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Applicant: Department Of Infrastructure Proposal Erection of 21 dwellings with associated parking, landscaping, and amenities Site Address Bretney Infill Housing Development Temp Site Supply The Bretney Jurby Isle Of Man Case Officer : Mr Chris Balmer Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 25.10.2021
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.
Reason: To provide adequate safeguards for the ecological species existing to ensure the environment is protected on the site.
Reason: To provide adequate safeguards for the ecological/ botanical species existing on the site.
not be used for any purpose other than the parking and turning of vehicles associated with the Community Hub and shall remain free of obstruction for such use at all times.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
Reason: The Department has assessed the impact of the proposals on the basis of the specific uses proposed and any alternative uses within the Use Class will require further consideration.
This application has been recommended for approval for the following reason. Overall, while the proposal does has an adverse impact upon the ecology of the site and in the strictest terms the proposal does not accord with the historical land use designation; it is considered all other matters outlined within this report would comply with the relevant planning policies outlined below and overall the benefits of the proposal outweigh these concerns. It is considered the proposal would not have any significant adverse impacts upon public or private amenities and would therefore comply with Strategic Policy 1, 2, 5 & 10, Spatial Policy 3, General Policy 2 & 3, Environment Policy 2, 5 & 43, Housing Policy 1, 4 & 6, Business Policy 9 & 10, Recreation Policy 2 , 3, 4 & 5, Community Policy 1, 2, 10 & 11, Transport Policy 1, 2, 4, 5, 6 & 7, Infrastructure Policy 5 , Energy Policy 5 of the IOM Strategic Plan 2016 and Residential Design Guide 2021.
Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers all received; 13.01.2021 P22
P-32
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions these do relate to planning considerations:
Flood Management Division (DOI) Isle of Man Fire & Rescue Service The Communications Division (Department of Home Affairs)
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 5 Bretney Close, Jurby as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy; as they do not refer to the
relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land ________________________________________________________________
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED A DEPARTURE FROM THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL
1.0 THE APPLICATION SITE - 1.1 The application site comprises a significant parcel of land within the settlement of Jurby. The majority of the site is to the south and west of the Bretney Estate and north of the Jurby Health and Community Centre. The site forms part of the former Jurby Air Base which was created in 1939 for training purposes. The site accommodates the parade grounds and mainly the barracks. The Air Base was closed in 1963. In the 1970's the camp area (application site area) was used as a training camp for the Territorial Army. However, this ceased and in the mid 2000's the majority of the original wooden building (barracks etc.) had been demolished, with only the existing paths and roads layouts remaining and larger sections of concrete hardstandings in places. - 1.2 A smaller section of land is also includes with the site, this is separate from the main part of the site being located within the Jurby Industrial estate to the south of the main site and west of the concrete plant (Island Aggregates) which current exists. - 1.3 In terms of the larger section of land and which the application mainly focuses one, the general character of the site is flat land made up of grasslands with concrete footpaths & roads with larger section of concrete hardstanding in places. - 1.4 The site would be access from a new access form the Bretney Road (B3) to the north of the site. There would also be access from the A14 road to the south, which would utilise the existing road network within the site.
2.0 THE PROPOSAL - 2.1 The application seeks approval for the erection of 21 dwellings with associated parking, landscaping, and amenities. The applicant's statement outlines what the application seeks approval for:
"The Application includes for the following development and initiatives as part of the Jurby Initiative:-
2.2 Additionally, since the application was initially submitted the proposal also includes the installation of six water tanks which will hold a total of 150,000 litres of water for firefighting purposes. - 2.3 In terms of why the applicants (DOI) have proposed the scheme they indicate that Tynwald accepted in 2002 that there was a need not just for 'affordable homes' as defined by the Isle of Man Strategic Plan, but for 'open market' dwellings to help to balance the make-up of the community. To help to address these issues, the Department of Infrastructure has received financial support from Treasury to develop improved infrastructure and landscape proposals which will support the development of the new housing and Community Hub facilities in Jurby. The applicants explain that they are currently working on a potential procurement strategy to facilitate the construction of the new homes which may include a social enterprise organisation or a co-housing organisation. - 2.4 The scheme proposals have been modelled on 'Land Development Suggestions' which came forward from two public meetings held by Jurby residents in July 2017 and were presented to the Department of Infrastructure for consideration as part of a wider initiative by DoI to promote development in Jurby (See Appendix 1). The applicant's response to the suggestions was to prepare a sketch design scheme which showed how the suggestions could be interpreted and present ideas for the kind of housing design aesthetic which it believed might be both progressive and appropriate for Jurby. The design proposals were exhibited in Jurby Health and Community Centre on 4th April 2019 for public review and comment and were generally favourably received. The Department has continued to work on these ideas, to refine the proposals through dialogue, and to reflect comments and input from other sections of Government. The Department reviewed the updated proposals with Jurby Parish Commissioners at a meeting with them on 12 October 2020 and several comments were addressed. It is the Department's current understanding that JPC does not oppose development in Jurby (letter received 20/10/2021 confirm this). - 2.5 The applicants have also been in contact with the Earroo Nane Northern Community Project, a local community charity based in Jurby, which is active in the Parish and has offered valuable insights and guidance to the Department as it has developed its proposals. The Charity has helped the Department gauge the views of residents on the proposals as they have been developed, and as now included in this Planning Application. It will also help coordinate the submission of any comments from the Jurby Community on the Planning Application, having been involved in the initial Community Meetings in 2017.
