Officer Report

Application No.: 15/01148/B Applicant: Department Of Infrastructure Proposal: Demolition of existing dwellings and erection of replacement dwellings and apartments with associated car parking, roads and footpaths, landscaping and drainage Site Address: Clagh Vane Estate Ballasalla Isle Of Man IM9 2HE Case Officer : Miss S E Corlett Photo Taken: 05.11.2015 Site Visit: 05.11.2015 Expected Decision Level: Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE SCALE OF THE SCHEME

THE SITE

1.1 The site is part of the Clagh Vane residential estate which lies on the northern side of the A5 Douglas to Castletown Road. The estate is mainly public sector housing managed by the Department of Infrastructure. The estate is in the process of a scheme of renovation, enhancement and replacement which has seen the introduction of brand new units close to the main road of a modern and striking form, the upgrading of other properties together with reorganisation of parking areas and gardens. One part of the scheme proposed the erection of new dwellings on a former play area to the north east of the application site. This proposal, PA 13/91443/B proposed the erection of dwellings on the former playground which had been used as a site compound and the development was approved subject to a condition which read:

"The area shown on plan reference 11A, currently accommodating numbers 69, 71, 73, 75 and 77, Clagh Vane, or equivalent approved by the Planning Authority, must be set out and available for use as Public Open Space within twelve months of the date of the first occupation of any of the dwellings hereby approved."

1.2 These units are largely complete. - 1.3 The application site comprises numbers 2-44 (evens only) and 37 - 79 (odds only) Clagh Vane, arranged in a horse shoe shape with the central area occupied by the even numbered dwellings. Other than numbers 20, 22, 24, 26, 28 and 30, the houses are all two storey arranged in pairs, rows of three and terraces of four all with dashed rendered walls and tiled roofs. None of the properties has on site car parking and there is on-street parking available and within the centre of the horse shoe shape where the space is all hard surfaced and car parking spaces laid out. This is not particularly attractive, nor is it landscaped. - 1.4 There are a number of trees within the existing layout of various types, many close to existing buildings and others contributing to the overall streetscene with the various hedges and shrubs. THE PROPOSAL

2.1 Proposed is the demolition of the 42 existing properties and their replacement with 51 new units arranged in rows with plots 69, 71, 73, 75 and 77 left open as public open space. The dwellings are two storey, finished in self coloured render and with slate effect roofing. Each has a small front garden and larger rear private space bounded by walls and railings. Public open space will be

• provided at a rate of 582 sq m greater than the existing provision. 110 parking spaces will be provided for the 51 dwellings, which are off street but within laybys outside of each residential curtilage, but close by and with additional parking for 1-6, Kinnish Terrace alongside which has no on site car parking. The dwellings will be 2, 3 and 4 bedroomed and there will be 16 two bedroomed flats. Each path, parking area and public open space is overseen by the properties to deter criminal behaviour.
• 2.2 Public Open Space would be required at a ratio of 2466 sq m of formal open space, 822 sq m of children's play space and 1096 sq m of amenity space. What is proposed is 380 sq m of children's play space, 443 sq m of amenity space and what is referred to as 2839 sq m of formal open space. This is actually amenity space or could be children's play space rather than formally set out recreation space as is defined in the Strategic Plan.
• 2.3 The housing will be arranged around the horse shoe shape of the outer existing housing and that in the middle will be arranged in rows running perpendicular to this. The design of the units follows the simple traditional form of the cottages in the village and incorporating accessible entrances. An existing vehicular through route to the north of the housing is to be closed off to regular vehicular traffic but available to pedestrians, cyclists and emergency vehicles.
• 2.4 The development will be phased with the public open space in phase one with the southernmost dwellings although the public open space may be required to act as the contractor's site accommodation.
• 2.5 The new planting to replace the loss of existing trees will comprise alder, birch, dogwood, hazel, hawthorn, broom, holly, crab apple, mock orange, blackthorn, rose, willow, snowberry, guelder rose and rowan. The ornamental trees will be hornbeam, Japanese spindle, beech, escallonia and fuchsia and the larger standard trees maple, alder, snowy mespilus, birch, hawthorn, crab apple, cherry, pine, bird cherry, whitebeam, rowan and lime.
• 2.6 The traffic assessment provided with the application concludes that the proposal will result in no material impact on the highway network, the junction with Clagh Vane and the A5 having been improved and its capacity increased when an earlier phase of the redevelopment took place.
• 2.7 The existing foul and surface water drainage system will be used where appropriate and where there are unusable existing drains these will be filled in. Foul sewers are designed to be located within roadways and ultimately draining into the IRIS pumping station located adjacent to the Silverburn River whereupon the material will be pumped to Meary Veg for full treatment before being discharged to sea.
• 2.8 The surface water flow has been designed so as not to exceed the existing and as such not increase the risk of flooding downstream. The current arrangements have no provision for attenuation of the surface water flow. As proposed the scheme will involve some of the surface water being diverted to an existing attenuation system.
• 2.9 A number of the houses will be "low energy" units, continuing the type of development introduced within the Janet's Corner redevelopment. PLANNING STATUS AND POLICY

