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Application No.: 20/00740/B Applicant: Keldevelopments Limited Proposal: Erection of 27 dwellings with associated access, drainage, and open space Site Address: Part Of Field No. 121388 And Former Dale Nurseries Oatlands Road Andreas Isle Of Man IM7 4ER Principal Planner: Mr Chris Balmer Expected Decision Level: Planning Committee Recommended Decision: Approve subject to Legal Agreement Date of Recommendation: 28.04.2021 _________________________________________________________________
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.
season with another of similar size and species unless the planning authority gives written consent to any variation.
Reason: To ensure the provision of an appropriate landscape setting to the development and to protect amenities of neighbouring amenities.
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 control development in the interests of the amenities of the surrounding area and to ensure visibility is not impeded by building/structures forwards of the dwelling on Plot 3.
Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.
N 1. The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 10th May 2021. The issue of the decision notice has been triggered by the Section 13 agreement having been concluded. The 21 days for appeal (for those with Interested Person Status) runs from the date of the decision notice.
It is concluded the proposals complies with the relevant planning policies of the Isle of Man Strategic Plan and the IOM Development Plan 1982 and Residential Design Guide 2019. Accordingly, on this basis it is recommended the application is approved subject to conditions
Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers all received;
1st February 2021 002 REV L 500 REV A
10th July 2020 110 REV A
TSE-17320 TSW-17320 TPE-17320r1 TPW-17320r1 TRW-17320r1 TRE-17320r1
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 21 Little Meadow, 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.
It is noted that a copy of a letter signed by local residents against the building of 17 houses (PA 18/00980/B) at the site was included as part of the submission of the owner/occupier of 21 Little Meadow, Andreas. However, this signed letter does not refer to the current proposal in terms of description or refer to the current application number. Accordingly, it is not considered the address listed (see paragraph 5.9 of this report) can be considered in terms of Interested Person Status. _____________________________________________________________________________
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
0.0 PREAMBLE - 0.1 The planning application was deferred by the Planning Committee in order that the heads of terms of the Section 13 agreement be clarified with regard to the drainage and Public Open Space. - 0.2 Since this time the applicants have provided the following comments: "To keep you in the loop I write to advise that I have today made a verbal approach to the Andreas Commissioners offering to deposit on behalf of the developer a maintenance fund of £5000.00 with them, this to be used only for the maintenance of the open space at the development. This will be subject to a formal legal agreement and the developer will meet all legal costs associated with it.
As you are aware the planning committee, through their deliberations, were concerned that the formation of the management company would be an unnecessary burden on the first-time buyer element of the development. Whilst the costs are not finalised, from the initial quotations received that equates to circa £40.00 per year per household or 77 pence per week per household, we accept their decision (don't see the logic in causing the delay but accept nevertheless) to defer the decision-making process pending the intervention politically to regularise the sustainable detention basin type storm water design.
As I understand it MU, as part of the on-going response to the climate change emergency, is looking at sustainable drainage options of which the detention basin option is one. The problem then exists that in statute there is no requirement for them to adopt the solution being proposed. Clearly this needs to be urgently addressed and then the matter of adoption will fall to the MU.
Our development if granted approval on the basis that the adoption of the PoS is in temporary abeyance can then progress. I set out a simple timeline:
Activity Date Pay commissioners a legal maintenance retainer April 2021 Planning approval granted with condition relating to PoS April 2021 Construction period June 2021- Dec 2022 PoS maintenance March 2023 November 2027 MU and Central Government agree detention basin adoption format April 2021 - March 2028
I may be over simplifying the matter but it seems that seven years to agree the practicalities and legal requirements for a detention basin adoption does not appear too onerous a burden on the departments involved; especially as the climate change issue is high on everyone's agenda. In return Andreas and the North gets the benefit of 27 new homes, 5 of which are first time buyers, the commissioners benefit from the rated income, the school, pub, shop and other local amenities are supported through additional community involvement.
Can you please discuss this proposal at whatever level you feel appropriate and press that this is urgent to allow the development to proceed?"