3.1 The application site has not been the subject of any previous planning applications; however, the following of which are considered specifically material to the assessment of this current planning application as they explain how applications in the area within the same land use designation "Airfield" have been considered: - 3.2 Erection of four bungalows with associated parking, access footpaths and infrastructure landscaping - Land Adjacent to St Patrick's View, Bretney Estate -10/00126/B - APPROVED by Council of Minsters - 3.3 Erection of four bungalows, access road, parking, landscaping and detached electricity sub-station - Land Adjacent to St Patrick's View, Bretney Estate - 08/02216/B - REFUSED by Council of Minsters - 3.4 Residential development comprising eight dwellings, 3 elderly persons bungalows and creation of five building plots including roads and sewers (Option A) - Land Adjacent To Bretney Estate - 02/00584/B - APPROVED - 3.5 Residential development comprising 3 elderly persons bungalows and 10 building plots (Option B) - 02/00585/B - APPROVED - 3.6 Approval in principle for housing development - Land Adjacent To Bretney Estate 00/00167/A - APPROVED - 3.7 Approval in principle for residential development, land adjacent to Bretney Estate, Jurby
4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site falls within an area designated as "Airfield" under the IOM Development Order 1982. The eastern half the site is not within an area designated as "Areas of High Landscaped or Costal Value and Scenic Significance" while the western half of the site is designated as being within such designation. The site is not within a Conservation Area. - 4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application.
Strategic Policy 1 states: "Development should make the best use of resources by:
4.3 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3." - 4.4 Strategic Policy 4 states: "Proposals for development must:
4.5 Strategic Policy 5 states: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies." - 4.6 Strategic Policy 10 states: "New development should be located and designed such as to promote a more integrated transport network with the aim to:
4.7 Spatial Policy 3: "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."
4.8 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:
4.9 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:
4.10 Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:
4.11 Environment Policy 4 states: "Development will not be permitted which would adversely affect:
Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward."
4.12 Environment Policy 5 states: "In exceptional circumstances where development is allowed which could adversely affect a site recognised under Environmental Policy 4, conditions will be imposed and/or Planning Agreements sought to:
4.13 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." - 4.14 Environment Policy 43 states: "The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition." - 4.15 Housing Policy 1 states: "The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 6000 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2001 to 2016." - 4.16 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:
Housing Policies 12, 13 and 14."
4.17 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." - 4.18 Housing Policy 6 states: "Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive." - 4.19 Business Policy 9 states: "The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment(1)." - 4.20 Business Policy 10 states: "Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5." - 4.21 Recreation Policy 2 states: "Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances:
4.22 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." - 4.23 Recreation Policy 4: Open Space must be provided on site or conveniently close to the development which it is intended to serve, and should be easily accessible by foot and public transport. - 4.24 Recreation Policy 5 states: "Area Plans will identify areas where improvements to informal access to the countryside can be made and to the public footpath network. Existing public rights of way should be retained and any development which affects these will be permitted only if it provides diversions which are no less direct or attractive than existing routes." - 4.25 Community Policy 1 states: "Where relevant and appropriate, there should be provided by the developer of new or expanded residential areas, community benefits in the form of neighbourhood centres." - 4.26 Community Policy 2 states: "New community facilities should be located to serve the local population and be accessible to non-car users, and should where possible re-use existing vacant or underused buildings." - 4.27 Community Policy 10 states: "Proposals for the layout and development of land will be permitted only where there is provided proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes." - 4.28 Community Policy 11 states: "The design and use of all new buildings and of extensions to existing buildings must, as far as is reasonable and practicable, pay due regard to best practice such as to prevent the outbreak and spread of fire." - 4.29 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." - 4.30 Transport Policy 2 states: "The layout of development should, where appropriate, make provision for new bus, pedestrian and cycle routes, including linking into existing systems." - 4.31 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." - 4.32 Transport Policy 5 states: "Any improvements to the Island's highway network, including the provision of new roads, footpaths, and cycle routes, should be undertaken in accordance with the environmental objectives of this plan." - 4.33 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." - 4.34 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."
4.36 Infrastructure Policy 5 states: "Development proposals should incorporate methods for water conservation and management measures to conserve the Island's water resources." - 4.37 Energy Policy 5 states: "The Department will prepare a Planning Policy Statement on Energy Efficiency. Pending the preparation and adoption of that PPS the Department will require proposals for more than 5 dwellings or 100 square metres of other development to be accompanied by an Energy Impact Assessment." RESIDENTIAL DESIGN GUIDE 2021 - 4.38 AREA PLAN FOR THE NORTH AND WEST - PRELIMINARY PUBLICITY The Cabinet Office has undertaken a Preliminary Publicity which outline matters that the Cabinet Office would like to address in detail within the Area Plan and gives individuals the opportunity to comment at an early stage on these outline matters. Part of this the Cabinet Office has produce a Housing Need study which provides evidence of the housing need within the north and west of the Island between 2011 and 2035. This concludes that: "9.1 Housing need for the North and West from 2011 to 2026 will be based on the Strategic Plan 2016, but will take into account the population projection modelling and consequences for housing need revealed by the 2016 Interim Census.
