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Applicant: Yorkfields Limited Proposal Approval in Principle application for proposed residential development Site Address Fields 333135, Part 334998, 334999 And Part 335000 Land Opposite Springfield Terrace Foxdale Isle Of Man Case Officer : Toby Cowell Site Visit: Expected Decision Level Planning Committee Recommended Decision: Approve subject to Legal Agreement Date of Recommendation 09.11.2022
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
Reason: In order that the necessary infrastructure is provided to meet the needs of future residents in the interests of residential and environmental amenity.
N 1. The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 21 November 2022. The issue of the decision notice has been triggered by the Section 13 agreement having been concluded. The 21 days for appeal (for those with Interested Person Status) runs from the date of the decision notice.
This application has been recommended for approval for the following reason. 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). All matters are reserved at this stage and will be subject to a future reserved matters application. Plans/Drawings/Information; This decision relates to drawings and supporting information received on 12.09.22, referenced;
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the following property should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Fuchsia House, 6 Springfield Terrace, Foxdale
as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy,
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE APPROVAL IS SUBJECT TO A LEGAL AGREEMENT IN RESPECT OF THE AFFORDABLE HOUSING AND DUE TO THE OBJECTIONS TO THE APPLICATION INCLUDING THAT FROM THE LOCAL AUTHORITY
1.0 THE SITE - 1.1 The application site relates a parcel of land situated on the southern side of the A24 road within the village of Foxdale, comprising the entirety of Field 333135, and portions of Fields 334999 and 335000. The site is presently undeveloped and slopes upward from north to south, extending to an area of approximately 5 acres (1.98ha). - 1.2 The site has a frontage to the A24 of around 176m. On the northern side of the road from most of this frontage are residential properties; 1 - 9 Springfield Terrace, some semidetached and mostly detached dwellings. To the west of Springfield Terrace is a newly developed estate of 31 dwellings known as Springfield Rise - a development amounting to approximately 9 dwellings per acre. Kiondhooag, a detached dwelling with associated stabling lies to the south west. - 1.3 To the east of the site is a small cleared area used as a car park for the property opposite, with the area further the east having been recently reclaimed as open space, in conjunction with the reclamation of further land to the north east which is now a residential property, Louisa House. The site lies within an area which was formerly mined, with the 1868 County Series maps demonstrating the extensive degree of works which took place in the area
2.1 Approval in principle is sought for the redevelopment of the site for residential purposes, with all matters having been reserved. No information has been provided on the exact or estimated number of units at this stage. - 3.0 PLANNING HISTORY
3.1 The site benefits from a fairly extensive planning history, which includes the redevelopment of the site to provide a residential estate. Following a withdrawn application in 2008 and a refused application in 2013, approval in principle was granted in 2014 for the redevelopment of the site (PA 14/00295/A). Condition 2 of this permission, which required that the application for reserved matters be submitted within 2 years, was varied in 2016 to extend the period by a further 2 years (PA 16/00751/B). This permission was granted in September 2016, with no subsequent reserved matters application having been submitted, and has therefore lapsed. - 4.0 PLANNING POLICY
4.1 The application site is identified on the Foxdale Local Plan 1999 as land zoned for residential development. The site is not within a Conservation Area or within a Flood Risk Zone.
4.2 The site is identified as forming part of Development Area 3 in the Foxdale Local Plan, with the written statement advising that the site may be developed provided it would be in accordance with the stipulated 'development brief'. Much of the brief refers to detail which could be resolved as part of a future reserved matters application, but does make reference that any such development must be accompanied by proposals for the restoration of the adjacent Louisa Mine site. - 4.3 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;
Strategic Policy
4b Protection of the landscape and biodiversity 4 (c) No environmental Pollution 5 Design and visual impact
General Policy 2 General Development Considerations
Environment Policy 4 Protection of species and habitats
42 Designed to respect the character and identity of the locality Housing Policy
Recreational Policy 3 Requirement for Landscaped amenity areas 4 Requirement for Public open space
Transport Policy
6 Equal weight for vehicles and pedestrians 7 Parking Provisions
Infrastructure Policy
Community Policy 1 Community provisions and neighbourhood centres 7 Designing out criminal and anti-social behaviour
4.4 Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction. - 4.5 Our Island Plan (2022) Essentially sets out the overall ambition and vision for the Island from 2021 - 2026 with core strategic objectives to offer a 'secure', 'vibrant' and 'sustainable' Island. One broad aspect that is noted as a fundamental issue is; "Tackle the housing crisis by ensuring everyone has a suitable and affordable place to call home and our housing stock meets the needs of our population now and into the future". (page 3)
5.1 Patrick Parish Commissioners - resolved to oppose the application. The land is not zoned for residential development in the draft Area Plan for the North and West, with the application an attempt to circumvent the consultation process. The site has been subject to previous applications, with no forthcoming reserved matters application which has now expired. It is clear therefore there is no need for a large development in this area. The village lacks the infrastructure for further development with concerns in particular about surface water run-off.
