DEC Officer Report

Applicant: Mr David Davies Proposal Approval in principle for the erection of 1 detached bungalow addressing means of access Site Address Field 312909 And 312711 Main Road St Johns Isle Of Man Case Officer : Mr Paul Visigah Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 15.08.2022

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019

• C 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
• C 3. Approval of the details of siting, design, external appearance of the building[s], internal layout, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced. Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019.
• C 4. The application for the reserved matters must include a detailed landscaping and planting plan which demonstrates how the introduction of new trees and shrubs will result in an acceptable visual and ecological impact on the area.

Reason: appropriate landscaping can enhance the site in terms of the visual impact and effect on well-being, ecology, drainage, cooling, traffic calming, the value of the development and the environment.

• C 5. The application for reserved matters must include details of the approach taken to integrate the recommended Preliminary Ecological Appraisal mitigation measures within the development. Reason: to enhance the ecological impact of the development.
• C 6. The application for the reserved matters must include an Archaeological Report for the site, which includes a programme of archaeological work in accordance with a written scheme of investigation and measures for mitigation of any adverse impact thereon. The development must be undertaken in accordance with the recommendations of the Archaeological Report.

Reason: to ensure compliance with Strategic Policy 4 and POLICY: RES/P/1 of the St. John Local Plan.

• C 7. The application for the reserved matters must include the following highway information:

• i. Formal right of permanent access to site via Balladoyne Estate Road ;
• ii. Full geometric and technical details for the means of access to / from the site;
• iii. Details of all parking provision which demonstrates that a range of vehicles including those larger than standard cars, can be accommodated within the site;
• iv. Details of the storage of waste receptacles;
• v. Vehicle tracking information relating to a box van and a refuse vehicle demonstrating that they can satisfactorily access, manouevre within and egress from the site;
• vi. Details of the provision of secure bicycle storage;
• vii. The surface treatment of any roadways and other parts of the site which will not be covered by buildings;
• viii. Details of the construction access to the site.

Reason: the submitted information does not demonstrate how these matters will satisfactorily be addressed.

This application has been recommended for approval for the following reason. The proposal is considered acceptable and to be in accordance with the land use designation of the St. John Local Plan and appropriate to POLICY: RES/P/1 (Development Brief for Area 1) of the Local Plan. Overall, it is concluded that the information provided demonstrates that proposed detached bungalows could be accommodated within the site without any adverse impact on the Environment as set out in General Policy 2 of the Strategic Plan.

Plans/Drawings/Information;

This approval relates to the Cover Letter and Drawing 01 rev A - Amended Site and Location Plan received 10th May 2021; and Preliminary Ecological Report received on 24th September 2021.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the owners/occupiers of the following properties 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):

12 Strathallan Crescent, Douglas 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, and they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy.

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE DEVELOPMENT AND COULD BE CONSIDERED TO BE CONTRARY TO THE DEVELOPMENT PLAN

0.0 PREAMBLE - 0.1 This application was originally on the agenda for 29.11.2021 and was deferred by the Planning Committee, pending the outcome of the Petition of Doleance submitted for the broader site area. Since then, the applicants have submitted information to indicate that the Petition of Doleance was withdrawn and that the land had been partitioned as per a new land subdivision pan. The partition agreement states the following:

• - A legal permanent access route to the Balladoyne estate from the western plot.
• - A temporary construction access for PA20/00787/B including access to our site.
• - Access to the MUA sewer manhole 9701 for 20/00787/B. The applicant further stated that:
• - The appeal report for 20/00787/B confirmed that PA 19/01324/B was still extant and the applicant could implement either proposal. The report is unchanged.

0.2 Post Meeting dated 29.11.2021: The Case Officer noted that the proposal description is wrong as it refers to two dwellings although an amended plan has been submitted with only one dwelling now proposed. As such, the applicants have been notified and an updated application form has been submitted to this effect. The application has, therefore, been re-advertised with the amended description. - 0.3 The Committee at their meeting on 22.8.2022 decided that its decision on the application be further deferred until a revised Location and Site Plan which does not conflict with other site layouts for the area be submitted and circulated. The new Site and Location plan has now been received and circulated. The report is unchanged.