9.2 It is recognised that it takes time to process new Census data and make new projections, and whilst the 2021 Census is imminent, population projection findings will not be available until Spring/Summer 2022. The Plan can progress on data available now; it is important to put potential sites through an assessment process, examining them at public inquiry where necessary with a plan to be able to bring sites forward via a methodology. - 9.3 The updated housing need data suggests that 950 new residential units between 2011 and 2026 are required. - 9.4 The evidence suggests that when taking 2016 Census into account, housing need has been met in the North and West. However, strategic reserves may need to be identified to build in flexibility to meet the need identified within the Strategic Plan. If appropriate, these figures will be reviewed in the light of the 2021 Census figures, prior to the Public Inquiry for the Area Plan for the North and West. - 9.5 It is accepted that migration is increasing albeit affected in the short term by Covid-19 restrictions. Ongoing monitoring of migration will continue and greater insight will be revealed by the 2021 Census and as lockdown restrictions are eased. - 9.6 The questioning of housing need figures in the Statutory Development Plan following the publication of new survey data is accepted in the normal process of delivering a new area plan. New data will naturally bring into question statutory housing need figures, and presents an opportunity for a 'sense check' approach. - 9.7 The North and West Plan will be drafted to be in conformity with the Strategic Plan. Whilst there may not be housing need in the immediate future, there could be in the years ahead which will be planned-in using Strategic Reserve sites. - 9.8 The Strategic Plan is due to be reviewed - starting in 2022 but will not be brought before Tynwald until 2023. Housing need for the North and West set out in this Plan (along with the East and South) will be the basis for an All Island Plan. 19 9.3 Finally, when preparing the Draft Area Plan for the North and West, the Strategic Plan figures 2016 will be relied upon but a system of phasing sites will be deployed through the use of Development Briefs and if where necessary, the use of Strategic Reserves. A methodology for release will be included in the Plan for when 'need' is evident and all of the necessary infrastructure is in place."
Island Strategic Plan North Western Sector Written Statement - Planning Circular 11/91.
4.39 Further details of this will be explained within the assessment section of this report. Jurby Village Study - 4.40 This study was prepared following the Island Strategic Plan Sector E Plan and Written Statement which was adopted by the Department as a Planning Circular 11/91 (in 1991 no longer in force had a limited timescale). This document sought that a further detailed study be undertaken to identify whether it is acceptable and desirable to consolidate or expand the villages and hamlets (including Jurby). Jurby was the first selected to have such a detailed plan be prepared. - 4.41 This report goes into detail regarding what areas of Jurby should and shouldn't be development and in what order. The Recommendation section of this report (paragraph 2.30) indicated that Area 1 (which incorporates the application site & more) should be developed first ahead of Area 2 which is land which is to the east of the site/Bretney Estate and currently designated for Residential Use under the IOM Development Plan Order 1982. The Assessment will go into more detail in respect of this Written Statement. Innovative development scheme to reinvigorate Jurby - 2019 - DOI - 4.42 The three-year scheme was included as part of this year's package of Budget announcements approved by Tynwald, following successful engagement with residents and the local authority. More than £800,000 is due to be spent on phase one of the project during the next financial year, 2019/20.
Work is planned to start later this year on improving Jurby Business Park through landscaping and tree-planting, and the installation of improved signage and modern lighting infrastructure. A planning application for the construction of four new industrial units is expected to be submitted soon (has since been approved), and the site will be designed to accommodate further expansion in the future.
The focus of the second phase of the project, with a budget of approximately £1,050,000 will shift to the north of Ballameanagh Road, on land between Jurby Medical Centre and the Bretney Estate.
4.43 Department of Local Government and the Environment - Study of Jurby 2003 UNESCO Biosphere Isle of Man - 4.44 UNESCO Biosphere Isle of Man is all about keeping the Isle of Man a special place to live, work and visit. The Isle of Man is the first entire Island Nation in the world to receive this designation.
The UNESCO Biosphere Isle of Man project does not seek to prevent any specific actions, but to promote enjoying and celebrating the Isle of Man to the full, making it an even better place to be and promoting engagement.
The scope of the UNESCO Biosphere Isle of Man Pledge is deliberately broad and inclusive but the context of the Pledge principles are set out below.
The Biosphere Reserves are about achieving a good working balance between people and nature' and the Accreditation reflects how the Isle of Man manages its environment, community and economy, acknowledging that all three components are necessary to achieve a sustainable situation.
The Biosphere related guidance, as summarised below, is not formal planning policy but the designation is capable of being a material consideration."
5.0 REPRESENTATIONS It should be noted that full comments made by all representations are available on the Online Services - Planning Applications. Further, the application has been re-advertised a number of
occasions in response to issues raised and therefore there are multiple comments from various representations.
5.1 Jurby Commissioners make initially wrote to indicate they could not support the applications (17.02.2021) due to concerns of how the "social enterprise housing" would be appropriate for Jurby and the term "co-ownership" is far too nebulous to justify building a completely new road which might over a period of many years have houses built along it. Until there is a viable scheme for people to be able to buy houses Jurby residents would be given false hopes and we might well end up with a road to nowhere. They comment that they supported a lot of the application i.e. the 3 bungalows for social housing the and the amenities within the scheme me although there needs to be a sound timetable / sequencing for the whole of the Jurby Initiative, including the Industrial Estate regeneration, so that residents know when the different parts of scheme will be started. Further they commented that far more consultation should be undertaken before this large, nebulous scheme goes forward.
