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Application No.: 22/01485/B Applicant: Keldevelopments Limited Proposal: Residential development comprising 31 dwellings with associated roads, plots, drainage and open space proposals Site Address: Part Of Field No. 121388 And Former Dale Nurseries Oatlands Road Andreas IM7 4ER Principal Planner: Chris Balmer Photo Taken: 01.02.2023 Site Visit: 01.02.2023 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 11.05.2023
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 and to avoid the accumulation of unimplemented planning approvals.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
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.
Reason: To ensure the provision of an appropriate landscape setting to the development and in the interest of biodiversity.
Reason: To ensure adequate pedestrian and vehicular access to each dwelling in the interest of highway safety.
Reason: To ensure safe access onto the highway in the interests of highway safety both during the construction period and afterwards
Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.
have its respective measures completed prior to their occupation. The approved mitigation measures shall be retained thereafter.
Reason: In the interests of biodiversity.
Reason: In the interest of reducing C02 emissions and to meet the aims of the Climate Change Act.
Reason: In the interest of reducing C02 emissions and to meet the aims of the Climate Change Act.
N 1. Though an assessment has not been undertaken (and not requested) The Ecosystem Policy Team (DEFA) believe that there is potential for common lizards and frogs on site and therefore the applicants is recommend to undertaken the following;
This application has been recommended for approval for the following reason. Overall, for the reasons indicated within this report it is concluded the proposals comply with the relevant planning policies of the Isle of Man Strategic Plan 2016, the IOM Development Plan 1982, Manual for Manx Roads and Residential Design Guide 2021. Accordingly, on this basis it is recommended the application is approved subject to conditions as listed and subject to a Section 13 Legal Agreements. Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers all received; 16.12.2022 Design and Access Statement
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Flood Management Division (DOI) Manx Utilities The Public Estates and Housing Division (DOI)
It is recommended that the following persons should be given Interested Person Status as they are 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):
The owner/occupier of Ballachurry Farm Cottage, Bernahara, Andreas - As they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).
It is recommended that the following persons 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 4(2):
The owner/occupier of Ballacottier House, Andreas Road, Andreas is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy.
Northern Parishes Refuse Collection Board as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and 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, as is required by paragraph 2D of the Policy. _____________________________________________________________________________
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE APPROVAL WILL BE SUBJECT TO A SECTION 13 LEGAL AGREEMENT IN RELATION TO AFFORDABLE HOUSING AND AS THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.1 The site defined in red is a parcel of land, 3.04 acres (1.2 hectares) which is made up of part of part of Field 121388 and Former Dale Nurseries all located to the north western side of Andreas Road, northeast of Little Meadow Housing Estate and to the west of Andreas Village. - 1.2 The application site as the name suggests, is defined when viewed on site as two separate areas. The east section of the site is part of part of Field 121388. The site is rectangular in shape measuring 1 acre with no built development, and having a character of a flat field. The boundaries of the site are characterised with mature landscaping, with the northern boundary including a number of mature trees. The site is accessible to Oatlands Road via an existing field gate access, which is located to the south-western corner of the site. - 1.3 The second part of the site which makes up the remaining 1.8 acres is more irregular in shape (the main section almost L-shaped) which until recently was covered by a larger amount of built development, in the form of three detached glass greenhouses, all in a state of disrepair. The greenhouses have a total floor area of approximately 3092sqm which covers the 7149sqm site (1.8acres). - 1.4 The site is currently served by a vehicular access (shared with neighbouring property Drayton Lode & The New Bungalow) to the south-western corner of the site which adjoins onto Little Meadow. A new/altered access has been installed off the Oatlands Road. This is not completed and appears to have been used for construction traffic to access the site. This access is in the position of an access approved under application 18/00980/B.
2.1 The application seeks approval for the residential development comprising 31 dwellings with associated roads, plots, drainage and open space proposals. A previous application (18/00980/B) has recently been approved (23.10.2020) on the same site for the residential development of 17 dwellings with associated roads, plots, drainage and public open space. A further application (20/00740/B) for erection of 27 dwellings with associated access, drainage, and open space was approved by the Planning Committee on 02.08.2021; however, an appeal was made by Department of Infrastructure Highway Drainage. No decision has been made on this application as the appeal is on hold pending the determination of this new application.