1.0 THE SITE - 1.1 The site is a parcel of land which lies to the south of the A1 Peel to Douglas Road running through St John's and between St John's Primary School and the Balladoyne residential estate comprising a mix of bungalows and dormer bungalows. Directly south of the application site is the St. Johns primary School which is only separated by the dismantled railway line which abuts the north boundary of the school. This site is a part of Area 1 which was designated within the St. John's Local plan to house a maximum of six (6) residential units.

2.0 THE PROPOSAL - 2.1 The application seeks approval for approval in principle for the erection of 1 detached bungalow addressing means of access. The applicants have indicated on the application form that only the principle and means of access would be assessed in this application. - 2.2 The submitted plans show that the proposal seeks to rely on the construction route approved under PA 20/00245/B as the construction access to the site. The plans also indicate that this construction access would be closed up once the dwelling has been completed, and that permanent access would be via Balladoyne estate. It is also noted that foul sewer would be through Balladoyne estate. As well, the proposed bungalow location, size (footprint) and orientation, parking space provisions, bin and bike storage locations and the position of electrical charging points are also depicted. Although it should be noted that these are all indicative and would not be assessed as part of the current application. - 2.3 The applicants have provided a response to DOI Highways request for a co-ordinated approach to the number of units as well as the temporary and permanent access arrangements

• to ensure a satisfactory means of access and plot layout between the various applicants for Area 1 in a letter dated 10 May 2021. They highlight ongoing court proceedings other land owners as a reason why the concerns raised by highways could not be addressed.
• 2.4 A Preliminary Ecological Appraisal (August 2021) is provided which notes the following:

• o The site is comprised of semi-improved acid/neutral grassland bordered with hedgerows and with scrub encroachment in places;
• o The border of scrub in the north of Field 312909 is comprised of European Gorse, Bracken, Bramble (Rubus fruticosus agg.) and Rosebay Willowherb (Chamaenerion angustifolium);
• o Hedgerows border the fields within the site and are typically comprised of traditional Manx hedgebanks topped with scrub and trees;
• o In places the hedgebanks have areas of exposed stone, providing suitable habitat for Common Lizard;
• o Three mature trees within the hedgerows have been identified as having Potential Roost Features (PRFs) for bats and birds;
• o No Common Lizards were seen during the walkover survey but there is a record of lizards within 500m of the site, which shows evidence of breeding (the record is of a juvenile Common Lizard). This record is from approximately 400m to the north of the site, within the National Park Arboretum;
• o No Common Frogs were seen during the walkover survey and there are no records of Common Frog within 500m of the site. The site contains suitable terrestrial habitat (unmanaged grassland and scrub) for frogs but there are no waterbodies to provide suitable breeding habitat;
• o The site provides suitable foraging and nesting habitat for a range of bird species and has good habitat connectivity with the nearby Bird Sanctuary, Registered Tree areas and the riparian woodland of the Central Valley Phase 2 site;
• o There are 16 records of four species of bat within 500m of the site, including evidence
• of roosting. Pipistrelle bats were found roosting 150m to the north-east of the site and Brown Long-eared bats were found 280m to the south-east;
• o No notable invertebrates were recorded during the survey, although a Dor Beetle (Geotrupidae sp.) Bumble Bee species (Bombus sp.), Moth species (Lepidoptera) True Flies (Diptera) were observed;
• o No rare or scarce plants were found during the survey. This was to be expected due to the agricultural use of the site;
• o No invasive non-native species were found during the survey, however a previous survey (MWT 2020) found Hybrid Bluebells along the western hedgerow of Field 312711; and
• o No notable fungi was found during the survey, but this was to be expected due to the time of year.

3.0 PLANNING POLICY - 3.1 The site is within an area of land identified in the St. John's Local Plan 1999 as land designated for residential development, as part of an area recognised as 'Area 1'. However, the field where the construction access runs through and joins with the main road (Field 312711) is designated as 'open space' and also within the proposed Conservation Area. This field is specifically referred to within paragraph 3.1 as one which was specifically designated as Open Space from its previous designation as Residential, in order to acknowledge its contribution to the amenities of the village by being open and affording views of Slieau Whallian in the background and also offers a welcome break in development along the roadside at this point in the village. The site is not susceptible to flooding as shown on the Isle of Man Indicative Flood Maps. The site is also not within a Registered Tree Area, and there are no protected trees on site. - 3.2 Area 1 of the St John's Local Plan was originally designated for development as part of the 1982 Development Plan and that low density housing could be sited in the smaller area with minimal impact on the amenities of adjoining residents and without compromise to Tynwald Hill and DOI recommended that its vehicular access should be though Balladoyne Estate.