0.3 Further It has been acknowledged that while utilising sustainable drainage systems is an appropriate means to deal with surface water drainage and is a recommendation set out in the National Strategy on Sea Defences, Flooding and Coastal Erosion, there is no agreed mechanism for their future maintenance, nor a requirement that either the local authority or Manx Utilities adopt them. Officers within Government are pursuing a resolution to this
1.0 SITE - 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 maim section almost L-shaped) which is currently 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.
2.0 PROPOSAL - 2.1 The application seeks approval for the erection of 27 dwellings with associated access, drainage, and open space. 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. - 2.2 The proposal includes a total of twelve houses types, ranging from detached bungalows, semi-detached bungalows, two storey terraces, two storey semi-detached properties, and two storey detached properties. The dwellings would be finished in a mixture of painted render, slate effect concrete tiles, and slate grey aluminium/uPVC windows
2.3 A total of 2089sqm of public open space is proposed within the site, the main part within the centre section of the site. Further, more useable Public Open Space can be found to the southern corner of the site (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.
3.0 PLANNING POLICIES - 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. - 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."
4.1 The following previous planning applications are considered relevant in the assessment and determination of this application: - 4.2 Residential development of 17 dwellings with associated roads, plots and drainage 18/00980/B - APPROVED. - 4.3 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 - 4.4 Extension to existing glasshouses for preparation of plant feed, Dale Nurseries Ltd, Andreas - 85/01119/B - APPROVED - 4.5 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 (20.08.2020):
"I have to inform you that Andreas Parish Commissioners have now considered the above plans
(Flood Risk Assessment) "Item 2.1 - The mechanism of flooding at the site and in the locality of Little Meadow is well known and demonstrated within detailed technical reports commissioned by the MUA and which BB Consulting have seen. The flooding is a result of flow backing up in the existing culvert at Little Meadow, which in turn is due to the inadequate capacity of the existing sewer network within Bride Road and backfalls within the local drainage network."
To date the Commissioners have not had sight of these technical reports from the MUA, nor any satisfaction in their previous request to rectify the issues causing the flooding. This same issue was raised in October 2018 (copy attached for reference) when the initial application was made and whilst some remedial repairs have taken place, the problem within Bride Road still remains as the works were never completed conclusively.
However, on 19th August the Commissioners met locally with representatives of the MUA who have advised that the wider issue of the main drain in the village into which the surface water from this development ultimately discharges is currently being assessed and remedial works are to begin imminently.
There remains concern within the Commissioners regarding the upkeep and maintenance of the retention basin within the site, designed to collect all excess water should the volume exceed the existing drainage system design capability in any single rainfall event. It is felt that any additional maintenance of this area over and above the standard requirements of grass cutting should not be borne by the rate payers of the Parish.
Again, following the Commissioners meeting with the MUA on 19th August they (the MUA) have advised that it is their sole responsibility to permanently maintain the discharge mechanism from the retention basin and subsequent flow throughout the local drainage network.
The Commissioners are further concerned that the parking allocation within the proposed development will not be adequate and will restrict access for Service vehicles (e.g. Emergency and Refuse). This in turn will also increase propensity of roadside parking in an area which by the very nature of the development may well have a higher density of younger children thereby creating an additional but avoidable safety risk. Whilst it is accepted that the parking allocation meets the required numbers for the size of the development, it is a fact that this site is within a rural area which already has few and at times inadequate public transport options. The opportunity for employment in the area is extremely limited so it would be prudent to assume that many householders may well have additional vehicles to commute to their workplaces. The Commissioners, therefore, request that consideration be given to encompass additional overspill parking within the proposed development.
This could be achieved by utilising some of the grassed areas, which, as, by their own admission, the developers do not consider a play area priority due to the close proximity of the village Sports Field.
Only when the above issues have been addressed satisfactorily will Andreas Parish Commissioners feel confident in supporting the development."
Having considered all the submissions which seem to seek resolution to the potential successful drainage of the site, the Commissioners are not convinced that the proposed detention basin sited on what is termed 'public open space' will be 'fit for purpose' considering the already problematic drainage infrastructure of the village.
