Officer Report

Application No.: 15/00212/B Applicant: Heritage Homes Limited Proposal: Erection of 8 dwellings (amendment to PA 13/00777/B) Site Address: Plots 94-100 Residential Estate Under Construction Land At Ballakilley Port Erin Isle of Man Case Officer : Miss S E Corlett Expected Decision Level: Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE AND AS THERE IS A REQUIREMENT FOR A LEGAL AGREEMENT TO SECURE AFFORDABLE HOUSING.

This application, along with PA5/00211/B were considered by the Planning Committee on 20th April, 2015 and 1st June, 2015 respectively and in both cases the Committee indicated that they would approve the application if there were in place legal Agreements to modify the existing Agreement, to require the provision of two further affordable units reflecting the fact that the two applications resulted in 7 additional dwellings which generates a requirement for there to be a further 1.75 affordable units provided in accordance with Housing Policy 5. The Planning Committee wished it to be noted that the affordable units resulting from this development should be provided on site rather than as a commuted sum as the type of housing being proposed here and elsewhere within this estate is suitable for first time buyers whereas there is limited opportunity for new affordable units elsewhere in the south.

Following discussions with the former Department of Social Care, now Department of Infrastructure Housing, the applicant is now seeking not to have to provide the additional two units (rounded up from 1.75). The reason for this is given below in the Assessment section.

THE SITE

1.1 The site is part of the area where 155 plots and associated dwellings and infrastructure were approved, constituting the now developing Ballakilley estate located on the north western side of Church Road on the outskirts of Port Erin but within the parish of Rushen. The area of the current application is in the centre of the estate, to the south west of the public open space. - 1.2 As approved the development incorporates 7 dwellings including three larger houses - Oak and Silverdale types. THE PROPOSAL

2.1 Proposed is the erection of 8 dwellings - one additional dwelling and all Maple or Hazel which are similar to what has approval but without the larger Silverdale and Oaks. An amendment has been undertaken to address issues raised by Department of Infrastructure

Highway Services: the driveway to plot 94 has been widened and the property moved back by 1m on the plot.

PLANNING POLICY AND STATUS

3.1 The site is identified as a development area in the Area Plan for the South of 2013. In this plan fields 414546 and 411529 are designated as Proposed Residential, field 414532 is designated as Open Space for particular purposes, and field 414214 as Playing Field/POS/Cemetery Extension (proposed). The part of the site which is identified as suitable for residential development is within the extended settlement boundary for Port Erin/Port St. Mary and Rushen in this area. There is a development brief which accompanies this area as a whole which is referred to as Site 23.

3.2 The development brief is as follows: - 4.63 Site 23 Location: Land at Ballakilley, Port Erin/Rushen Size of Site: 17 ha (total) 6.8 ha (Predominantly Residential - Proposed) Previous designation: Field 4050 Open Space (Agriculture) Port Erin Local Plan 1990. The remainder, in Rushen, (identified on the Arbory and East Rushen Local Plan 1999) was identified for Recreation, Civic Uses and Southern Community Hospital, plus an extension to the Rushen Cemetery. Proposed designation: Predominantly Residential (proposed) / Recreation / Open Space / Cemetery Extension Site Assessment Framework (Residential Score): 53/68

• 4.63.1 The site, which is known locally as Ballakilley, is on the north eastern outskirts of Port Erin but falls largely within the Parish of Rushen. The land itself forms part of the wider green tract of land which separates Port Erin, Ballafesson, Ballakillowey and Port St Mary.

