19 November 2021 · Committee
2, Farmhill Lane, Douglas, Isle Of Man, IM2 2eb
The proposal covers 12 two-storey dwellings — mainly detached, with three terraced units designated as affordable housing — on land that forms part of the rear garden of Bix House and an adjoining woodland area on the north-eastern side of Farmhill Lane. Key planning issues assessed included the principle of development, visual and neighbouring amenity, highway safety, affordable housing provision, open space, and the impact on trees and wildlife. Tree protection was addressed through a required Arboricultural Method Statement in line with BS5837:2012, and an ecological appraisal was submitted. Planning Committee approved the application in May 2021, with the decision notice issued after a Section 13 legal agreement was concluded covering affordable housing, a woodland boardwalk, and public open space provision.
The committee concluded the scheme complies with the Isle of Man Strategic Plan, the Residential Design Guide, and the Area Plan for the East. Impacts on highways, trees, and amenity were judged acceptable subject to 14 conditions. A Section 13 legal agreement secured affordable housing provision, maintenance of the woodland boardwalk, and a commuted sum for any public open space shortfall.
Development should make the best use of resources
optimising the use of previously developed land
Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under -used land and buildings, and re - using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space (1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services. 4.2.2 In pursuance of (c) abo ve, the Department will, when formulating its programme for the preparation of new Area Plans, have particular regard to: (a) the availability of mains drainage connected to IRIS or other mains systems; (b) securing the future viability of rural primary schools; (c) the public investment in the Island's highway, bus, railway and tramway networks; (d) the provision and availability of water; and (e) community facilities. 4.3 Environment 4.3.1
The Douglas urban area will remain the main employment and services centre
New development in existing settlements must be designed to take account of the particular character
pment. 8.13.2 The extent of formal open space with in settlement boundaries in the South is identified on the Proposals Map (Map 3) and Inset Maps (Maps 4-7). The Isle of Man Strategic Plan (Environment Policy 42) seeks to protect these open spaces and indicates that: 8.13.3 "Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a partic ular area will not be permitted.''
Development which is in accordance with the land-use zoning
General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Condition 1
1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
2. No dwelling shall be occupied until the estate road from the junction of the adopted highway to the access of that dwelling has been constructed at least to base course level and lighting has been provided.
Condition 3
3. Prior to the occupation of any dwelling 2 car parking spaces associated with that dwelling as shown on approved drawing 122 REV A shall be provided and retained free from obstruction thereafter.
Condition 4
4. No tree marked as being retained on drawing TR-101220 shall be cut down, uprooted or destroyed during the development phase and thereafter within 5 years from the date of occupation of the dwelling, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action approved in writing by the Department and implemented in accordance with the approved details.
Condition 5
5. Prior to the commencement of the development hereby approved a detailed Arboricultural Method Statement (AMS), adhering to the recommendations of BS5837:2012 (Trees in relation to design, demolition and construction - recommendations), shall be submitted to and approved in writing by the Department. The AMS should address the specification of the protective fencing to be used, the installation of temporary and/or permanent ground protection, the installation of new hard surfacing (materials, design constraints and implications for levels) with the RPAs of retained trees, preparatory works for new landscaping and how the project arboriculturist and/or construction manager will carry out arboricultural site monitoring during construction, including a schedule of specific site events requiring input or inspection. The agreed protection measures, construction methods and site monitoring shall be adhered to in full.
Condition 6
6. The implementation of the tree protection measures set out in the approved Arboricultural Method Statement (required under condition 5) shall be monitored by a suitably qualified and pre-appointed tree specialist, in accordance with the details contained therein.
Condition 7
7. All tree planting shall be carried out in accordance with the BS8545:2014 Planting Proposal report and drawing MP-101220 prepared by Manx Roots and submitted in support of this application. The planting (Trees and Hornbeam Hedge) along the boundary of Nrs 39 & 40 Farmhill Park shall be carried out in accordance with the above Planting Proposal Plan within first planting season following commencement of the development unless otherwise approved in writing by the Department. The remainder of planting shall be carried out in the first planting and seeding season following the completion or occupation of any part of the development (whichever is the sooner,) or otherwise in accordance with a programme to be agreed. Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced as is reasonably practicable or in the next planting season with others of similar size, species and number as originally approved, unless the Department gives written consent to any variation.
Condition 8
8. All recommendations listed within the approved "Preliminary Ecological Appraisal Report" prepared by Manx Wildlife Trust dated December 2020 (Sections 5.1 to 5.15) are to be fully adhered to.
Condition 9
9. Prior to the commencement of the development a Construction Environmental Management Plan (which will outline how the construction project will avoid, minimise or mitigate effects on the environment and surrounding area during construction) shall be submitted to and agreed in writing by the Department and this approved plan shall be full adhered to.
Condition 10
10. There shall be no external lighting of the woodland footpath or of the woodland boardwalk loop path development hereby approved unless otherwise approved in writing by the Department.
Condition 11
11. No development shall take place until landscaping details (size, height, centres etc) of the low level hedging (Griselinia littoralis should not be used) between each dwelling and along the rear boundaries of Plots 22 to 28 (replacing the timber fencing as shown on Drawing 124) have been submitted to and approved in writing by the Department and these works shall be carried out as approved. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. No permission is granted for any fence or wall to be erected to the rear of Plots 22 to 28 either now or in the future.
Condition 12
12. The woodland path running from the estate road to the Lheannag Park estate road shall be constructed in accordance with the approved details prior to occupation of any dwelling and retained thereafter.
Condition 13
13. No development shall take place until a Drainage Strategy and associated detailed design, management and maintenance plan of surface water drainage for the site has been submitted to and approved in writing by the Department. The approved drainage system shall be implemented in accordance with the approved Drainage Strategy prior to the occupation of the dwellings and maintained thereafter for the lifetime of the development in accordance with the approved maintenance scheme.
Condition 14
14. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling on Plots 22 to 28, without the prior written approval of the Department.
Approval in principle for three building plots, land at the end of Oak Close, off Farmhill Lane, Douglas
Approval in principle to the layout of plots and roads, Land adjacent to Farmhill Manor, Ballaquark Estate, Douglas (Amended Resubmission)
relevant in the assessment
Layout of new streets and sewers for residential development, Field 2043, Farmhill Lane, Douglas
adjacent site
Erection of 16 dwellings with associated infrastructure and landscaping works (revised scheme to approved PA 18/00862/B)
Erection of 16 dwellings with associated infrastructure and landscaping