2.2 The proposal includes a total of six houses types, ranging from two storey terraces, two storey semi-detached properties, two storey semi-detached properties with dormer accommodation and detached properties. The dwellings external walls would be finished in a mixture of painted render/natural stone cladding, slate effect concrete tiles and slate grey aluminium/uPVC windows - 2.3 A total of 3267sqm of public open space is proposed within the site, the main part within the centre section of the site either side of the main entrance to the site which fronts onto Oatlands Road (running parallel with Oatlands Road). There is further public open space scattered within the estate, in the form of amenity spaces (i.e. landscaped areas). Additional native tree planting and additional landscaping is proposed within and around the southern boundaries of the site.
3.1 The application site is within two separate designations under the Isle of Man Development Plan Order 1982. The eastern part of the site i.e. Field 121388 is within an area designated as Predominantly Residential Use (existing). The western part of the site i.e. Former Dale Nurseries is not designated for development. The site as a whole is not located within a Conservation Area, nor within in Area of High Landscape or Coastal Value and Scenic Significance. The south section of the existing site is identified as being at risk of fluvial flooding from the existing storm water drainage system.
3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application: - 3.3 Strategic Policy 1 states: "Development should make the best use of resources by:
3.4 Spatial Policy 3 states: "The following villages are identified as Service Villages
Area Plans will define the development boundaries of such villages so as to maintain and where appropriate increase employment opportunities. Housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing."
3.5 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative." - 3.6 Environment Policy 10 states: "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4." - 3.7 Environment Policy 13 states: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted." - 3.8 Environment Policy 42 states: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans." - 3.9 General Policy 2 states: "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:
3.10 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
3.11 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:
3.12 Housing Policy 5 states: "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."
3.13 Transport Policy 1 states: "New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes." - 3.14 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan." - 3.15 Transport Policy 6 states: "In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users." - 3.16 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7." - 3.17 Recreation Policy 3 states: "Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan." - 3.18 RESIDENTIAL DESIGN GUIDE 2021 - 3.19 Climate Change Bill 2020 - 3.20 Department of Environment, Food and Agriculture - Agriculture and Lands Directorate Forestry, Amenity and Lands - TREE PROTECTION POLICY - Department Policy Relating to the Protection of Trees - Version 2.0, December 2021 - 3.21 Manual to Manx Roads
4.1 The following previous planning applications are considered relevant in the assessment and determination of this application:
4.2 Erection of 27 dwellings with associated access, drainage, and open space - 20/00740/B
4.3 Residential development of 17 dwellings with associated roads, plots and drainage 18/00980/B - APPROVED. - 4.4 Approval in principle for erection of five dwellings addressing means of access and siting - 15/00875/A - Field 121388, Oatlands Road, Andreas - 15/00875/A -APPROVED - 4.5 Extension to existing glasshouses for preparation of plant feed, Dale Nurseries Ltd, Andreas - 85/01119/B - APPROVED - 4.6 Erection of four polythene greenhouse tunnels, Dale Nurseries - 85/00020/B APPROVED
5.1 Andreas Parish Commissioners have objected to the application on the following grounds (23.01.2023): "…The Commissioners concerns are:
5.2 Highway Services made the initial comments (13.01.2023) seek additional information; "The proposal does not raise significant road safety or highway network efficiency issues, but confirmation is necessary of junction safety, circulation and turning by a s1RSA and Designer's Response, and swept path analysis."
HDC awaits additional information on audits for accessibility and Road Safety Stage 1 before it is able to provide final comments."
The accessibility audit goes further than the statements on such in the transport documentation and provide a useful checklist, including the need for any mitigation measures.
Notwithstanding, accessibility is sufficient. To further enhance accessibility and meet Active Travel objectives, details of enclosed and secure bicycle parking storage are necessary for 23 units without garages to accommodate one bicycle per bedroom. Electric vehicle charging points should be considered for each unit to meet net zero objectives. Additionally, there is now practical demonstration by a swept path analysis that the circulation is satisfactory. Furthermore, the Stage 1 Road Safety and updated Designer's Response have dealt adequately with the identified eight problems through appropriate design modifications in the amended site plan layout. If appropriate, garages should be retained for the stated purposes for plots 26 and 27 given the proposed limited driveway space. A construction management plan would be prudent for road safety and amenity purposes.