• 4.63.2 The Department has taken into account the site's position on the edge of Port Erin; its relatively level characteristics and its appearance in the landscape. Also recognised was the general desire to have more recreational facilities in and around Port Erin as well as its proximity to existing facilities, schools and transport links. The Department is satisfied that there is a need to release more land for housing development in the South and that this land scored well in its assessment through the Site Assessment Framework. It is equally aware of the concerns raised about allowing any development at Ballakilley; clearly it is important to get the right balance of uses on this land.
• 4.63.3 The Department of Education and Children (DEC) no longer requires Field 5737 for educational purposes. The DEC now proposes to extend facilities on the existing Rushen Primary School site. The Department of Social Care (DSC) no longer requires land for the Southern Community Hospital, being content with the development at the new Southlands.
• 4.63.4 The Department recommends that part of the site would be suitable for housing; indeed, there is an opportunity to soften the rather abrupt eastern edge to the Ponyfields development. However, it is also important to ensure that the separate identities of Port Erin and Ballafesson are protected by the provision of an effective Green Gap between the two. Protecting the setting of Rushen Church and its environs is also a priority. In addition to housing, other uses which should be integral to an overall scheme include an extension to the cemetery, a sports pitch/training pitch and associated facilities, public open space for play and general amenity and an element of public car parking. Analysis of the current provision of formal open space within Port Erin has been undertaken using the Open Space requirements within the Isle of Man Strategic Plan, 2007 (Appendix 6). This would suggest that based on the 2006 population levels in Port Erin there is a requirement of 6.44 ha of formal open space. The current provision of such land in Port Erin is 2.86 ha. The overall shortfall of 3.58 ha can be accommodated at Ballakilley on the land designated for such uses.

4.64 Development Brief 23 This development brief relates to field numbers 411529, 414546, 414532, 414214.

1. General Any detailed application to develop the Ballakilley site must be accompanied by and form part of a Master Plan for the whole site (unless the detailed application covers the whole site). The Master Plan must accommodate the various uses identified below and any application must satisfactorily address the matters of phasing, landscaping, vehicular and pedestrian access, drainage and overall integration of the various uses to the existing community. Any detailed application and Master Plan must demonstrate:

• 1.

• a. a lower density of development and suitable landscaping in the vicinity of Rushen Cemetery in order to protect its setting and the function of the wider area as a Green Gap;
• b. that the first phase of housing development will be in Field 411529 extending northwards in a progressive manner; and
• c. that any structural planting/landscaping will be provided during the first phase of housing development. This structural planting should seek to soften the current "hard edge" appearance of the existing housing and future edge of development.

• 2. Drainage A Drainage Master Plan must also be included following discussion with the Isle of Man Water and Sewerage Authority. This is to ensure adequate arrangements for the position of tail connections and surface water discharges. Further modelling will be required to agree all discharge points.
• 3. Residential Use The residential area shall be restricted to fields 411529 and 414546 as indicated on Inset Map 7 and must include a mix of house types. The layout and design of the new housing must be such as: to create a sense of place recognising the site's position at the edge of the built up area of Port Erin; to respect the amenities of existing adjoining dwellings and residents; to take account of Rushen Cemetery which projects southwards from Barracks Road; and to result in a landscaped, soft edge to the development which forms the boundary between Port Erin and the Parish of Rushen.
• 4. Affordable housing must be provided in accordance with the approved standard for that particular time (current requirements are set out in Housing Policy 5 of the Isle of Man Strategic Plan, 2007).
• 5. Recreation Use Sufficient land must be set aside on either Field 414532 or 414214 to accommodate a sports pitch, and a training pitch (approximately 4 ha in total) and this must be shown on the Master Plan. Any building(s) normally associated with such uses, such as changing facilities or groundsmens' stores may be acceptable, together with an area of public car parking. Any such buildings/car parking, should be modest in size having regard to their function, and should be so sited as not to threaten the overall function of the land as a Green Gap.
• 6. Rushen Church Cemetery Extension Provision must be made for a cemetery extension which may include an area for a green cemetery or natural burial ground (this is generally a burial area with no headstones, sculpted markers or permanent vases. There are normally no manicured lawns or paved roads/paths). This extension may, until such time as it is required, be used as public open space and laid out as such. The area intended for the cemetery extension must be shown on the Master Plan.

• 7. The land identified in points 5 and 6 above must be available for such uses even if taken forward/delivered by others during or after the completion of the other elements of the development. It is recommended that in order to facilitate the provision of:

• i. the sports pitches - that dialogue is maintained between the developer, landowner/trustees, the Ballakilley Working Group, local sports clubs and Local Authorities; and
• ii. the Rushen Church Cemetery extension - that dialogue is maintained with the Rushen Burial Ground Authority.

The land set aside for i. and ii. above does not negate the need to provide adequate public open space on fields 411529 and 414546 in line with Recreation Policy 3 the Isle of Man Strategic Plan, 2007, or its replacement.