3.1 The site lies within an area designated on the Area Plan for the South adopted in 2013 as Residential. There are various references to the estate and the on-going renovation works there. - 3.2 As such, the development should accord with the general standards of development as set out in General Policy 2 as follows:

"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:

• 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;

• 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 and
• i) does not have an adverse effect on road safety or traffic flows on the local highways."

3.3 The Strategic Plan also requires that affordable housing is provided at a rate of 25% of new units proposed and that public open space is provided (see paragraph 2.2 above). These amounts should be applied to the net increase of units (ie 9 new units) as the majority of the housing proposed replaces units which are already there. The housing is all administered as public sector housing. PLANNING HISTORY - 4.1 Clagh Vane has been the subject of a number of applications for regeneration and redevelopment, none of which is particularly relevant to the current proposal, other than that for the former play area referred to in paragraph 1.1 above. REPRESENTATIONS - 5.1 Malew Parish Commissioners indicate that they have no objection (05.11.15).

5.2 Department of Infrastructure Highway Services have requested a deferral pending their input (11.11.15) but have indicated verbally that they have no issues with the scheme (19.11.15). ASSESSMENT - 6.1 The scheme represents an onward regeneration and improvement of the estate, both aiming to enhance the visual character of the estate but also the provision of more appropriate levels of car parking and public open space and ensuring that the housing meets today's standards of accessibility and designing out crime. The Department of Infrastructure is also aware of the need and policy requirement to optimise the development of sites as set out in Strategic Policy 1 and paragraph 4.13.2 of the Area Plan which states:

"To this end, the Department will ensure that a density level on the sites is realised which makes best use of the available land and seeks to optimise the number of dwellings on the site. This should not be taken to be an opportunity to seek maximisation of the site much more a considered approach to ensuring that the best use is made of the site taking full consideration of all material considerations."

6.2 The dwellings will be set out with adequate levels of amenity space, both public and private and with more convenient and better laid out car parking opportunities. Drainage will be enhanced, reducing the amount of surface water discharging unmodified to the system.

6.3 A landscaped area is to be introduced in front of the southernmost houses beyond which will be the gables of the houses.

6.4 The scheme will complement the work already done within Clagh Vane which is gradually upgrading not only the appearance of the area but also the levels of amenity - car parking and outlook for the residents and making better use of the available building land. The application is therefore considered to be acceptable and is recommended for approval. - 6.5 The timely delivery of the public open space is essential to the success of the scheme and its accordance with the Strategic Plan. Whilst the public open space was required to be provided and available for use within 12 months of the occupation of the first dwelling within the earlier housing development, the construction of the development now proposed is likely to take longer than that (November 2016) and as such, the applicant has queried whether it would be possible to defer completion and use of the play area until a later date. They would like this time period to be somewhere in the region of 12 months after the completion of the present development but would suggest that if this is too long a period, perhaps the public open space could be required to be completed and available for use by the time half of the houses hereby approved are completed.

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 Highway Services 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:

20.11.2015

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.

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: the landscaping of the site is an integral part of the scheme and must be implemented as approved.

• C 3. If the development hereby approved is commenced, the public open space shown in the approved drawings must be available for use as such and planted in accordance with the approved drawings prior to the occupation of 50% of the dwellings hereby approved.

Reason: to ensure that the development has adequate levels of public open space in accordance with the Strategic Plan and to accord with that earlier decision.

This approval relates to drawings 01, 02D, 03, 04, 06, 07, 08, 09, 10A, 11, 16, 17, 18A, 21, 22, 23, 24, 7_300_P1, 7_301_P1, 7_302_P1, 7_303_P1, 7_304_P1, 7_305_P1, 7_306_P1, 7_307_P1, 7_308_P1 and PL397/02A all received on 14th October, 2015.

Decision Made : ……PER…… Committee Meeting Date:…30.11.2015

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.

Signed :……M McKNIGHT…………….. Presenting Officer

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

Signatoryto delete as appropriate YES/NO