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Application No.: 23/01402/B Applicant: David Humphrey Proposal: Erection of 3 no. detached dwellings on site of 3 no. detached dwellings approved under PA19/00137/B Site Address: 8, 9 And 18 Ballahick Way Reayrt Mie Ballasalla Isle Of Man IM9 2BH Planning Officer: Mr Hamish Laird Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 23.02.2024
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 avoid disturbance or injury to spawning fish, or to the spawn and fry of fish, during the season in which they are most at risk.
Reason: to allow DEFA Fisheries to provide advice on a suitable approach to construction, in order to reduce the possibility of injury or disturbance of fish within the river.
Reason: To ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs as the landscaping of the site is an integral part of the scheme and must be implemented as approved.
been consolidated and surfaced (not loose stone or gravel). The access shall be maintained as such thereafter.
Reason: In the interests of highway safety.
the existing footway on the southeast side of the A5 between the new access and the junction of Ballabridson Park and the section of Ballahick Lane between the A5 and the site are constructed in accordance with those approved details.
Reason: In pursuit of sustainable transport objectives.
Reason: to ensure that the facility is maintained to accommodate water from the proposed development.
Reason: to ensure the provision, establishment and maintenance of a reasonable standard of landscape in accordance with the approved designs.
Reason: To ensure that the development minimises its impact on climate change by utilising renewable energy in accordance with the provisions of Policy GP2 n) of the Adopted Isle of Man Strategic development Plan (2016).
N 1. FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.
You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.
To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.
This application has been recommended for approval for the following reason.
It is considered the proposal would not have any significant adverse impacts upon public or private amenities and would therefore comply with Strategic Policy 1, 2, 3, 4, 5, 10, 11, Spatial Policy 3&5, General Policy 2, Environment Policy 4 & 42; Housing Policy 1, 2, 3, 4, 5; Transport Policy 1, 2, 3, 4, 6, & 7; Infrastructure Policy 1, 2 and Energy Policy 5 of the IOM Strategic Plan 2016, and the Residential Design Guide 2021. It is recommended that the planning application be approved for the reasons given subject to the previous Section 13 Legal Agreement and the conditions listed.
Plans/Drawings/Information; The development shall be carried out in accordance with the approved documents and drawings:
all received and date stamped 6 December, 2023. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________
1.0 THE SITE - 1.1 The application relates to part of the second phase of a three part development for the provision of residential accommodation and a link (Ballasalla) Bypass from Balthane Corner to Glashen Hill in Ballasalla.
1.2 This application was previously considered by the Planning Committee under:
Ref: 19/00137/B - Residential development comprised of 282 dwellings, associated highway and drainage infrastructure and public open space, and the construction of a new by-pass road between Douglas Road and the rear of Railway Terrace to include a new roundabout on Douglas Road and a bridge over the IOM Steam Railway line; and,
22/00139/B - Erection of 107 dwellings (amendment to dwelling types approved under PA 19/00137/B) (see 4.0 planning history) and approved with a number of conditions and subject to a legal agreement for 282 dwellings (phase 1 and 2)
1.3 Part of the 2019 approval has been implemented (phase 1) to the north of the railway line has been built with many of the dwelling houses sold and now occupied. Also built is the road network and part of the bypass is already under construction and the bridge over the Steam railway underway and functioning. The housing for Phase 2 has not started but the infrastructure for the bypass and engineering works has begun on site. The application site itself lies on the SW side of the access track leading to Ballahick Farm which is located approx. 300m to the south-east. - 1.4 The Isle of Man Steam Railway runs in a shallow cutting along the northern site boundary. In addition, residential development, with some forming part of Phase 1 and more established dwellings located in Ballabridson lie on the northern side of the railway.
2.0 THE PROPOSAL - 2.1 This application seeks permission to alter the house types on certain plots within the area defined as phase 2, "Reayrt Mie", essentially to provide an updated house designs to reflect current demand. In so doing, it involves the erection of 3 detached dwellings on the site of 3 previously approved detached dwellings on Plot nos. 8, 9 and 18 Ballahick Way. The plot sizes remain the same as previously approved. The new dwelling types and those that they would replace are:
2.2 In terms of size, scale and appearance the proposed Beech 21 House Types are similar to those of the Redwood house type. The Beech 21's have a narrower front projection gable, and have a full-width porch over the garage door and front door. These are replaced with a porch over the front door only. The Maple House Type differs to the approved Hazel House Type in that it would have first floor accommodation over the garage to provide a 4-bedroom unit as opposed to the ground floor only garage for the Hazel, which is a 3-bedroom unit. The Maple would also have a centrally located 2-storey forward projection to the front elevation and would appear 'handed' in relation to the approved Maple House Type for the adjoining plot B131 located immediately to the north-west. The relationship with surrounding dwellings on this part of the estate would remain unchanged to that previously approved by PA 19/00137/B, and PA22/00139/B. - 2.3 A covering letter accompanying the application, the applicant advises: "The application in essence seeks consent for a change of dwelling types on 3 plots within
The land is designated as Proposed Residential, Industrial, Public Open Space, Community facility on Map 4 (Ballasalla) of the Area Plan for the South. The land is also linked to the Written Statement with Notation No.3. The application site is not within a Conservation area, or within an identified area as being at flood risk.