The proposal is not expected to give rise to significant road safety or network functionality issues. Accordingly, Highways Development Control raises no opposition requesting application of the following conditions to any planning consent granted for:
The Applicant is note that separate permissions from DOI Highway Services are necessary for road adoption and works in the public road under a s4 and s109(A) Highway Agreements. Other highway licences, temporary road closures and traffic management may be necessary on construction."
5.3 The Public Estates and Housing Division (DOI) comment (30.12.2022); "We refer to the aforementioned planning application, and we can confirm that we have looked at the detail of the application and have considered the provision of a 25% affordable housing requirement.
Current data drawn from Housing Division records for Ramsey and the Northern parishes indicates that there are 96 persons on the general public sector waiting list for affordable housing to rent. There are also 15 persons on the first-time buyers register seeking to purchase a first home in the North of the Island, including Ramsey. This figure is not indicative of likely final purchases as the ability to progress to completion would depend upon personal circumstances and mortgage ability at point of allocation. The total number of persons on the Island-wide Register seeking a first-time buyer home is 171, as at December 2022.
The department would therefore request that consideration be given by the Planning Committee to include a requirement, in respect of any approval granted for this site, for the applicant to enter into a Section 13 Agreement with the Department to provide affordable housing, based upon the usual calculation of 25% of the number of units approved within the application. The application site plan indicates that the proposal includes for 8 Affordable Homes which is acceptable.
Thank you for giving us the opportunity to comment on the application."
5.4 Manx Utilities have made the following comments following additional information being provided (11.05.2023): "On reviewing the latest information from the applicant I can confirm Manx Utilities are satisfied that the development can be adequately drained.
It is recommended that prior to any construction work commencing on site the applicant enters into a section 8 adoption agreement with Manx Utilities for the future adoption of this drainage infrastructure.
Drainage communication fees will be applicable for each of the proposed dwelling in accordance with the Sewerage Act 1999."
5.6 Ecosystems Policy Officer (DEFA) makes the following comments (13.01.2023): "As with the previous application, the Ecosystem Policy Team believe that this development will result in a net loss for biodiversity on site, due to the amount of tree removal, lack of tree planting mitigation and proposals to plant a number of non-native invasive plant species on site. Though we do not object to the development of this area, we believe that further ecological mitigation is required…".
No works to take place unless a bat and bird mitigation plan has been provided to Planning and agreed in writing. 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 north west 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. It is our recommendation that bird bricks suitable for swifts are used. The applicants may also wish to consider the installation of bee bricks on the southern elevation of properties.
No permanent outdoor lighting to be installed unless a sensitive low level lighting plan, following best practise, as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8 on Bats and Artificial Lighting (12th September 2018), has been submitted to Planning and approved in writing.
No works to take place, including construction and enabling works, until a Construction Environmental Management Plan (CEMP) has been submitted to Planning and approved in writing. The CEMP should include the following:
5.7 Inland Fisheries (DEFA) make the following comments (14.02.2023); "I can confirm that DEFA, fisheries have no objections to this development from a fisheries perspective, provided that there is no adverse effect on the adjacent watercourse, and all surface water drainage runs through the swale as proposed on the plans. The proposed works are in close proximity to the watercourse, precautions will be needed to reduce the possibility of harmful materials such as concrete or washings entering the river." - 5.8 Flood Management Division (DOI) comment following amended plans (10.05.2023); "I can confirm that the DoI flood management division is now satisfied with the information provided…" - 5.9 Highway Services Drainage (DOI) comment following amended plans (03.04.2023); "We've been in correspondence with the Applicant and have received the attached drawings etc. in response to our comments to Planning dated 8th March 2023. DOI Highways Drainage are now satisfied that the proposed estate road and highway drainage will not flood in normal circumstances and that any loss of flood plain can be offset within the POS without impacting the seasonally high groundwater table. The proposed culverts under the estate road at the site entrance have been upsized and gullies added or relocated on Oatlands Roads. The overall site area has been confirmed as 1.2ha so the greenfield runoff rate would be 8.4 l/s but the Applicant is proposing to keep this as 7 l/s which is more onerous. Subject to DOI Flood Risk Management's confirmation that the development will not increase the offsite flood risk to our existing highway then we would have no objection to it. Some of the more technical details can be agreed at a later date if the application is approved." - 5.10 The Senior Arboricultural