Responses to this proposal were received from many residents of Balladoyne who were opposed to the development for a number of reasons but principally on the grounds of additional traffic and use by construction vehicles would be detrimental to amenities. Manx National Heritage were also concerned for the potential impact on a mediaeval chapel and crop marks in fields west of Balladoyne estate. It was accepted that Area 1 should remain designated for residential development for a limited number of dwellings and that permanent access be via Balladoyne estate but that construction access must not pass through the estate. On this basis Policy RES/P/1 and Development Brief for Area 1 were considered appropriate for inclusion within the written statement.

• 3.2.1 "POLICY: RES/P/1

2.11 RESIDENTIAL DEVELOPMENT SHALL BE PERMITTED WITHIN DEVELOPMENT AREA 1 IN ACCORDANCE WITH THE FOLLOWING DEVELOPMENT BRIEF. Development Brief

• a. The maximum number of units which may be developed on this site is six (6).
• b. All dwellings shall be single storey (dormer accommodation will not be permitted).
• c. No detailed application for development of any dwelling will be approved until such time as a detailed application for the installation of roads and sewers together with the indication of plots and landscaping, has been approved by the Planning Committee.
• d. The application for the development of the site must include an indication of the temporary route to be used by construction traffic and such route must not be through the Balladoyne estate. Such a temporary route must be removed and the site made good when construction works are completed.
• e. Permanent access to the site after the development is completed may be taken through the Balladoyne estate.
• f. No development may commence until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved by the Department. Such a scheme must be included as part of any detailed application for consideration and the applicant is strongly recommended to consult Manx National Heritage in this respect.
• g. Whilst field 9378 (that immediately behind Balladoyne Farmhouse) has been included within the development area, this land may only be used or developed in association with the existing adjacent properties (Balladoyne Farmhouse, "Allo" and 11, Balladoyne Estate and the building known as the Methodist Church) and may not be used for the erection of any new dwellings."

3.3 The Isle of Man Strategic Plan 2016 also contains some policies which are considered to be specifically material in the assessment of the planning application:

3.4 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 watercourses;

• (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;

3.5 Housing Policy 4: 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:

• (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10;
• (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and
• (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14.

3.6 Strategic Policy 1: Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and underused land and buildings, and reusing 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.

3.7 Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3. - 3.8 Strategic Policy 4: "Proposals for development must:

• a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2) , buildings and structures within National Heritage Areas and sites of archaeological interest;
• b) protect or enhance the landscape quality and nature conservation value of urban as well

• as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and

• c) not cause or lead to unacceptable environmental pollution or disturbance."

3.9 Strategic Policy 10: "New development should be located and designed such as to promote a more integrated transport network with the aim to:

• (a) minimise journeys, especially by private car;
• (b) make best use of public transport;
• (c) not adversely affect highway safety for all users, and
• (d) encourage pedestrian movement."

3.10 Environment Policy 4: Development will not be permitted which would adversely affect:

• (a) species and habitats of international importance:

• (i) protected species of international importance or their habitats; or
• (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites.

• (b) species and habitats of national importance:

• (i) protected species of national importance or their habitats;
• (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or
• (iii) Marine Nature Reserves; or
• (iv) National Trust Land.

• (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape

features of importance to wild flora and fauna by reason of their continuous nature or function

• as a corridor between habitats. 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.

3.11 Transport Policy 1: "New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes." - 3.12 Transport Policy 3: "New development on or around existing and former rail routes should not compromise their attraction as a tourism and leisure facility or their potential as public transport routes, or cycle / leisure footpath routes." - 3.13 Transport Policy 4: "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."

- 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 Whilst not adopted planning policy, DEFA's Residential Design Guide (2021) is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions. Section 3.3 of the guidance relates specifically to transport Issues.

4.2 The Manual for Manx Roads sets out the requirements for access to site and other services that accompany it. Paragraphs 3.2.12 relates to access, 3.2.13 refers to parking, 3.2.14

• 3.2.15 borders on drainage, 3.2.16 deals with utilities, while 5.1.61 to 5.1.65 guides service vehicles access and circulation. The guide for achieving the required visibility splays are also clearly illustrated in Section B.3 of the Manual. Paragraphs 5.2.37 and 5.2.38 of the manual relates specifically to visibility along the street edge from driveways, while paragraphs 5.2.39 and 5.2.40 refer to obstacles to Visibility.