The Department fully agrees that further consultation with the Community and others who will be involved in the delivery of the new homes is required, to enable the delivery mechanism and tenure of the proposed new homes to be fully established. The Department however is of a view that these consultations can only be delivered meaningful progress if there is certainty from receipt of a Planning Approval. The Department's view is that the best order in which to progress matters is to seek Planning Approval fist (following the first stage of community liaison / exhibition of ideas) and, to avoid giving 'false hope', only progress construction if Planning Approval is granted.
While the Department may wish to construct the new highway junction on the B3 Bretney Road early in any development programme, the Department can assure the Commissioners that the
construction of any new road to serve the proposed new housing would only take place once detailed development proposals have been finalised, a delivery mechanism for new homes has been established and a firm list of residents seeking new homes is in place…"
5.2 Highway Services made the initial summarised comments (14.04.2021):
"…Conclusion: In terms of layout and car parking, the proposal is acceptable from the highway viewpoint on a path being provided to the Parish Hall prior to occupation preferably along the roadside, on adequate provision of bicycle parking and details, such as for parking for uses; for example, at the proposed allotments and children's nursery. Accordingly, Highway Services raise no opposition subject to conditions for access junction, pedestrian and vehicle arrangements to accord with drawing for the entire Site Plan: P05 Rev B; Site Plan Dwellings: PO6 Rev B; Site Plan Community Hub: PO7 Rev B and the Adopted Highway and Estate Road Proposals Drawing No: 2019 - 146 - C002 B; plus details pre- commencement for direct path (s) to the Parish Hall and for the provision of bicycle parking for all proposed uses.
The Applicant is requested to note that a separate technical approval and inter-departmental agreement is necessary for any paths or streets requiring adoption as highway maintainable at public expense, including Stage 1 and 2 Road Safety Audit and swept path analysis. Recommendation: DNOC"
5.4 Manx Utilities - Strategic Projects & Planning Engineer made the following comments (11.02.2021): "The National guidance document on the provision of water for fire fighting. (Local Government Association and Water UK Third Edition January 2007) advises that; Housing developments with units of detached or semidetached houses of not more than two floors should have a water supply capable of delivering a minimum of eight litres per second through any single hydrant.
Manx Utilities' Hydraulic Model of Jurby has indicated there is sufficient water supplies for fire fighting capabilities for this proposed domestic housing planning application. 8 litres per second is available from the water mains and fire hydrants that will serve the development.
Note: This has been modelled against peak potable water demand for the entire Jurby zone. As back up to the new development, only 750m away situated in the commercial zone of Jurby Industrial Estate, we understand there is shortly to be built (subject to Department of Infrastructure acceptance of tender), a 46,000 litre underground water tank capable of refilling
a 400gallon fire engine water tank 23 times over. This will be available to fighting any fire in Jurby as per planning requirement for Application 19/01102/B. May we respectfully also remind that, under the Water Act, the Authority have no statutory obligation to provide fire fighting flow. Nevertheless, additional hydraulic modelling has been carried out confirming there is existing spare capacity in the current infrastructure for further domestic housing development in Jurby along with the subsequent 8l/s fire fighting flow needed to protect, before major capital reinforcement of the water mains network is necessary."
5.5 Isle of Man Fire & Rescue Service objected to the application on the following grounds (30.03.2021): "…A Fire Safety Department wish to object to this application as the industrial estate and surrounding areas have been identified as having insufficient water supplies to deal effectively with a large fire. The introduction of a further development would put more strain on the current infrastructure, potentially reducing available water supplies further. We would recommend that the water infrastructure is reviewed and enhanced prior to any further development in this area."
Following the submitted proposal in correspondence dated 11th August 2021 from the developer outlining the installation of a 150,000 litre water farm on the industrial estate I would advise you as follows,
This Department would be willing to withdraw its planning objection for the above development based on additional water supplies being provided by the developer. This decision is based on this submitted planning proposal only and any further development will be considered on a case by case basis.
Once the proposed overarching water infrastructure project has been agreed and scheduled this Department would have no further objections to development in this area based on water supplies."
5.6 Manx Utilities Authority - Drainage comment (08.02.2021): "… has assessed the above planning application and would like to advise you that the Authority has no objection to the application subject to condition/s…". - 5.7 The Ecosystem Policy Team (DEFA) makes the following summarised comments. Detailed/full comments can be viewed on line (05.02.2021): "The Ecosystem Policy Team, DEFA is opposed to the proposed development of Area B Housing, but supports the development of Area E Community Hub. Developing Area B would lead to the loss of species rich semi-improved grassland, a rare Manx habitat; it is strongly recommended that areas of extensive concrete are utilised for development as an alternative to the grassland. As well as losing the most species-rich section of the grassland the proposed residential development will fragment the existing grassland and this will cause a loss of resilience for the species in the remainder of grassland." "No full ecological assessment of the proposed development area has been undertaken. The impact of the proposed development on legally protected lizards and breeding birds (including red listed skylark) is unknown."
Contrary to Strategic Policy 4, General Policy 2, Environment Policy 4, Biodiversity Strategy and the Climate Action Plan.
"DOI contracted an ecological consultancy to undertake an initial assessment of the grassland (the assessment was undertaken 'out of season' in late September/early October when many plants are not visible hence this is classed as a preliminary assessment only). The site was divided in to compartments shown in Figure 2 and assessed on the number of species-rich grassland indicator species present. The results are shown in Table 1… The assessment confirmed the grassland as species-rich neutral grassland and it demonstrated that the area proposed for the residential area (Compartment 4 in Figure 2) is the most species rich i.e. the best quality area of the grassland."