Manager (DEFA) makes the following comments (11.05.2023); "We have no objections to this application. A condition for the implementation of the Tree protection plan would be ideal on this site." - 5.11 The owner/occupier of Ballachurry Farm Cottage, Bernahara, Andreas who owns land adjacent to the site (opposite side of Oatlands Road - Fields 121424, 124284 &121285) objects to the application on the following summarised grounds (23.01.2023); our fields are unusable for agriculture due to the undrained ground which has suffered since the development of the Little Meadow Estate; in previous application (yet to be determined at appeal) the agent indicated that our land is higher to the subject site, while there may be a higher point in the field, the drain that serves our land goes under the highway and runs along Little Meadow, which is much lower than the subject site; the history to the matter is that the developers to Little Meadow Estate infilled the historical open ditched installing pipes that were left too high to be effective; the DOI have admitted verbally that it would be too costly to dig up the offending pipes to drop them lower as they are buried under numerous private back gardens; the proposal will exacerbate the poor situation, more so by increasing the number of houses and ignoring the fact that the capacity of the open ditch, intended to support the handling of surface water is not known, and cannot current cope as things are; highlight a number of commission and oversights with the Design and Access Statement; contrary to Strategic Policy 1(c) as existing utilities cannot cope; contrary to General Policy 2 (g, j, k & i); Contrary to
6.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application; (a) principle of development; (b) the potential impact upon the visual amenities of the area; (c) potential impact upon neighbouring amenities; (d) potential impact upon highway safety; (e) potential drainage/flood issues (f) Affordable Housing potential (g) Open Space Provision; (h) Potential impacts upon trees; and (i) Climate Change. PRINCIPLE OF DEVELOPMENT
6.2 As outlined within the planning policy section of this report, the site is partially proposed for residential use (eastern section Field 121388) and partially not designated for development (western section former Dale Nursery), albeit the latter until recently had a large amount of built development on. - 6.3 The recently adopted Isle of Man Strategic Plan 2016 has been undertaken and adopted, which identified that a total of 770 new dwellings are required to be provided between the years of 2011 to 2026 in the North of the Island. A total of 5,100 dwellings are required over this same period throughout the Island. Andreas Village is regarded as a Service Village under Spatial Policy 3 which also states that "Housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing". - 6.4 As part of the Area Plan for the East process, a Site Assessment Framework published as part of Preliminary Publicity includes net density assumptions (including open space but not strategic provision) - High (40 - 100 dph) i.e. "Town centre development, typically development which is apartments or terraced housing. Medium density (15 - 30dph) i.e. Larger sites close to the settlement centre, typically estates incorporating different dwelling types including some
"Previously-developed land is that which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure.
The definition includes defence buildings, but excludes:
There is no presumption that land that is previously-developed is necessarily suitable for housing development nor that the whole of the curtilage should be developed."
6.10 While the existing buildings have recently been removed from the site, it is still considered the site and associated buildings, structure and hard standings would all meet the definition of "previously-developed land" given they have only been recently removed and as the definition indicates "…or was occupied by a permanent structure" which suggest that there is the potential for sites that have had built development on which perhaps has been removed, can still comply with the definition. Arguable, the longer the period a site has been cleared the less reliance on this "was" there could be. However, as mentioned the removal of the permanent nursery buildings on the site is a recent occurrence (within last year) and therefore the principle of utilising this section of General Policy 3 is acceptable. The next question is whether; "…where redevelopment would reduce the impact of the current situation on the landscape or the wider environment…". It is potentially difficult to argue that the proposed development reduces the impact, given the amount of dwellings proposed and necessary road infrastructure, compared to the existing low level green houses. It is therefore difficult to argue the proposal meets this section of the policy. However, in terms of whether; "…the development proposed would result in improvements to the landscape or wider environment.", it is considered the overall development would significantly improve the landscape and wider environment given the overall scale in its context with the settlement which is sites within and given the quality of the layout of houses, different house types, density, landscaping and open space provision; which all amount to an visual impact of the site and area, albeit accepting the level of built development is more apparent from public views. As mentioned previously, the removal of the bungalows along the roadside frontage of the site, reduces built development the most publicly viewable part of the site, and instead will be open space/landscaped areas, with the built development (Plots 1 to 3) be set back