• 8. Public Open Space All land identified as public open space must be designed and retained for the long term for the purposes of play and amenity (unless it forms the area identified for the cemetery extension - see point 6 above). Planting and landscaping methods must be suitably designed with convenient footpath access. The possibility of incorporating community woodland should be explored as part of any scheme.
• 9. Access The main vehicular access to the residential area should be from Church Road entering into field 414546 and must be landscaped to soften its appearance. This new junction and road should allow vehicular access to the proposed residential area and have the ability to access any future car park or ancillary buildings associated with the recreation /sports pitches. Advice from the Highways Division (DoI) should be sought on this matter.

3.3 The following Strategic Plan policies are considered relevant in terms of this development:

• i) Strategic Aim: "to plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting and improving the quality of the environment, giving particular regard to our uniquely Manx natural, wildlife, cultural and built heritage."
• ii) Strategic Policy 1 which states: "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 and amenity standards and c) being located so as to utilise existing and planned infrastructure, facilities and services".
• iii) 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:

• 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 space 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 adverse 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."

• iv) Strategic Policy 10: "New development should be located and designed such as to promote a more integrated transport network with the aim to: a) minimise journeys, especially by private car; b) make best use of public transport, c) not adversely affect highway safety for all users, and d) encourage pedestrian movement."
• v) 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."

x) Appendix 7: "New built residential development should be provided with two parking spaces per dwelling, at least one of which should be within the curtilage of the dwelling and behind the front of the dwelling, although the amount and location of parking will vary in respect of development such as terracing, apartments, and sheltered housing.

PLANNING HISTORY

4.1 The site has been the subject of a previous application which approved the development of 155 dwellings and associated public open space, drainage and road network (PA 13/00777/B). This has been amended in a small number of areas although no change has been made to the overall number of dwellings approved. A contemporaneous application for the increase of ten approved dwellings to sixteen has been approved - PA 15/00211/B and this is subject to an amended legal agreement to provide an enhanced number of affordable units. REPRESENTATIONS - 5.1 Department of Infrastructure Highway Services seek a deferral pending reconsideration of the access to plot 94 (27.03.15).

5.2 Rushen Parish Commissioners raise no objection to the application (27.04.15).

5.3 Port Erin Commissioners support the application (18.03.15)

5.4 Department of Health and Social Care submit the following comments (18.03.15):

"Further to your two memoranda of 4th March 2015, I confirm that I have looked at the above applications and I have considered the provision of the 25% affordable housing requirement in these two applications as an amendment to PA 13/00777/B.

Although the timing of this development and the relatively rapid progress by the developer in building the new homes on this site is in advance of the immediate need for additional affordable homes, these two revisions to the site masterplan does increase the overall number of units on the site and this should be reflected in the contribution to affordable housing referred to in Housing Policy 5 of the Strategic Plan 2007 if it has an impact.

These two applications advise that the amended site plan will increase the number of units on the whole site to 163 properties. A Section 13 Agreement was agreed for the original application on the basis of 156 units and resulted in a contribution of 39 affordable homes (156 x25% =39). On my calculation the contribution should be amended to reflect the overall growth of 7 units which would be based upon 163 x25% = 40.75. My proposal would be that if the Planning Committee is minded to approve the application then it should be conditional upon preparing an amended Section 13 Agreement to provide an additional contribution of 1.75 units as a commuted sum."

ASSESSMENT

6.1 The change in house types and numbers will have a number of impacts: firstly on the assessment of the need for affordable housing (Housing Policy 5) and public open space (Recreation Policy 3): secondly on the amount of traffic using the estate roads and highway network more generally; thirdly the appearance of the estate as viewed from inside and without and finally on those existing and proposed properties close by.

6.2 The affordable housing requirement will not alter significantly as a result of this current application which proposes only one additional unit. However, taking into account the additional 6 dwellings approved under PA 15/00211/B it is recommended that there should be additional provision for two affordable units (rounding the 1.75 units up to 2) which is generally accommodated through a legal agreement under Section 13 of the Town and Country Planning Act 1999.

6.3 In terms of public open space, there is a significant release of formal playing pitches as part of this development and there is provision within the estate for children's play and amenity space. The proposed development will add an additional 42 sq m to the requirement for this. As this is a relatively small amount and there is the opportunity for the provision of further public open space alongside the extension to the cemetery to the north east, it is not proposed that this deficiency in public open space standards is taken as a reason for refusal of the application.