"Common lizards have been recorded in the area proposed for Area E Community Hub. Certain areas of the grassland where the residential area is proposed are highly suitable for lizards. In addition the current BMX track is very sheltered and provides refuges for common lizard."
"Phase 1 Habitat Surveys were undertaken of the area in August 1992. The Phase 1 Habitat Survey is a standardised survey method devised by the Joint Nature Conservation Committee (JNCC). The document laying out the methodology for the survey can be found on the internet JNCC, Field manual for Phase 1 habitat survey - a technique for environmental audit. The final report from the Phase 1 Habitat Survey can be also be found on the internet Sayle, T., Lamb, J., Colvin, A. & Harris, B. (May 1995) Isle of Man Ecological Habitat Survey - Phase 1 1991 1994 Final Report, Isle of Man Government. This document provides information on the land coverage of each habitat found and details the rarity of species rich semi improved grassland. The survey found that this type of grassland type was recorded in only 633.96ha, just 1.1% of the land area of the Isle of Man. The true area today is much less as much of this habitat has been lost through changes in agricultural practices." "The grassland has potential for breeding skylark and meadow pipit. Skylarks are red listed categorised at the highest threat level (red) in the Birds of Conservation Concern (BOCC 4)2 because of their rapid decline in both breeding and wintering populations. The fields are clearly an important breeding habitat for this species. Meadow pipit are amber listed on BOCC 4 and the species has also undergone a decline in recent years. The grassland is likely to support a good small mammal population and therefore may be a significant feeding area for owl species. In addition, semi-natural grasslands form important feeding and nesting areas for hedgehogs. Species including blackbird, woodpigeon, long tailed-tit and linnet could be nesting the area of dense gorse proposed for Area E Community Hub."
"Light polluted skies can have a significant negative impact on nocturnal wildlife including some bat species and night flying insects therefore we recommend only luminaries with sharp cut-off and low intensity are used."
Should the application be granted permission we recommend conditions are secured to deliver the following: A Construction Environmental Management Plan; An assessment of the size of the legally protected lizard population that will be effected to ensure that an adequately sized translocation site is found; A breeding bird assessment to ensure sufficient mitigation is provided for species of conservation concern such as skylark and barn owl (loss of feeding habitat); and A mitigation plan for the species-rich grassland.
"In discussions, the EPT offered its suggestions as to where the new housing should be constructed (as noted in their letter) however the Department pointed out clearly that its design brief was not just about building some additional new homes, but was also focused on addressing the fragmented nature of housing development in Jurby, and implementing proposals which helped to connect people and places to the existing and new facilities, in a way that would provide greater cohesion, and help to create the framework for the longer term development of Jurby."
"They were advised of this in discussions. Additionally their proposal would have led to the removal of the historic former parade ground which is effectively the 'centre of gravity' for the wider Jurby village area (including the Industrial Estate), and historically was the fulcrum of activity within RAF Jurby during war time Switchboard: (01624) 686600 Contact: Telephone: (01624) 685925 Fax: (01624) 685943 Email: [email protected] Our Ref: JSP Your ref: Date:
"The Department however is aware of the suggestion that there are common lizards in the area and has in the past postponed construction activities in the area to accommodate nesting birds. During the construction of the arterial road through the Industrial Estate it constructed a lizard habitat for the re-homing of any lizards located during the demolition of the former 'Jurby Hotel'. It is the Department's understanding that no lizards were located for re-homing, however the facility still exists and could be brought into use should any common lizards be identified on the proposed development site."
"Historically the area of site identified as ''4' by DEFA contained accommodation huts for military personnel (see Appendix 2 in 'Design Statement') however area '3' and area '6' also contained equally intensive development. It is therefore reasonable to assume that both the natural ground conditions (pre-RAF Jurby) and the ground conditions left after the removal of the accommodation would have been / will be very similar. As the initial assessment of the grassland for the Application was, of necessity carried out 'out of season' it is possible that the results do not provide a wholly accurate summary of how species of interest are distributed. There is no obvious reason why area '4' should have a higher concentration of species of interest than area '3' or area '5'. Area '6' was used as a cricket and football field in the past and probably more regularly fertilised and cut, so it is understandable why there may have been fewer species of interest evident in that area (although DEFA still consider it to be 'neutral grassland'.)"
"It has already outlined in clause 2.5.5 in its Design Statement that the Department is willing to commission the additional lizard and bat surveys which could not be undertaken with the interim ecological assessment, and, as appropriate, update information on bird life on the site during the next appropriate season if this is considered an appropriate Planning Approval Condition"
"The UNESCO Biosphere philosophy promoted appears to be one in which people and nature co-exist in close harmony, and where it is accepted that this relationship promotes 'wellbeing' when it exists in a sustainable manner. This idea is promoted by DEFA on the UNESCO Biosphere website: "It's sometimes stated that our Biosphere status means development can't happen. However, the Biosphere Programme is about balance, and progression to a more sustainable future not about prohibition.""
"DEFA's Biodiversity Strategy (2015-2025) however appears to focus on strategies which segregate areas considered to have a special status (including protecting them legally) and limiting any integration between people and nature. The strategy elevates the idea of 'non-
statutory Wildlife Sites which enable recognition and management of areas of local importance on the Island.' (page 30) https://www.gov.im/media/1346374/biodiversity-strategy-2015-finalversion.pdf however the Department is aware that if implemented in Jurby, this status would severely limit the longer term development of the village and its economic sustainability."