- 5.0 PLANNING HISTORY

5.1 Approval was granted for the Creation of new vehicular entrance, and construction route across field (312711) to the application site which is within Field 312909 on 24 August 2020 under PA 20/00245/B.

• 5.1.1 The conditions of approval within that scheme are considered to be relevant to the current application as they set the parameters within which any development carried out to benefit from the temporary construction access should be set out to ensure highway safety, protection of trees and the preservation/restoration of the landscape after development.

5.2 It will also be vital to consider the Inspectors Report for PA 19/01324/B which was initially refused by the Planning Officer but granted approval by the Planning Inspector for the erection of a detached dwelling on part of Field 312909 to which the site belongs being within Area 1.

• 5.2.1 Key elements of that Inspectors Report relevant to the current scheme include: "65. The proposal, as a whole, includes only a turning head at the end of the Balladoyne estate road to function as access to future plots, together with some drainage details. However, I consider that this is sufficient information to indicate how road access and drainage would be provided for any future phases of development.

1. There is no other evidence of concern regarding the proposal, save in relation to safe construction access, archaeology and ecology and certain other matters discussed below. Otherwise, I consider proposal to be acceptable in principle with reference to Policy RES/P/1 and the Area 1 Development Brief of the SJLP and GP2 (a) of the IMSP.

Access

1. After inspection though, I find merit in the argument of the Appellants that that the scale and type of construction traffic and deliveries over the likely construction period of six months or so would not be so much above the normal usage of the road to warrant an express requirement to use the temporary alternative.

1. In both alternative access arrangements, I consider, on the evidence that adequate 2.4m by 45m or 35m vision splays could be provided, either within the appeal site or over public land. Subject to the submission of details of the temporary road construction and junction geometry, I regard the access proposals as acceptable.

• 74. If the scheme were approved as submitted, the developer would have the option either to build the temporary access or simply to rely upon the estate road.
• 75. Naturally, if construction use of the estate road were not expressly prohibited, it can be assumed that the temporary construction access would not be built. This would be strictly out of compliance with the stipulation of Policy RES/P/1 that there be no construction access via the estate. However, that stipulation envisaged the construction of up to six dwellings. I consider that for the construction of just one dwelling, that provision could reasonably be set aside. Archaeology
• 76. It is clearly evident from information put forward by MNH that there is potential for important archaeological remains to be to present beneath the appeal site, including human burials close to the nearby historic seat of Manx democracy. If such remains are present the only ethical approach would be to clear the site, with implications for cost and delay to the start of the development.
• 77. In the circumstances, a planning condition is essential to require archaeological investigation, excavation and recording as appropriate before any development commences. Ecology
• 78. Similarly, it is evidently necessary to safeguard known wildlife on the appeal site by way of planning conditions to secure mitigation measures recommended by the Preliminary Ecological Appraisal with respect to bats, nesting birds and lizards as well as to protect trees and replace hedges important as wildlife habitat. Therefore, a detailed landscaping plan should also be required by condition to secure and control the replacement planting. With that condition in place, the development would protect local habitats in compliance with EP4 of the IMSP."

5.3 PA 20/00787/B which is the most recent application for Area 1 is considered relevant to the current application. Paragraphs 6.2 and 6.3 of the Officer report states thus: "Principle

6.2 The application site is allocated for residential development for a maximum of six singlestory storey dwellings, without dormers, served by roads and sewers for which an advance comprehensive layout is required to be approved as well as a programme of archaeological work provided, and there is to be no construction access via the Balladoyne estate.

6.3 Proposed is the erection of 5 dwellings coupled with the 1 already approved under 19/01324/B and thus bringing the total in line with the 6 referred to in Policy RES/P/1. Each of the proposed dwellings are single storey although the roof spaces would be capable of accommodating a second floor, each roof would contain only roof-lights and there are to be no dormers and in this respect would be compliant with Part (b) of Policy RES/P/1. The proposal includes a turning head at the end of the Balladoyne estate road and how access to each of the

6 plots would be achieved and there are details shown to demonstrate conceptually how drainage can be achieved. This level of detail mimics that considered sufficient by the Inspector of 19/01324/B and it would be unreasonable to not accept this level of detail now. Matters relating to safe access, archaeology and ecology are covered in more detail below but on a whole the principle of the proposal is considered to be acceptable in respect of the land use designation, RES/P/1 and GP2(a)".