6.4 The addition of one further dwelling would not significantly add to the amount of traffic coming to and going from the estate and the arrangements for access and parking are similar and marginally improved from what had approval. As such it is not considered that the application should be refused for reasons relating to highway safety.

6.5 The change in house types is unlikely to have a significant impact as the house types are similar to those used elsewhere in the estate and all fit comfortably onto their respective plots.

ASSESSMENT OF THE AMENDMENT TO THE PROPOSAL FOR THE PROVISION OF AFFORDABLE HOUSING

7.1 It is the position of the Housing Division of Department of Infrastructure that the changes in the layout, number and value of homes now being proposed here, reflecting current demand, has resulted in a higher level of cost per unit and a corresponding lower level of economic gain from the development. Department of Infrastructure Housing also advise that at the current time there are sufficient levels of affordable housing being provided under the existing legal agreement to meet current needs. It is also their belief that the developer is correct in saying that if they continue to build the layout as originally approved there is likely to be inertia in the market for the larger houses which were approved and this will lead to the development not being completed.

7.2 The situation regarding affordable units is clearly currently changing and this site is not unique in the south in terms of the original agreement for the delivery of affordable housing requiring or desiring change to allow development which is attractive to buyers and tenants to be delivered. In this case there would not appear to be a current need for two further

affordable homes in terms of first time buyers or public sector housing in this location on this estate which is the critical issue. Whilst it could be argued that needs may change in years to come, there needs to be a balance between reserving property for potential future need and the desirability of allowing a current development site to continue and be completed, for the benefit of those who see it and those who will live within the estate.

7.3 It should certainly not be taken that this recommendation, which is that the legal agreement for the affordable housing to be delivered as part of the original layout should not be changed, effectively allowing an increase of 7 dwellings without any corresponding contribution to affordable housing, should represent some sort of precedent for the nonapplication of Housing Policy 5. The recommendation is being made on the basis of the circumstances in which the request is being made and the recommendation of Department of Infrastructure Housing whose responsibility it is amongst their other roles, to assist in the delivery of affordable housing throughout the Island.

PARTY STATUS

7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material, in this case, Department of Infrastructure Highways and Housing and (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation: 26.05.2015 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Other than as specified in the approved phasing schedule, all 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 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.

Reason: so that the development sits comfortably into its environment.

• C 3. The Public Open Space within fields 411529 and 414546 (the residential part of the development) must be finished and available for public use prior to the completion of the residential development. Reason: to accord with Recreation Policy 3 of the Strategic Plan.
• C 4. The Public Open Space proposed for fields 414532 and 414214 (the recreation, public open space and burial facilities) must be made available for public use prior to the completion of the final two dwellings of the residential development. Reason: to accord with Recreation Policy 3 of the Strategic Plan.
• C 5. Prior to the occupation of any dwelling, there must be between the property and the A29 Church Road an access including footways constructed to at least base course level and adequately lit.

NOTE: The applicant should take all reasonable steps to ensure that roads and footways are usable by those who may be occupying the completed houses whilst construction continues elsewhere on the estate.

Reason: in the interests of highway safety and residential amenity.

• C 6. Prior to the occupation of any dwelling appropriate traffic calming features to ensure that traffic travels at a safe speed must be installed to the satisfaction of the Planning Authority.

NOTE: this may include temporary traffic calming measures to be installed whilst the carriageways are being used by construction traffic as well as permanent features which will be retained once the roads are completed, The applicant should liaise with the Highway Authority in this respect.

Reason: in the interests of highway safety.

• C 7. No dwelling shall be occupied until the vehicular access has been provided where shown on the approved plans and in all cases space has been laid out for at least two motor cars to be parked in accordance with the drawing 17.02 P3. These vehicle parking facilities shall thereafter be retained for use in conjunction with the relevant dwelling.

Reason: this condition is imposed in order to ensure that reasonable and adequate parking space is provided to meet normal parking demands and avoid the need for vehicles to be parked on the highway where they could adversely affect the safety of other highway users.

This approval relates to drawings 2359.50.06B, 2359.50.05B both received on 27th April, 2015 and 2359.50.07A, APL_106.01, APL_111.01 and 2359_APL_119.01 rev H all received on 25th February, 2015.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : Approved Committee Meeting Date: 24.08.2015

Signed : Miss S E Corlett Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph).

Signatory to delete as appropriate YES/NO