"The Department notes the long period of time (20 years +) in which Government has been working with it to support investment in Jurby and help it develop into a sustainable settlement with a good range of housing, community and leisure opportunities and employment to support a larger population in the longer term. The development proposals within the Department's Application have been brought forward to help this objective move forward, and possibly enhancing the area sufficiently to encourage private development to come forward."
"The Department regrets that DEFA's submission ignores the aspirations of the local community for a very modest amount of new housing on what is a brownfield site to support greater housing choices in the village, and the fact that the local community has highlighted in the feedback from the Public Meeting that they value a 'sensitive approach to development' - an approach which the Department has sought to weave into its development proposals."
5.8 Manx National Heritage makes the following summarised comments. Detailed/full comments can be viewed on line (15.02.2021): "This application has many features that MNH would support and wish to promote such as woodland planting, dwellings designed to the AECB 'Building Standard' energy performance standards, the retention and creation sod hedgerows and the implementation of bioswales aimed at capturing and recycling rain water. We are however concerned about the loss of an area of semi-improved neutral grassland contained within the boundary of this planning application; having been identified in the early nineteen ninety's and later put forward by the Manx Wildlife Trust (MWT) as a non-statutory 'Wildlife Site'; This planning application refers to measures to mitigate the loss of the grassland involving the translocation of sections of the turf to other areas of the development. This may present opportunities to conserve some of the species within the seed bank but would likely be influenced by many external factors including the natural geology and conditions of the host site; The loss of species-rich neutral grassland is also in direct conflict with the Isle of Man Biodiversity Strategy, 2015 to 2025, which sets out a number of aims such as 'to manage biodiversity change to minimise loss and to maintain and where necessary restore or enhance native biodiversity; This application does not appear to be in line with the Isle of Man Strategic Plan, 2016; Therefore, due to the probable conservation value of the land on which this development is proposed, MNH request that a decision to permit or refuse this application be deferred until the Manx Wildlife Trust have had the opportunity to complete their Environmental Impact Assessment. - 5.9 The Flood Management Officer (DOI) made the following summarised comments (09.03.2021); have been considered can you tell me if "Infiltration Tests" have been carried out with respect to the proposed soakaways?
5.10 The owner/occupier of 5 Bretney Close, Jurby (15.03.2021) objects to the application which can be summarised as; I am really angry with your proposed intentions of building around the parade ground; I can't believe that in this day and age and the problems we are all facing with global warming and the destroying of animals habitats; You must realize that that ground is not only historical ground and should be classed as heritage; The Common Lizard which I believe is on the protected list. There are rabbits. There are also stonechats that come every year to nest and the skylark, that nest in the grass. That is to name but a few; Build the community hub, but save the animals environment; So much more and all you can think about is building more houses to bring more people and more cars and more pollution; More children who will have nothing to do but go around causing trouble; and you are going to be destroying so much of the wildlife's habitat and I think it is disgusting. - 6.0 ASSESSMENT Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application:
PRINCIPLE OF DEVELOPMENT (Strategic Policy 1, 2, 5, Spatial Policy 3, General Policy 2 & 3, Environment Policy 43, Housing Policy 1, 4 & 6, Business Policy 9 & 10, Recreation Policy 2 , 3,
"Jurby has previously been suggested as a growth area with development including substantial new housing, a high tech science/business park and leisure facilities. Any such development will clearly require study in depth into such matters as services infrastructure, landscaping,
education, health and community facilities in addition to retail and employment opportunities. The policy should therefore only be promoted after consideration of the foregoing factors."
"regeneration of Jurby in line with the Jurby Study"
It is important to note that the written text of the IOM Strategic Plan has the same level of material consideration as the polices within the Plan.
"'When considering what weight should be attached to the airfield zoning in the 1982 Development Plan it must be borne in mind that the airfield was still operational when the plan was being prepared. Airfield use has now ceased. Jurby Prison and Industrial Estate have been established in the same zoning and the Department is encouraging further industrial development there. Infrastructure improvement has been undertaken to enhance accessibility"
Both applications where approved.
"1.3 The development of new private housing for sale in Jurby was first established as an aspiration of Government in 2002, but for many reasons no new development of scale has been secured to date.
1.4 To help to address these issues, the Department of Infrastructure has received financial support from Treasury to develop improved infrastructure and landscape proposals which will support the development of the new housing and Community Hub facilities in Jurby. It is also supporting the design of the proposed rural style housing and infrastructure.
1.4.1 The Department is currently working on a potential procurement strategy to facilitate the construction of the new homes which may include a social enterprise organisation or a cohousing organisation."
THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA (General Policy 2, Environment Policy 2 & Residential Design Guide)
6.2 In terms of the potential impacts upon the visual amenities of the area, clearly the works will be noticeable from a variety of surrounding public views from inside and outside the site. The area is flat with little in the way of significantly tall landscaping. Accordingly, large sections of the development will be clear to see.
possible. While the site layout within the Application includes for a specific mix of dwellings, the Department recognises that further plot by plot Planning Applications to vary the dwelling types may be required going forward to suit the ultimate procurement needs and economic viability of the development. Changes to the plot options would not significantly change the appearance of the development."
POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES (General Policy 2 & Residential Design Guide)
relevant IOMSP Parking Standards. Highway Services also raise no objection to the level of parking provided, including the level of parking associated with the Community Hub.