approximately 33m to 43m from Oatlands Road. - 6.11 The site has been in a poor state of repair for many years and a blight to the village and street scene, which was always very unlikely to be brought back into it original use, given its previous condition. - 6.12 A second factor in support of development is the sites surroundings, in terms of built development or potential built development. To the north east of the site are existing properties (Oatlands Bungalow & Oatlands Lodge) and to the rear of these properties is the eastern part of this site which is designated for development. Immediately to the southwest and west of the site is Little Meadow Housing Estate (23 dwellings), Drayton Lodge & The New Bungalow and to the northwest of the site is land that is designated for development and has had approval for 24 residential plots (00/00196/B). Accordingly, given these factors it could be considered the site; albeit on a larger scaled, could be classes as an infill site given the existing built development and surrounding land which is currently designated for residential development. - 6.13 Lastly a significant material consideration is the fact an extant approval existing on this site for residential development (18/00980/B - 17 dwellings expires 23.10.2020) which was considered against the same policy consideration and Development Plan. - 6.14 Given the reasons stated it is considered the principle of developing the site for residential purposes is acceptable. This is not an automatic reason to allow development as further material planning matters as indicated previously need to be considered, to determine if the 31 dwellings on the site is appropriate. THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA
6.15 General Policy 2 paragraph (b) states that the design should respect the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them. - 6.16 The site from public views would be noticeable, albeit arguably less so than previous approvals which had two to three bungalows along the roadside frontage of the site along Oatlands Road. Theses have now been removed and the majority of the roadside frontage of the site is made up Public Open Space/landscaped areas. The closest dwellings to Oatlands road would be Plots 1 to 3 which are located between 33m and 43m approximately and plots 30 & 31 would be between 20m and 23m approximately (although set behind Oatland Bungalow and an approved dwelling within the existing garden of this property). The majority of the dwellings (Plots 10 to 29) which make up the main street scene view of the development and are mainly apparent from the new access (junction onto Oatland Road) of the site are 50+ metres away. - 6.17 It is considered given the distances the dwellings are setback form Oatlands Road, the location of the proposed Public Open Space/landscaped areas and existing properties in the area (namely Oatland Bungalow, Oatlands Lodge, Drayton Lodge, The New Bungalow and the potential new dwelling to the southwest of Oatland Bungalow), the proposed housing development visual impact would be appropriate in the streetscene/area. Furthermore, the layout, density, housing types, design of dwellings and finishes are considered to be an acceptable standard and would result in a housing estate which would be a nice place to reside and see from Oatlands Road, resulting in a beneficial development in terms of its visual appearance in the street scene. While the proposed 31 dwellings is more than previously approved, as mention this is due to smaller properties being proposed, the actually built development (i.e. built form) on the site is not so significant to warrant a refusal now. - 6.18 Whilst there will be an impact to the visual amenities of the area over the previous an current situation, it is considered the proposals would represent an overall visual improvement and environment betterment and be acceptable and comply with General Policy 2 & 3 of the IOMSP. POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES - 6.19 The second issue relates to the potential impact of the development upon the residential amenities of neighbouring properties, namely Oatlands Bungalow, Oatlands Lodge, Drayton Lodge & Bungalow to rear of Drayton Lodge (name not known). Given the size of the site and number of dwellings, all properties adjacent to the site will be impacted by the development. Any development would have an impact; the issue to consider is whether the proposed development would significantly impacts upon the amenities of the neighbouring properties. Generally the main issue relate to overlooking resulting in a loss of privacy, overbearing impact upon outlooks and/or loss of light. - 6.20 In terms of overlooking a general guide which the department utilises is the 20 metres measure, which is taken between direct facing windows. In this case all of the proposed dwellings with direct facing windows are greater than 20 metres from neighbouring existing surrounding properties. Where this gap is closer the proposed dwellings either have their gable end wall facing neighbouring properties or orientated away from existing properties. Further there can be found existing/additional landscaping is in. - 6.21 The design and siting of the dwellings from neighbouring properties and sun orientation (east to west), all ensure there is no significant overbearing impacts upon neighbouring properties or loss of direct sunlight. - 6.22 Overall, whilst the proposed development will have an impacts upon existing surrounding neighbouring properties, it is considered for the reasons given the proposed
development would not having an significant impacts upon the residential amenities of the neighbouring properties and therefore comply with General Policy 2 of the IOMSP.