The existing drainage throughout Andreas is already at capacity and any proposal which could add to the current flooding being experienced by residents cannot be supported.
The proposed detention basin and flood management states an expectation from this Authority to adopt management of the same at the end of the build. The Commissioners, for what is a very small rural community, with residents already having flooding problems, have these issues
The unknown obligation and whether the suggested resolve will work, and how it will be managed moving forward leaves the Authority unable to offer or commit to any future adoption
The Commissioners are also extremely concerned that the lack of pavements and road width within this development will cause problematic access for service vehicles and create a very congested finished product.
Finally, the Commissioners would like it to be noted that the selected landscaping for the development is, in their view, fast growing and costly to maintain, with the added potential to obstruct vehicular vision and pedestrian access along footpaths. It is considered high maintenance, over and above what they would consider necessary for public open space being maintained at public expense.
In conclusion, The Commissioners reiterate they will not undertake any adoption commitment at this time, which will leave such to be resolved between MUA and the developer. The concern being that should the proposed drainage system fail, the management may fall to future residents of the site or potentially, the rate payers of Andreas Parish.
These issues were raised by the Commissioners in their response to the Planning Board in August 2020 and further discussions have failed to allay their concerns for the future development of this site."
5.2 Highway Services made the initial comments (03.08.2020): "Please could the Applicant / Agent provide additional information and revisions mainly for clarity purposes:
The proposed creation of the access junction and direct accesses onto Oatlands Road require visibility splays of 2.4 x 70m in each direction at a height not exceeding 1.05m would be subject to a s109(A) Highway Agreement to form the new connections to the existing public road. One plot is to be accessed of the private lane adjoining Little Meadow which is considered suitable. It is understood that the internal street and the connecting path to Little Meadow are to become highway maintainable at public expense for which a separate technical approval and s4Highway Agreement are necessary. The 'Give Way' sign on Little Meadow would require repositioning. Both Highway Agreements would arise after planning consent is granted.
The proposal does not raise significant road safety or highway network efficiency issues. Accordingly, Highway Services raise no objection subject to conditions for the layout to accord with Drawing No: 002 Rev L, visibility splay at the access junction and direct access onto Oatlands Road to be provided and retained at 2.4 x 70m in each direction at a height not exceeding 1.05m and the provision of bicycle parking for nine units without garages. An advisory is required to apply too for s4 and s109 (A) Highway Agreements.
Recommendation: DNOC"
5.3 The Public Estates and Housing Division (DOI) comment (14.08.2020);
"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 North indicates that there are 67 persons on the general public sector waiting list for affordable housing to rent. There are also 9 persons on the active first-time buyers register seeking to purchase a first home in the North of the Island. 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 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 Department can confirm that the Proposed Site Plan indicates that five homes are identified as being suitable for affordable housing, and therefore a Commuted Sum will be required for the difference between the 25% affordable homes (6.75) and the proposed number (5). We can also confirm that the architect for the scheme has discussed the application with the Department.
Thank you for giving us the opportunity to comment on the application."
5.4 The Arboricultural Officer (DEFA - 06.11.2020); "I would like to make the following comments in relation to application 20/00740/B - Erection of 27 dwellings with associated access, drainage, and open space.
The land is currently a mix between garden, agricultural land and horticultural usage. There are mature broadleaf trees boarding the site and mixed ornamental trees within the site.
The Arboricultural impact assessment submitted in support of the application has highlighted the potential removal of 19 individual trees and 4 tree groups. 2 Category B trees (T14&15) have been proposed to be removed in order to facilitate development. These trees are good quality however do to their location, do not provide much public amenity value, but are in good condition. The remaining trees are category C and U and are mainly situated amongst other retained trees, so there will be little landscape impact if they were to be removed.
The proposed retained trees are at risk of damage from the construction of the properties, so protection will be required. The tree protection plan, produced by Manx Roots in support of this application will afford the trees adequate protection and I recommend you add a condition in order to ensure their protection. There is no replanting plan I am aware of and due to the potential loss of canopy cover, replanting should be considered, I recommend you request this detail.