POTENTIAL DRAINAGE/FLOODING CONCERNS (Environment Policy 13)
6.5.2 The applicants within their Drainage Strategy state; "For the purposes of this report, it may be assumed, given previous experience in the area, that adopting a SUDS approach that utilises infiltration features will be feasible for the proposed developments. The housing development may be split into two sections. Firstly, the impermeable sections of adopted highway and the Green Lane will be drained into an infiltration swale via a traditional underground drainage system, and directly from carriageway cross fall, respectively.
It is proposed that the remainder of the site consists of permeable constructions with the 'access drives' consisting permeable paving and the private driveways utilising stone/grass infilled geocellular units. The roof drainage from each plot will be transferred, via rainwater pipes, to a linear soakaway system consisting underground pipes with perforations to the lower half to enable infiltration into the anticipated sands and gravels below. Each plot will be drained independently. The proposals for the Community Hub contain large areas of landscaping and potentially allotments for local residents.
Within this facility it is proposed to provide a mix of permeable and impermeable hardstanding areas, with the latter to drain via nominal cross fall into adjacent landscaped areas. The roof water from the retail/commercial use building will be collected, via rainwater pipes, into water butts for use on the nearby landscaping/allotments with overflow outlets provided to below ground linear soakaways as described previously.
It is anticipated that a series of percolation tests will be required to ascertain an appropriate infiltration rate prior to the further development of the detailed drainage design.". AFFORDABLE HOUSING PROVISION (Housing Policy 5) 6.6.1 Housing Policy 5 of the Strategic Plan indicates that the Planning Authority 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. Given submission proposed 21 dwellings this equates to 5.25 affordable dwellings. It is noted that the 3 bungalows are proposed for public sector rent and therefore a remaining 2.25 units would be required.
"It may well be that the Department will lease the land for 18 of the 21 dwellings to a Collaborative Housing group and by doing so the land is charged via a ground lease, in much the same way that all the commercial buildings are charged on the Jurby Industrial Estate. By doing so, the new dwellings can be created without the cost of building plots being charged at
the outset. The value of the land is recovered over the length of the leases. By adopting this approach it relieves the group of a major part of the development cost, so in that sense the 18 units are undoubtedly Affordable, as the land provision is being made over a long period of time rather than as a freehold disposal. Long leases are acceptable to funders, particularly in respect of apartments.
We believe that if the Department can offer leasehold then it makes the dwellings 'affordable' as while the cost of the land is recovered from the leaseholder over lease length, the mechanism makes something affordable which might not be if the Co-Housing collective had to purchase the land outright at the outset. The definition of Affordable Housing does not directly identify the provision of land in lease form as a more affordable route to development but in practice it would make development possible where under traditional private development it would not be so."
"With respect to the definitions of 'Affordable' and 'Open Market', the Department's PA proposes the development of 3 Public Sector Homes for Rent and up to 18 other dwellings which are developed on the basis described. The Department's view is that these would also be considered to be affordable as the intent is that the infrastructure to create the development plots, the supporting community facilities and the Community Hub space in which new potential employment / businesses facilities can be developed is initially funded from the public purse. The Jurby Initiative will also focus on making the village a more attractive place for people to live, for existing residents and others who may wish to move there. This comprehensive approach is seeking to help Jurby become a sustainable settlement which supports well-being and Government's 'Active Travel' policy agenda. An increase in population in Jurby will also help to support the important existing resources of the Jurby Medical Centre and Jurby Community School."
Accordingly, this demonstrates there is a need for this type of housing in the North of the Island.
provide Affordable Housing in time. It is therefore considered the proposal would comply with Housing Policy 5.
OPEN SPACE PROVISION (Recreation Policy 2, 3, 4 & 5)
Children's Play Space Existing Jurby Parish Commissioners playground (located on Department of Infrastructure land)
Amenity Space Open grass land to the north of the proposed development - 7093m2 - Access to existing coast line from A10 - (undefined m2)."
6.7.2 While some of the land indicated above is existing Public Open Space, it is clear that large sections of land have been allotted for various recreation uses and would more than meet the requirements of Recreation Policy 3.
Fire Provision (Community Policy 10 & 11) 6.8.1 As outlined within the initial objects by Isle of Man Fire & Rescue Service there were significant concerns in relation to inadequate supplies of water for fire-fighting purposes. Accordingly, over the last month's discussion have been on-going within Government to resolve the issue, which also relates to a number of planning applications in the Jurby area. A shorter to medium term resolution is what has now been submitted as part of this application which is two install six water tanks which will hold a total of 150,000 litres of water for firefighting purposes within the Jurby Industrial Estate. This will enable fire engines being able to refill their water tanks quickly and within Jurby Village. Any approval of this application should include a condition which requires these six tanks to be installed and completed prior to any works commencing on the rest of the development.
Potential Ecology Impact - (Strategic Policy 4, General Policy 2, Environment Policy 4 & Environment Policy 5)
report (including aerial imagery) in full to gain a full understanding of the issue in hand. There is also concern of impacts upon legally protected lizards, and the grassland has potential for breeding skylark and meadow pipit birds.
1.2 More recently different parts of the site have been used and managed in a variety of ways: o areas of unmown grass previously cut for hay o short mown grass around the Parade Ground, cricket pitch, formal playground o areas of dumping that has been used as BMX track, informal playground o uncut areas that have developed gorse o still standing wartime constructions covered in gorse scrub o disturbance in the area of a previous farmhouse and farm buildings, now demolished. - 1.3 The mowing frequency and height of the grassland also varies across the site."