6.23 Firstly, all properties meet the required parking standards providing at least two off road parking spaces. Comments made by the Commissioners are noted, however the IOMSP only requires two spaces per dwelling and that has been achieved. - 6.24 It should be noted that the visibility splays can achieve the 2.4 x 70m in both directions and Highway Services are content with these. - 6.25 Comments from The Northern Parishes Refuse Collection Board and Andreas Commissioners are noted and the applicants where consequently asked to provide swept path drawings of refuse vehicles driving in the estate. These have been undertaken and considered by Highway Services who have raised no concerns with the road layouts and widths of the estate roads/access. - 6.26 The IOMSP Parking Standards (Appendix 7) requires each dwelling have two off road parking spaces associated with each dwelling. This requirements has been achieved. Comments from the The Northern Parishes Refuse Collection Board and Andreas Commissioners that there is insufficient/people will park on the estate road are noted. However, as the proposal meets the required parking standards and the road layout is appropriate for the various vehicles that would use it; as confirmed by Highway Services; it is considered a refusal on these grounds would not be appropriate. - 6.27 Accordingly, the application complies with Transport Policies 1, 4, 6 & 7 and the parking standards of the IOMSP and Manual for Manx Roads. POTENTIAL DRAINAGE/FLOOD ISSUES - 6.28 As can been seem from the comments of all parties and the applicant, there is an accepted issue with the existing surface water drains within Andreas Village. From comments received there appears to be two areas of concerns with the existing drains. The first is the drainage pipe within and underneath the rear gardens of Nr 1a to 14 Little Meadow, which from comments received indicate that the filling up of the original ditch (to create larger gardens) and not properly installing appropriate drains, results in the water backing up towards the site and neighbouring fields. The second area of concern seems to be the potential partial or fully blocking up of the existing drains between Lawn House and Andreas Stores. - 6.29 This application does not, nor can it address the existing issue as the issues fall outside the supplicant ownership/control. Manx Utilities also acknowledge these concerns and the issues in the previous applications, albeit comment that although these works will be addressed, they are not proposed for the short or medium term. - 6.30 The drainage of the scheme has been undertaken by a drainage engineering company as has the Flood Risk Assessment (FRA). It is proposed to provide a Geocellular Attenuation Tank, which are a form of attenuation & infiltration system, designed to store excess water in circumstances where heavy rainfall means that the volume of water flowing from a site is too high to go immediately into sewers / off-site drainage. Water that is 'rejected' from the outfall flows back up the system and into the geocellular structure, where it is stored until the allowable discharge rate from site permits the storm water to join the off-site network or water body. These will be installed below two areas of the Public Open Space. Geocellular structures store water underground, in a way that maintains structural integrity under the site and prevents leakage into the surrounding soil. The previous approved application (currently pending an appeal) proposed a different solution, being a detention basin within part of the Public Open Space area, which would fill during heavy rainfall events and then drain into the main system.
6.31 The Geocellular Attenuation Tank which are designed to reduce the potential impact of new and existing developments with respect to surface water drainage discharges. The applicant's consultants on this matter state (Drainage Statement); "3.5 The proposed surface water system is outlined for adoption by the MUA and is to be designed in accordance with the Manx Sewers for Adoption guidelines.
3.6 The surface water is proposed to discharge to the existing watercourse that runs in a south westerly direction on the south east boundary of the site and will be connected by a shallow swale that connects the new surface water infrastructure to the ditch through the existing flood plain. - 3.7 The surface water discharge rate will be restricted to an existing greenfield runoff rate based on 7 litres per second per hectare and restricted to a maximum rate of 7 litres per second to ensure no additional pressure is put on the existing watercourse and downstream system. - 3.8 The new impermeable area of the site is 4,130m2 . When the runoff from this area is restricted at 7.0 litres per second it will require storage of approximately 207m3 for a 100 year storm plus 30% allowance for climate change. - 3.9 The majority of the attenuation will be provided in the form of two underground geocellular tanks located above the existing 100 year flood level on site as detailed on drawing
22/392/500/001.
3.10 The proposed driveways to the dwellings are to utilise a permeable surfacing to reduce the volume of surface water runoff. However, to ensure a robust assessment of the proposed surface water drainage system the full 100% of their surface area has been included in the impermeable area for the storage volume calculations to allow for any runoff which may occur."