5.2 Highways Services do not object, subject to standard approval in principle condition requiring fill highways details as part of future Reserved Matters application (14.10.22)
5.3 Public Estates and Housing Division - Request applicant enter into a Section 13 agreement to secure 25% affordable housing. - 5.4 DEFA Biodiversity - Section 2.8 of the Planning Statement is incorrect where it states that no Environmental Constraints have been identified for the site, when in fact an area of marshy grassland, mapped as an Area of Ecological Interest in the draft North West Development Plan, is present in the north west of the site. Request that a Preliminary Ecological Appraisal is undertaken and submitted for approval prior to determination of this application. - 5.5 Manx National Heritage - Request that opportunities for planting be incorporated into the scheme in line with Environment Policy 1 of the Strategic Plan (2016). - 5.6 One letters of representation has been received making the following comments:
"This site has been zoned for residential development since 1999 and the UK owner has failed to develop the site during this extensive time. The owner did seek and gain planning permission for residential development which has now expired. On gaining approval the owner made no effort to develop the site but simply put the site up for sale, the site has failed to sell during the last 4 years.
I would suggest the owner is only now seeking planning approval in principle, because the new North/West plan currently re-designates the site as open space, in an attempt to influence the re-designation. I did also submit my view in support of the new North/West plan re designation as open space of this site in response to the public construction exercise. The owner in my view has no intention of developing the site and if approval in principle was given would simply attempt again to sell the site. The real reason the owner wants planning approval is for monetary gain given the sites re designation would reduce the sites value.
The owner has had over 23 years to develop the site and failed to do so. The failure to sell the site to another developer also provides evidence that the site is not viable for development nor I would suggest that there is demand for such housing in the village of Foxdale. My view is that a decision on this application should be delayed until such time as the new North/West plan has been approved so that such a decision is based on the new plan, rather than the 1999 plan which is not based on the current situation, then the decision can be made based on the new designation whether it is residential or open space. I feel that the UK owner is attempting to circumvent the new plan prior to its approval in an 11th hour manoeuvre to seek planning permission in principle. I would be most grateful if consideration could be given to refusing this application or delaying until the new plan is agreed."
6.1 The main issues to consider in the assessment of this planning application are as follows:
7.1 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). All matters are reserved at this stage and will be subject to a future reserved matters application. The application is therefore recommended for approval. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : …PERMITTED……….... Committee Meeting Date:…21.11.2022
Signed :………T COWELL…………….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
Application No 22/01134/A Applicant Yorkfields Limited Proposal Approval in Principle application for proposed residential development Site Address Fields 333135, Part 334998, 334999 And Part 335000, Land Opposite
Springfield Terrace, Foxdale, Isle Of Man Planning Officer Toby Cowell Presenting Officer As above -
Addendum to the Officer Report
The Planning Committee approved the application which included the addition of Condition 6 following comments received by Manx Utilities Authority and as recommended to be included by the Planning Officer. Accordingly, the application was approved subject to a S13 Legal Agreement with the following additional condition attached;
C 6. The application for reserved matters shall provide the following details and/or demonstrate compliance with the following:
Reason: In order that the necessary infrastructure is provided to meet the needs of future residents in the interests of residential and environmental amenity.
Foot Note EJC 7/5/24 For the application record the Committee made its decision 21/11/22. A representation from Heathlands, 8 Springfield Terrace Foxdale, but unfortunately the
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