5.5 Manx Utilities initially made the following comment (01.09.2020): "Manx Utilities Authority has assessed the above planning application and would like to advise you that the Authority has no objection to the application subject to the following condition/s:-
It is recommended that the applicant needs to clarify the full ownership of the basin attenuation as Manx Utilities will not consider this for future adoption.
There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s) so as to comply with the requirements of Manx Utilities and the Sewerage Act 1999.
The proposed dwelling must be connected to the public sewer(s) in a manner acceptable to Manx Utilities. All drainage works must conform to the requirements of "Manx Sewers for Adoption", any necessary CCTV surveys are to be carried out at the developer's expense. There is no public foul or surface water sewer in the above location. However, there is an existing Surface water culvert nearby to the site which can be used. During very heavy rainfall this culvert does surcharge so as discussed we would require attenuation.
In accordance with the Sewerage Act 1999 communication fees will be payable to Manx Utilities Authority, 27 x £1500.00 = £40,500.00 will be payable in respect each property being connected (directly or indirectly) to the public drainage system…".
5.6 Ecosystems Policy Officer (DEFA) makes the following comments (25.08.2020): "Prior to determination of this application the Ecosystem Policy Team request that a number of changes are made to the planting proposals as shown in the proposed site plan:
All of these non-natives should be removed from the planting list and replaced with Isle of Man native species. Use of native species is particularly important around the boundary of the site and on any planned Manx sod hedges. Additionally, the A3 Plans state that the Manx sod hedges will be sown with native hedgerow species or daffodils and I do not think that daffodils are appropriate.
Therefore, in order to comply with Strategic Policy 4 (b) of the Isle of Man Strategic Plan 2016, we would like to request that additional native tree planting be incorporated into the sites design and further native boundary planting, particularly around the western edge of the site where very little planting has been planned."
5.7 DEFA Fisheries (08.12.2020) make the following comments: "DEFA Fisheries has no objection to this proposal providing the works are conducted according to written method statements agreed in advance with the Inland Fisheries Section of the Fisheries Directorate, DEFA. 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 further downstream.
The applicant is advised to contact DEFA when works are due to commence, which can be done by email or telephone. In the meantime please contact Inland Fisheries on 685857 with any further queries."
5.8 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 (12.08.2020); when Little Meadow Estate was built in the 90's no details were given for the historical culvert running to the southwest of the site was to be filled in by the Developer to make the gardens bigger; the Developers filled the culvert with three large land pipes and filled them over; this was done without input from any wider authority; the issue only came to my families attention when the surface water started to backup (culvert pipes laid too high) and refused our fields becoming boggy and field with water reeds and therefore remains unstable for stock or planting; concerns with this application and last that the retention pond/dub within the site to hold water, until the drains could take the water; concern the water will just run to the existing drains/culverts which cannot cope currently; Flood Risk Assessment is poor and does not give the simplest details as to the capacity of surface water, from a now increased 27 houses, which the suggested dentation area is required to hold and to which ditch will these waters flow to; and question the demand of more houses and thought the need for houses was near to Douglas. - 5.9 The owner/occupier of 21 Little Meadow, Andreas has submitted a copy of a letter signed (12th November) by local residents against the building of 17 houses (PA 18/00980/B) at the site, which includes photographs of flooding at the rear of their property. The full list and details can be viewed on the Planning web site. In summary the objections state: We bought the property unaware of water problems in the area and it was not disclosed by the previous owners that the property would flood in heavy rain; when there is heavy rain the garden fills with water often resembling a swimming pool; on one occasion we had to borrow a water pump for 3 days; more dwellings as proposed will increase the water problems to the area; every time it rains the main roads around Little Meadow have water fathering on them, large puddles as water has nowhere to go flooding properties and neighbouring fields; and object the building of more properties on the site as I fear it will make existing problems worse and eventually create new ones. This letter is signed by the following: Nr 1a Little Meadow, Andreas
Nr 10 Little Meadow, Andreas Nr 12 Little Meadow, Andreas Nr 15 Little Meadow, Andreas
