17 May 2024 · Committee
Dale Nurseries, Oatlands Road, Andreas, Isle Of Man, IM7 4er
The application sought permission for 31 dwellings with associated roads, drainage, and open space on a 3.04-acre site comprising part of Field 121388 and the Former Dale Nurseries, Oatlands Road, Andreas. The site had previously received approval in 2020 for a smaller scheme of 17 dwellings under application 18/00980/B, and the new access follows the same position as that earlier consent. Key planning issues assessed included the principle of development, visual and neighbouring amenity, highway safety, drainage and flood risk, affordable housing, open space provision, tree impacts, and biodiversity. Highway Services initially sought additional information on junction safety and swept path analysis; after further details were submitted, they accepted the swept path analysis for refuse vehicles, noting the arrangement is recognised practice subject to adequate plot parking. The proposals were approved subject to 14 conditions and a Section 13 Legal Agreement, with conditions covering tree protection, bat and bird mitigation bricks, and a Construction Environmental Management Plan to protect hedges, trees, and watercourses during construction.
Planning Committee approved the application, finding it compliant with the Isle of Man Strategic Plan 2016, the IOM Development Plan 1982, and the Residential Design Guide 2021. Highway concerns were resolved following submission of swept path analysis. Tree and biodiversity impacts were addressed through conditions requiring an arboricultural protection regime and pre-commencement bat and bird mitigation plans.
Development should make the best use of resources
optimising the use of previously developed land
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
Service Villages
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
Each dwelling hereby approved shall not be occupied until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the dwelling and shall remain free of obstruction for such use at all times.
Condition 3
No development shall take place until full details of both soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works shall include additional planting to all Public Open Spaces and between parking areas for plots 1 to 3, 45, 6-7, 8-9, 12-13, 14-15, 16 to 21, 22-23 & 24-25 and 26-27. All planting (including tree 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 hereby approved 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. The hard landscaping should include details of the surface finish of the driveway and footpaths as well as any fencing/walls to all boundaries of the dwellings. The hard landscaping works shall be completed in full accordance with the approved details prior to the first use of the dwelling.
Condition 4
Prior to the commencement of development a 'Timetable Scheme' for the provision of the Public Open Space areas as shown on drawing 020 REV B is to be submitted to and approved by the Department which gives a timetable of when all the Public Open Space will be completed and all made available for recreational use before the occupation of the last dwelling. Development shall be carried out in accordance with the agreed timetable. Reason: To ensure adequate Public Open Space provision is provided.
Condition 5
Prior to the occupation of any dwelling, the road and footway/footpath between the highway and that dwelling shall be constructed to at least base course level.
Condition 6
Prior to the commencement of the development the proposed new access is to be installed (required to be completed prior to first dwelling being occupied) with visibility splays of 2.4m x 70m in both directions and thereafter kept permanently clear of any obstruction exceeding 1.05m in height above adjoining carriageway level.
Condition 7
In relation to dwellings within Plots 1 to 3 notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
Condition 8
The protection measures and construction methods detailed in the Arboricultural Impact Assessment and drawing TP-220722 prepared by Manx Roots submitted in support of the application shall be adhered to in full. No retained tree shall be cut down, uprooted, or wilfully destroyed during the development phase and thereafter within 5 years from the completion date, other than in accordance with the approved plans and particulars or as may be permitted by prior approval in writing from the Department.
Condition 9
Prior to the commencement of any development a bat and bird mitigation plan shall be submitted in writing to the Department for approval. The plan should contain details of bat and bird bricks to be built into the new properties. Bird bricks should be located high up on north east to northwest facing elevations. Bat bricks should be located high up on a variety of elevations, though some should face south. Both bird and bat bricks should not be located above windows or doors. This approved plan shall be fully adhered and each dwelling shall have its respective measures completed prior to their occupation. The approved mitigation measures shall be retained thereafter.
Condition 10
Prior to the commencement of any development a Construction Environmental Management Plan (CEMP) shall be submitted in writing for approval by the Department which includes the following: - o Measures to be put in place for the protection of the surrounding hedges and trees during construction, including protective fencing and construction exclusion areas. - o Measures to be taken to prevent water, sediment and pollution runoff from site. - o Construction lighting which adheres to the BCT Guidance on Bats and Artificial Lighting in the UK. - o Reasonable Avoidance Measures (RAMs) for nesting birds to ensure they are not harmed by the works - vegetation removal outside of the nesting season, or thorough checks prior to removal. Reason: In the interests of biodiversity
Condition 11
The Geocellular Attenuation Tank and associated drainage scheme approved under these details and shown on drawings 22/392/500/001 REV B, 22/392/500/002 REV B, 22/392/500/003 REV B, 22/392/500/004 REV A, 22/392/500/005, 22/392/500/006 and 22/392/500/007 shall be completed and ready for use before the occupation of the first dwelling and shall be retained and maintained thereafter.
Condition 12
Prior to the commencement of any development details of all solar panels to each dwelling shall be submitted and approved in writing to the Department and these approved details shall be completed prior to the occupation of any dwelling and retained thereafter.
Condition 13
Prior to the commencement of any development details and dimensions of the enclosed and secure storage for the parking of bicycles for the plots shown on 020 REV B and these approved details shall be completed prior to the occupation of any dwelling and retained thereafter.
Condition 14
The garages for plots 26 and 27 hereby approved shall at all times be made available for the parking of private motor vehicles(s) and shall be retained available for such use. Reason: To provide adequate off-street parking.
Erection of 27 dwellings with associated access, drainage, and open space
Residential development of 17 dwellings with associated roads, plots and drainage
Extension to existing glasshouses for preparation of plant feed, Dale Nurseries Ltd, Andreas
Erection of four polythene greenhouse tunnels, Dale Nurseries