5.4 Other applications within the broader site area which are considered relevant to the application include: - 5.5 PA 11/00690/B for Residential estate layout of six plots, roads and sewers including temporary construction access to site off Station Road Fields 312909 And 314758 Land Adjacent To Balladoyne St John's Isle Of Man - REFUSED at appeal.

• 4.4.1 The Inspector accepted that the construction access was intended to be temporary but that it could be there for a year or more and the highway conditions of Station Road from which that access was to be formed was already dangerous and its use by construction vehicles would make this worse, and the risk of accident too real and too serious to be tolerated for that length of time and would have an unacceptable effect on highway safety. The St John's Local Plan does not suggest a route for the construction access in the Development Brief for Area 1 other than it must not go through Balladoyne. Just because the proposal via Station Road is unacceptable does not mean that Area 1 is undevelopable, but that better options have not yet been explored.
• 5.6 PA 15/00345/A - Approval in principle for a temporary access road for constructions traffic through field 312711 - Approved

• 5.5.1 The principle for development was accepted given the residential land use designation in the St Johns Local Plan which the temporary construction access was to serve. DOI were content that an access could be designed here in such a way as to be safe. The access from the A1 would present some advantages over the access approved from Station Road although still not ideal. If there were a concern for the living conditions of those in Westville as well as the health of the trees alongside, the route could be relocated further from the boundary to avoid this impact but this would need to form part of the reserved matters (REM) application. The standard REM conditions were added along with appropriately worded conditions relating to highway safety including detailed design sufficient to accommodate HGV access and egress, appropriate radius turning, visibility of at least 40m, wheel washing facilities and no discharge of water on the highway. A condition demonstrating that construction traffic would be suitable distance from Westbury and the trees, and that the temporary construction access may only be used and available for use to facilitate the development of fields 312909 and 314758 and must upon completion of said development be closed off and the route restored to agricultural field.
• 6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

6.1 The Department of Infrastructure (DOI) Highways Division have made the following representations regarding the application:

• 6.1.1 Representations received 27 April 2021: Additional Information required dealing with the following:

• o Coordinated approach to the number of units proposed for the area which would be above the threshold for number of dwelling stipulated within the local plan when PA

• 19/01324/B, 20/00737/B, and the current application are put together; as well as the temporary and permanent access arrangements to ensure a satisfactory means of access and plot layout to these proposed plots in the event that all the applications become successful.

• o Geometric and technical details for means of access to each plot considering the fact that the submitted drawing layout is too schematic. These details should include the layout of the pedestrian and vehicle areas within each plot, including bicycle and car parking, waste bin storage arrangements to the applicable standard.

• 6.1.2 Representations received 1 June 2021 (DNOC):

• o Highway Services accepts the revision to one unit on the understanding that construction access is via Peel Road and access on occupation is taken from Balladoyne.
• o As drawn, the access on occupation may not be deliverable depending on the outcome
• of the legal challenges described.
• o As drawn, the Balladoyne access remains reliant on the construction as well as an agreement to connect and use of the street(s) approved under PA: 19/01324/B. These streets would remain private unless transferred to the IOM Government (DOI) under an s4 Highway Agreement to become highway maintainable at public expense. An alternative arrangement may need to be explored.
• o Notwithstanding as drawn, there is need to provide the full geometric and technical details for the means of access to / from the including the adoptable standard street layout as indicated in the Manual for Manx Roads.
• o prior to commencement details will be required under a suitably worded condition for the layout of the plot access, pedestrian and vehicle areas within it, including bicycle and car parking, waste bin storage arrangements to the applicable standard. On this basis we do not
• oppose this proposal subject to conditions. Should this not be the case please re-consult.

• 6.1.3 Having reviewed the additional and amended plans submitted by the applicants, DOI Highways notes the additions and amendments uploaded on 24 September 2021 and make no further comments to those issued on 1 June 2021 (28 September 2021).

6.2 The Ecosystem Policy Team

6.2.1 Consultation on 20 May 2021: They recommend that an ecological report be submitted with the application, with the report stating the protection and mitigation that will be provided for birds and common lizards. The report should also state measures to prevent the spread of Hybrid bluebell during the construction phase of the development.

