environment is of attraction, value and interest. Surveys commissioned by Government on the quality of life and the importance of heritage in the Isle of Man and internationally, have consistently shown that the historic landscape setting of the Isle of Man scores as t he single most significant factor for residents and visitors in supporting the concept of a specific and positive Manx identity. This "heritage identity" is a result of the combination of a rich diversity of historic sites and monuments, historic building s and residential settlements and a specific range of natural history attributes set within a predominantly rural landscape setting which links modern life to a sense of historic legacy and beauty, the retention of which is strongly supported by Government and the resident community. 4.3.5 The landscapes of the Island are very varied, and their nature and variety is the consequence of thousands of years of interaction between the natural and cultural aspects of the Island through human activity within the enviro nment and an innate respect for the natural and historic qualities they represent. 4.3.6 This landscape heritage is more than simply the sum of its parts. The combination of geology, geomorphology, wildlife, archaeology, history, traditional buildings and the natural settings for traditional activities and customs, combine in the rural and built environment to provide an inseparable element of "Manxness". It provides an overarching context which makes the landscapes of the Isle of Man unique and gives them the value which is acknowledged by those who live here and those who visit. The protection and promotion of this element within Manx society is an important element in central Government policy and the Strategic Plan, which both support the view that these v alued characteristics of the Isle of Man be acknowledged and protected for the future from inappropriate development. 4.3.7 This protection will apply to areas of heritage value, to sites of heritage value and to general traditional landscape settings within the Island which are deemed to contribute to the sense of the Island's heritage identity. Heritage landscape value will therefore be a consideration in all aspects of planning, with a view to retaining and enhancing this value wherever possible.
Housing Policy 5
Housing Policy 5: In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more. The term affordable housing is defined by the Department as housing which is either: directly provided by the Department; or directly provided by Local Authorities; or meets the criteria for the Department's House Purchase Assistance Scheme 2004 (and any successor schemes approved by Tynwald). 8.7 New Housing in Existing Settlements 8.7.1 Recent Local Plans and Area Plans have included development briefs guiding the design and layout of land which is zoned for residential use. Such briefs should not needlessly prescribe design, but should indicate site-specific constraints, the need for provision of public facilities or amenities (such as play areas, neighbourhood shops, or land for schooling, open space, or road improvements), and, if appropriate, the maximum or minimum density and the need for the inclusion of an element of affordable housing. Where these briefs state that an optimum density should be achieved this should not be used as an argument for higher density development which has an adverse effect on the residential amenity of adjoining properties or the character of the area.
Condition 1
The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters. Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019
Condition 2
Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced. Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019.
Condition 3
Plans and particulars of the reserved matters referred to in condition 2 shall include details of; - (a) the surface treatment of any roadways and other parts of the site which will not be covered by buildings; - (b) all external materials to be used in the development; - (c) existing and proposed ground and floor levels; - (d) foul and surface water drainage. - (e) the surface treatment of any roadways and other parts of the site which will not be covered by buildings; - (f) existing and proposed ground and floor levels; - (g) integrated measurers to support bio-diversity net gain. - (h) provide sustainable drainage systems. - (i) provide an Preliminary Ecological Appraisal Reason: in the interests of property planning and the character of the area
Condition 4
Any future Reserved Matters application shall also include the following highways details: - i. Access and connection arrangements to the public road(s) - ii. Streets, including any paths and turning areas - iii. Visibility Splays - iv. Parking provision in accordance with the adopted standards and criteria - v. Waste bin storage in accordance with local authority standards - vi. Surface water drainage scheme - vii. Transport assessment - viii. Accessibility audit - ix. Stage 1 Road Safety Audit and Designer's Response - x. Swept path analysis (waste collection vehicle). Reason: In the interests of highway safety.
Condition 5
The application for reserved matters shall provide full details of how the proposed development will connect to the public sewage system. No development may commence until such time as there is sufficient capacity in the public sewage system to accommodate the additional flows. Reason: In order that the necessary infrastructure is provided to meet the needs of future residents in the interests of residential and environmental amenity.
Condition 6
The application for reserved matters shall provide the following details and/or demonstrate compliance with the following: - o Foul drainage design in accordance with Manx Sewers for Adoption (MSFA) - o Surface water drainage design in accordance with MSFA - o Surface water attenuation designed to 1:100 year plus cc - o Full details of the surface water attenuation system. Reason: In order that the necessary infrastructure is provided to meet the needs of future residents in the interests of residential and environmental amenity.