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; and (h) Potential impacts upon trees. 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 currently has 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 apartments and terraced housing and low density i.e. larger sites towards the edge of settlements, consisting of mainly houses and bungalows with relatively few apartments or terraces and low density (5 to 10dph). - 6.5 This proposal would be on the low side of medium density being 22dph. The previous approved scheme resulted in 15dph, again within the medium density range. It should be noted that while the amount of dwellings has increased, this is because the type of dwellings have altered. The last approved scheme proposed larger detached properties (generally 4 bed dwellings) whereas the current application proposes small types of properties (generally 2 to 3 bed dwellings). In terms of built development when viewed from the street scene, the amount of built development in likely to be similar. - 6.6 Strategic Policy 1 indicates we should optimise the use of previously developed land and ensure efficient use of sites (taking into account the needs for access, landscaping, open space and amenity) and that development should be located to make best use of planned and existing infrastructure, facilities and services. As Andreas is a 'Service Villages' and it is considered further dwellings located in this settlement as proposed, are in line with sustainable objectives of the overall IOMSP, i.e. people living close to existing services/employment and have less reliance of cars. This site would fit well with that brief. The site is 1.1 hectares. It is partially brownfield, close to a good bus route, near to local shops/nursery/post office/pub, Andreas Primary School and large amount of Public Open Space. - 6.7 However, as mentioned previously while the eastern part of the site is on land designated for residential development (and has had recent approval for five dwellings albeit now expired), the eastern part is not. The Department has no concerns with the principle of developing the eastern part of the site once again. The question is whether permission should
"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 It is considered the site and associated buildings, structure and hard standings would all meet the definition of "previously-developed land" 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. - 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 is unlikely to be brought back into it original use, given this 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.
6.14 Lastly a significant material consideration is the fact an extant approval existing on this site for residential development which was considered against the same policy consideration and Development Plan.
6.13 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 27 dwellings on the site is appropriate. THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA - 6.14 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. - 6.15 The site from public views would be noticeable when passing the site, with the two bungalows on Plots 1, 2 & 3 which directly front onto the site being the most apparent features on the site from Oatlands Road. These dwellings would fit with the existing character of properties along this section of Oatlands Road which currently are mainly made up of bungalows (Oatlands Bungalow & Oatlands Lodge) to the northeast of the site. Furthermore, within the garden of Oatlands Bungalow there was a recent AIP application for a further single storey dwelling (16/00811/A - since expired). Views would also be achievable from Oatlands Road between the dwelling on Plot 3 and Oatlands Bungalow of sections of the proposed estate, albeit the closest views would be over the public open space and landscaped area, which essential would create a more natural buffer between the dwellings and Oatlands Road. Additional, should a dwelling within the garden of Oatlands Bungalow ever been completed (land designated) then this would lessen the impact further of the housing development. - 6.16 The layout, density, housing types, design of dwellings and finishes are considered to be a high standards 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 27 dwellings is 10 dwellings 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. - 6.17 Whilst there will be an impact to the visual amenities of the area over the current situation, it is considered the proposals would be acceptable and comply with General Policy 2 of the IOMSP. POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES - 6.18 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. - 6.19 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
6.28 The FRA indicates that currently the surface water runs directly from roof and hard surfaces 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. The applicants indicate there is currently hard surface run-off from the existing site totalling 3171sqm. The proposed site equates to 4498sqm of hard surfacing (i.e. roads, driveway, roofs etc). It should be noted that this is less than the previous approved application 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 detention basin 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. - 6.29 Manx Utilities have again (as previously) raised no objection to the proposal, although they have again commented that the basin attenuation will not be adopted and will be up to the developer or future residents to maintain. - 6.30 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; this proposal would be an improvement in essentially reducing or preventing the amount of surface water into this existing drainage system. The second option would be to refuse the application as the existing system cannot adequate deal with surface water, albeit the existing site would still drain into this system with no meaningful attenuation. This option may also restrict any development in Andreas till this issue is resolved. Further, the previous application accepted the first option, which