• 6.2.2 Consultation on 1 October 2021: They indicate that:

• o The contents of the Ecological Appraisal Report are in order and that they are content with the findings.
• o Any suggested mitigation should be included as an approval condition for the detailed application rather than this application.
• o Should there be a requirement for tree and shrub removal, artificial nest and roost boxes for birds and bats should be integrated onto the new buildings. The plans for these boxes should be provided at the detailed application stage.

6.3 Representation from the Department of Infrastructure (DOI) Flood Risk Management Division confirms that they 'Do not oppose' in the letter dated 20 May 2021. - 6.4 Manx National Heritage have expressed concerns over the possible impacts of the proposed temporary access on the potential for nesting birds in existing mature trees and field hedgerows around the site. They have also noted that any removal of the hedgerows, sod banks and verges (to facilitate the development) could impact on common lizards which become active during the bird nesting season. They suggest that any work on trees and sod banks be carried out between 1st September and the last week in February when there would be minimal impacts on birds (26 April 2021). - 6.5 The German Parish Commissioners have no objections in principle to the erection of dwellings on this site. However, they have made the following comments regarding the application (6 May 2021):

• o It would appear that there are two parties in conflict and it could constitute over development by stealth, as the two houses on 21/00365/A would fit into the two vacant spaces
• on application number 20/00787.
• o They object to the visibility splay for the temporary access road proposed to serve this site. It should not go as far as the pedestrian crossing and the front of the Methodist Hall, the pedestrian crossing is used by both Primary Schools.
• o There are no details as to how the development will address the road through Balladoyne which has already been damaged by Construction traffic and they have designated a bin collection point on the plan without consultation with the Commissioners.

• 6.5.1 Subsequent to their previous representation, the Commissioners have made the following comments in a letter dated 3 June 2021:

The Commissioners have no particular objection to the development of this site, but question the fact that the proposal is to build at the end of a temporary access road when access through Balladoyne Estate has not yet been established which could lead to the property being land locked once the temporary access has been removed.

6.6 The Owners/Occupiers of 12 Strathallan Crescent, Douglas has written in to request that they be granted IPS as they own part of the application site. They also noted that no ecological report and Archaeological Report has been provided as part of the current application although the previous application for the site required that they be submitted with the current application. As well, they note that there is no junction improvements with Peel Road indicated on previous application requirements for this site. Sight lines are not indicated as previously required at the junction. They have, however, stated that they do not object to the application, but consider that the information requirements of previous applications should also be required on this application. (28 April 2021/8 June 2021).

- 7.0 ASSESSMENT

7.1 Given that the applicants have clearly indicated that only the principle and means of access should be considered in this application, the key issues in this case are the principle of the proposed development and potential highway safety impacts. The impacts on ecology would only be considered as it would enable proper evaluation of this element of the scheme during a detailed application for the site.

7.2 The principle of the development (General Policy 2, Housing Policy 4, Strategic Policies 1 & 2)

• 7.2.1 As outlined within the planning policy section of this report, the site is designated for residential development and therefore the proposal for residential development is acceptable in terms of complying with the land-use designation.

• 7.2.2 It is also vital to note that Strategic Policies 1 & 2 require that new dwellings be located within existing sustainable settlements; being located so as to utilise existing and planned infrastructure, facilities and services, and that developments should optimise the use of previously developed land. This proposal would meet these aims which essentially seek development within exiting settlements rather than the countryside. This scheme would also align with Housing Policy 4 which reiterates that new housing will be located primarily within our existing towns and villages.

• 7.2.3 A key issue here, however, lies in the fact that the Development Brief for Area 1 of the St. John local plan has stipulated the maximum allowable number of dwellings here to be six, with approval now granted for six dwellings under PA 20/00787/B and 19/01324/B (approved at appeal), which implies that the current application would enable the erection of the seventh dwelling in the area, should approval be granted. Whilst the current scenario would exceed the maximum allowable set out in Policy Res/P/1 (the development brief), paragraph 2.9 of the Local Plan Written Statement clearly states that the then DoT (Department of Transport) said

that the site could, in traffic terms, satisfactorily accommodate up to a maximum of 20 dwellings.