6.32 The current surface water runs directly from roof and hard surfaces (previous greenhouses) on the site into the existing ditches (along southern boundary of site) with no meaningful attenuation and runs into the surface water drainage network, in Little Meadow. Previously it had been indicated that there was hard surface run-off from the existing site totalling 3171sqm. The proposed site equates to 4130sqm of hard surfacing (i.e. roads, driveway, roofs etc). It should be noted that this is less than the previous approved application (18/00980/B) which had hard surfacing of 5049sqm. Due to this increase in hard surfacing and due to the sensitively to surcharging of the receiving surface water network, the above mentioned Geocellular Attenuation Tank is proposed to accommodate all hard surfacing on the site. The applicants advise that the proposals will reduce the amount of surface water entering the existing system and therefore can only have a beneficial effect on the flooding currently experienced in the locality. They comment that it would certainly not make the existing flooding any worse. - 6.33 Manx Utilities Drainage, Flood Management Division and Highway Services Drainage have all considered the application in details and following a number of discussions and amendment/additional plans have no objection to the proposal. Unlike the previous attenuation basin proposed, Manx Utilities have indicated that they can adopt the Geocellular Attenuation Tank (consisting of the proposed foul and surface water sewers, manholes and attenuation systems). - 6.34 There are two options in relation to this aspect of the proposal. Firstly, approving the application, and accepting that while the existing drainage system is clearly inadequate due to blockages and poor installation to the main system off site; this proposal would be an improvement in essentially reducing or preventing the amount of surface water into this
6.45 Due to this the applicants have proposed each dwelling having an air source heat pump and solar panels (drawing indicates "All solar panel positions shown on street elevation are indicative only and are to be determined by specialist designer / installer" - this could be conditioned). Added to this the dwellings would need to comply with current Building Regulations (SAP ratings). Accordingly, it is considered the proposal would meet the overall aims of the Climate Change Act to reduce CO2 emissions.
7.1 This application is recommended for an approval subject to a Section 13 Legal Agreement for eight affordable houses within the site and also the maintenance of the Public Open Space. It is understood that the Local Authority do not wish to maintain the POS. Accordingly, a private management company (31 dwellings forming a part of) which was created previously would be responsible for the maintenance of the POS or until such time the Local Authority or a Government Body are willing.
7.2 In terms of the Geocellular Attenuation Tank/drainage infrastructure (consisting of the proposed foul and surface water sewers, manholes and attenuation systems) Manx Utilities have confirmed that they are willing to publicly adopt such infrastructure, unlike the previous application (20/00740/B) where the S13 also required the management company would also maintain the drainage detention. However, since this time this issue has been considered further and it is understood that Manx Utilities are able to now adopt such sustainable drainage systems. It should be noted that Manx Utilities will only own and maintain the below ground structures and not the grassed area above i.e. POS. They have indicated that; "As part of the S8 agreement submission, there will be easements allowing MU access to undertake maintenance. The relevant section of the Sewerage Act 1999 also permit MU access onto land to undertake works on public sewerage.".
7.3 The S13 may also include a provision which confirms the applicants will not take up the previous planning application 20/00740/B which is currently pending an appeal; even if the application is approved, either by way of the Minister approving the application following an Appeal Inspector has considered it or should DOI Highway Services Drainage withdraw their appeal request (would automatically confirm approval). If this is not included then the previous planning application 20/00740/B will require to go before a Planning Inspector for consideration. - 8.0 CONCLUSION
8.1 Overall, for the reasons indicated within this report it is concluded the proposals complies with the relevant planning policies of the Isle of Man Strategic Plan 2016, the IOM Development Plan 1982, Manual for Manx Roads and Residential Design Guide 2021. Accordingly, on this basis it is recommended the application is approved subject to conditions as listed and subject to a Section 13 Legal Agreements.
9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
9.2 The decision maker must determine:
9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
This Officer recommendation to approve this application subject to the applicant entering into a legal agreement was originally considered at a meeting of the Planning Committee where the members determined to approve the application subject to a legal agreement securing provision of
Affordable Housing Public open space
At that meeting the Members wished it minuted that once such agreement was in place the decision to approve the application could be made under the authority delegated to an appropriate officer of the Directorate.
In accordance with that instruction, this application has been ultimately determined in that manner.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body 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:…22.05.2023
Signed : Chris Balmer Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
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