had a greater level of hardstanding and potential for surface runoff. - 6.31 In terms of flooding of the site the Flood Management Division (FMD) have indicated that they are generally satisfied that internal floor levels are appropriate and there will be no detriment off-site, the SuDS drainage must function correctly. We will request further information to demonstrate that the design accords with industry practice e.g. CIRIA SuDS Manual - Design Assessment Checklist: Infiltration / Detention Basin. Discussions with the FMD have advises that in principle the detention basin should be acceptable, albeit the Design Assessment would ensure that it is appropriate. It is worth nothing that the dentation basin of the size proposed was approved under the last application; albeit did not seek this information. The Planning Department does not generally get involved in the precise details of such drainage works (normal building control or other legislation). The Department does however, need to be comfortable that the principle for the works can be achieved. Accordingly, in this case with the comments made by the FMD it is considered a condition could be attached which requires a Design Assessment Checklist: Infiltration / Detention Basin be provided prior to any works commencing. - 6.32 Overall, the scheme to provide a drainage system within the site has been approved previously and therefore the Department is comfortable that the principle of the "offline" solution appears to be acceptable with Manx Utilities and the applicant's drainage engineers. A condition should be attached to any approval which requires the drainage basis and associated drainage works be in place prior to the occupation of any dwelling on the site. Further a Section 13 Legal Agreement should be signed which requires the applicants to set up a Management Company (for the 27 dwellings) which will maintain the open space and detention basis. AFFORDABLE HOUSING PROVISION - 6.33 As indicated by Housing Policy 5 the Department will normally require that 25% of provision should be made up of affordable housing when developments are of 8 dwellings or more. On this basis a total of 6.75 affordable units would generally be required. In this case the applicants have been in discussion with the DOI Housing Division and both parties have
On a second point, there is no Housing Authority serving the Andreas area, and that would mean that DOI acting in its capacity as a Housing Authority would be the body which would allocate Affordable housing as public sector housing for rent. Waiting list numbers for public sector housing in the Northern parishes are very small save for Ramsey Town Commissioners which has a substantial waiting list.
The Commuted Sum proposed, of £110k, is substantial and will help greatly for the funding of affordable housing in areas where there is proven ongoing demand."
6.35 It is noted that DOI Housing commented that there are only 9 persons on the active first-time buyers register seeking to purchase a first home in the North of the Island (not just Andreas). 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. Accordingly, while there are 9 not all these person would be able to complete a purchase or want to live at the site. The commuter sum payment is paid to the DOI Housing Division and this can be used in other areas of the IOM, potentially where there is greater demand. A counter argument is that the site does not provide the six units on the site and while there may be difficulties to fit this additional unit within the site, the site is larger enough. However, given the proposal provided one more AFH on site than the extant approval and as a commuted sum payment for the 1.75 unit shortfall (equating to £110,377.41 would still be paid), and as there is no objection from the DOI Housing Division, in fact confirming that the commuted sum could be used to areas with greater demand, it is considered the application on balance is acceptable on this issue. A Section 13 Legal Agreement will need to be agreed. OPEN SPACE PROVISION - 6.36 Recreation Policy 3 indicates that 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. - 6.37 The proposal would provide one main area of open space within the centre of the site, with other smaller areas to the south of the site and others around the site. The latter being more of an amenity benefit rather than being useable as POS. In total the proposal would provide 2089sqm. The required amount is 2112sqm. There is a shortfall of 23sqm, however,
7.1 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 and the IOM Development Plan 1982 and Residential Design Guide 2019. Accordingly, on this basis it is recommended the application is approved subject to conditions as listed and subject to a Section 13 Legal Agreements. - 8.0 SECTION 13 LEGAL AGREEMENT
8.1 This application is recommended for an approval subject to a Section 13 Legal Agreement for five affordable houses within the site and a commuted sum payment in lieu of the shortfall of the 1.75 units (£110,377.41) and which requires the maintenance of the Public Open Space and drainage detention basin by a private management company (27 dwellings forming a part of) until such time as the Public Open Space and drainage detention can be adopted and maintained by a Local Authority or Government Body. - 9.0 INTERESTED PERSON STATUS
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.
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: 10.05.2021
Signed : C 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).
Signatory to delete as appropriate YES/NO See below
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