"3.13 Despite the fact that this large area of unmanaged grass is in urgent need of mowing, it would benefit ecologically from hay cutting and it has the good characteristics of neutral species-rich grassland habitat. Lady's bedstraw (Galium verum) and bulbous buttercup (Ranunculus bulbous) are of particular significance as they indicate the mesotrophic (neutral) calcareous nature of the soil and its relative un-disturbance.
3.14 There is scattered gorse in some areas which has been increasing in recent years, presumably since management stopped. Earlier aerial photographs show relatively little gorse. - 3.15 This compartment has the highest number of species (67) and the most diversity of neutral grassland species. - 3.16 Number of indicator species = 19"
best areas of neutral grassland and should be retained where possible in accordance with Government Planning Policy (refer to Appendix II). Where not possible, mitigation for no-netloss would include an (area-based) like for like habitat creation of species-rich, neutral grassland. This new grassland should be created from turf from the development site or sown from 'green hay' from the ASSI. Protecting and properly managing these species-rich areas will provide mitigation for the loss of species-poor grassland on the development sites (refer to Appendix II, section 5).
7.2 The preferred areas for development are: o Compartment 2 (the Parade Ground) and surrounding area where the ground is covered with large areas of concrete and where the grassland biodiversity has been reduced by intensive mowing and nutrient enrichment. o Compartments 1, 5, 6 and 7 where there has been much more alteration of the habitat by various activities, such as non-native species introductions and more intensive human activity.
7.3 Compartment 5 is not suitable as a wildlife/nature reserve area because of the gorse and the non-native species. It is too small an area to be maintained as representative and viable, species-rich neutral grassland."
"The issue of 'proportionality' also needs to be considered. DEFA refer to 'fragmentation and isolation of surviving patches of semi-natural habitats'. The Department's proposed development of housing, community hub, paths, new road etc. occupies approximately 25% of the land within areas '1-7' as documented by DEFA but significantly less if measured against the area identified by DEFA as surveyed species-rich grassland. In any assessment therefore the Department notes that the amount of land left undeveloped is significantly more than '...surviving patches of semi-natural habitats'. Additionally the Department has committed in its Application to introduce mitigation measures into the proposed development to maximise the re-use of species-rich turf within the landscape works supporting the development."
"These include sustainably managed ecological and/or heritage areas which enrich people's lives. They include Manx Wildlife Trust nature reserves, Manx National Heritage land, ancient monuments, uplands, glens, public footpaths, plantations, registered trees, water catchment areas and the rest of the Isle of Man's inshore waters, where commercial fishing is more carefully managed.". For information the Jurby Indusial Estate, Bretney Estate and other built up areas of Jurby north and south of the site are regarded as a "Sustainable Development (Transition) Arras". These are the areas where most people live, the towns, villages and the connecting infrastructure, and areas of our sea where we live, work and conduct everyday activity, mindful of our need to live sustainably. The land around the Jurby Airfield is designated as a "Core Terrestrial" zone which are habitats worthy of the highest protection and already protected in law. They include the Ayres National Nature Reserve, Areas of Special Scientific Interest, the Ballaugh Curraghs Ramsar site, the Calf of Man, Ramsey Bay Marine
Nature Reserve, Port Erin Bay Closed Area, Baie-ny-Carrickey Closed Area, Douglas Bay Closed Area, Laxey Bay Sea Fisheries Restricted Area and Niarbyl Bay, Sea Fisheries Restricted Area (all now Marine Nature Reserves). The Jurby Airfield area is also an Areas of Special Scientific Interest (ASSI).
Community Hub
7.0 CONCLUSION - 7.1 As outline within the ecology section of this report, the impact upon ecology is arguable the greatest issue with the proposal and one which weights against the application. As mention, with all planning applications there is a balance needed to be made. In relation to the balance of ecology and the proposed development the applicants have commented: "…The Department notes the long period of time (20 years +) in which Government has been working with it to support investment in Jurby and help it develop into a sustainable settlement with a good range of housing, community and leisure opportunities and employment to support a larger population in the longer term. The development proposals within the Department's Application have been brought forward to help this objective move forward, and possibly enhancing the area sufficiently to encourage private development to come forward. They are intended to reflect the philosophy of the UNESCO Biosphere Isle of Man project to see a:- 'good working balance between people and nature, not (about) nature, or people, in isolation' ...and are seeking to achieve this balance in the location of the new homes, community hub, enhanced grassland (through alternative management) and inter-connecting pathways and cycle way.
The Department regrets that DEFA's submission ignores the aspirations of the local community for a very modest amount of new housing on what is a brownfield site to support greater housing choices in the village, and the fact that the local community has highlighted in the feedback from the Public Meeting that they value a 'sensitive approach to development' - an approach which the Department has sought to weave into its development proposals."
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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:…01.11.2021 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
Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
Application No. : 20/01516/B Applicant : Department Of Infrastructure Proposal : Erection of 21 dwellings with associated parking, landscaping, and
amenities
Site Address : Bretney Infill Housing Development Temp Site Supply The Bretney Jurby Isle Of Man Principal Planner : Mr Chris Balmer Presenting Officer As above Addendum to the Officer’s Report The Committee approved the application subject to the amendment of conditions 6 and 7 -
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