3.1 A previously prepared Development Brief (see PA19/00137/B) for this section of land at para 4.29, identifies the possible uses of the land and that considerations should be given to the Ballasalla bypass route to the corner of Balthane, the junction details, potential site of archaeological significance, drainage masterplan, and protection to prevent any contamination of the Glashen Stream. - 3.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application: Strategic Policy
Spatial Policy
5 Building in defined settlements or GP3 General Policy
Environment Policy 4 Wildlife and Nature Conservation 42 Respect the local character and identity
Housing Policy
Business Policy 10 Retails in designated areas
Recreational Policy
6 Equal weight for vehicles and pedestrians 7 Parking Provisions
Infrastructure Policy
Energy Policy
3.4 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. - 4.0 PLANNING HISTORY
4.1 19/00137/B - Residential development comprised of 282 dwellings, associated highway and drainage infrastructure and public open space, and the construction of a new by-pass road between Douglas Road and the rear of Railway Terrace to include a new roundabout on Douglas Road and a bridge over the IOM Steam Railway line. Fields 434764, 434116, 432719, 432607, 432608, 434113, 434114, 434115, 434089, 434090, And 434091 Douglas Road Ballasalla. APPROVED subject to a S.13 legal agreement with 19 Conditions by Planning Committee on 15/07/2019. Most of these conditions relate to the bypass and phase 1 of the development and highways infrastructure. Approved
4.2 22/00139/B - Erection of 107 dwellings (amendment to dwelling types approved under PA 19/00137/B) (see 4.0 planning history) and approved with a number of conditions and subject to a legal agreement for 282 dwellings (phase 1 and 2) - 4.3 21/01262/B - Third phase of development consisting of 128 dwellings, a neighbourhood centre with children's nursery and local shop units, and public open space including a children's playground - Field 434091 & Parts Of Fields 435106 (formerly 432719), 434974 (formerly
434089) And 434090 Adjacent To Railway Terrace, Ballasalla. APPROVED subject to a legal agreement with 14 conditions. Approved
4.4 20/00124/MCH - Minor changes application for PA 19/00137/B involving alterations, traffic calming features, new footpath link and pedestrian link. Field 434764, Douglas Road, Ballasalla. Approved. - 4.5 23/00451/B - Erection of 13 terraced & semi-detached dwellings on the site of 9 previously approved detached & semi-detached dwellings on no.s 19 to 23 & 30 to 33 Faragher Road, and amendments to rear plot boundaries and adjacent footpath, bin collection point & parking spaces for no.s 40 & 41 Faragher Road at 19 To 23 & 30 To 33 And 40 & 41 Faragher Road, Phase 2, Reayrt Mie, Ballasalla, IM9 2BL. Permitted - 17/12/23 - (S13 Agreement varied) - 4.6 23/00462/B - Alterations to layout of footpaths, car parking area and plot boundaries at Land Adjacent To Plots C74-C75 Crellin Close & C87-C91 Shimmin Road, Reayrt Mie Phase 3, Ballasalla, Isle of Man, IM9 2BR
5.0 REPRESENTATIONS (in brief - full reps can be read online)
5.1 Malew Commissioners (10/1/24) raises 'no objections'.
5.2 DoI - Highways - 23/01402/B - (15/12/24) has no highway interest.
5.3 There has been no other comments received from interested parties or stakeholders.
6.1 The proposal is relatively straight forward and has come about to reflect market demand for housing types, that would see similar, albeit, different styles of property on the same plots as previously approved. The overall design, appearance and character would be reflective of what is already approved and used in the phases 2 and 3 of the proposal and the choice of materials would reflect this. - 6.2 The principle of the proposal would be acceptable, with a neutral impact upon the visual amenity within the streetscene and would not be considered to have any detrimental impact upon any of the neighbour's amenity. Likewise, there are no outstanding issues raised with regard to drainage, flooding or highway safety. This proposal would not alter the affordable housing provision or open space requirement already approved, and no variation of the S13 Agreement signed to cover the 19/00137/B development to provide open space and Affordable Housing is required. - 6.3 With regard to conditions and transfer of those from the former application, the previous 2019 application discharged those onerous conditions that required further information, namely; 3,4,12,13,14,15,16,17,18. The remaining conditions; 1 - four year rule 2 - Implementation of the bypass
6.5 There would no harm arising to either the occupants of the new dwellings or occupants of neighbouring and nearby dwellings arising from the changes to the dwellings designs. This accords with Policy GEN 2 g) and h) of the Strategic Plan. - 7.0 CONCLUSION
7.1 The application site is identified for development and the proposal is judged to comply with the site allocation. As such, it is recommended that the planning application be approved for the reasons given above and the conditions listed. - 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:
8.2 The decision maker must determine:
8.3 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.
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Permitted Date : 01.03.2024 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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