• 7.2.4 It would be vital to note here that there is ongoing court proceeding for part of area 1 which borders on decisions for PA 19/01324/B which has the potential to alter the outcome with regard to the total number of dwellings within Area 1. Whilst land ownership is not a material planning consideration, the outcome the court proceedings could materially alter planning decisions that have been made for the broader site area (Area 1).

• 7.2.5 Accordingly, given the above reasons, it is considered that the principle of developing the site for residential development is acceptable. It is also considered that the area of the site is large enough to accommodate a dwelling with the footprint proposed, with sufficient land allowance to ensure that the required amenities are provided, with the only key concern being that the current application proposes a seventh dwelling which would be above the six dwellings designated within the Local Plan for the Area. It should, however, be noted here that the failure to comply with Policy RES/P/1 of the Local Plan is not an automatic reason to refuse the proposal given the current issues with the broader site area highlighted within paragraphs

• 7.2.3 and 7.2.4 above. More so, the other matters listed within paragraph 7.1 still need to be considered and weighed within the context of the current proposal.

7.3 Highway Impact (Transport Policy 1, 3 and 4, Strategic Policy 10, and General Policy 2h & i).

• 7.3.1 As has been noted earlier, the proposed additional dwelling increases the total number of dwellings to seven, exceeding the maximum allowable by one. However, traffic generation for one additional dwelling would not increase the pressure on the existing access through Balladoyne estate to such a level as to warrant refusal of the scheme. It is also considered that

• at the time of the preparation of the local plan, the then DoT said that the site could, in traffic terms, satisfactorily accommodate up to a maximum of 20 dwellings (see paragraph 2.9 of Written Statement).

• 7.3.2 As proposed, the permanent access for the application site would be is undeliverable given that the site would be land locked and dependent on permanent access being delivered under both 19/01424/B and / or 20/00787/B. As well, the proposed permanent access would be

at variance with the already approved plan for part of the broader site area considering the proposed permanent access would be over already approved dwelling (Plot 1 under PA 20/00787/B). This would result in the development failing to comply with General Policy 2 (k) as creating this permanent access could prejudice the use or development of adjoining land which has been designated for residential development on the local plan. Moreover, the requirements of GP 2(h) would also be unmet in that safe and convenient access is undemonstrated. It would, however, be vital to note that part (c) of the development brief clearly states that "no detailed application for development of any dwelling will be approved until such time as a detailed application for the installation of roads and sewers together with the indication of plots and landscaping has been approved by the Planning Committee". Given that this proposal is only in principle and not a detailed application, it is not considered that the scheme could be refused for failing to provide details of a permanent access in this case.

• 7.3.3 It is also considered that the location of the application site, and within close proximity to a public transport corridor would ensure that the site benefits from other modes of transportation, and minimise the reliance on the use of private cars. The site is also within close proximity to the heritage trail which could also serve as an alternative route for pedestrian movements from the site to neighbouring localities and communities. These would ensure that the scheme aligns with Strategic Policy 10 and Transport Policy 1 of the Strategic Plan.
• 7.3.4 Based on the foregoing, and given that the advice of the transport professionals and their comments are heavily relied upon and as the transport professionals do not object, it is considered that whilst the deliverability of the permanent access has not been established, the proposal could still be achievable should these be resolved with the other applicants for the

broader site area or during the detailed application for the site. As such, it is considered that the scheme as proposed would broadly comply with the requirements of General Policy 2 (h&i) and Transport Policy 4. Albeit, conditions should be attached to ensure that the full application provides full geometric and technical details for the means of access to and from the site, including the adoptable standard street layout as indicated in the Manual for Manx Roads, in addition to providing detailed plans which clearly show the layout of the plot access, pedestrian and vehicle areas within it, including bicycle and car parking, and waste bin storage arrangements to the applicable standard.

7.4 Impacts on Ecology (Environment Policy 4 and Strategic Policy 4)

7.4.1 The application has sought to provide a Preliminary Ecological Appraisal which indicates that the scheme could be sensitively integrated into the area without significant adverse impacts on ecology. Whilst comment related to the Wildlife Act 1990 and the protection of nesting birds and other protected species such as bats and lizards on site have been noted, the Wildlife Act is a separate legislation which has its controls and protective measures separated from the planning process. As such, this has not been given due consideration within the assessments on ecology.

• 7.4.2 The fact that the proposed application is for an approval in principle with the applicants clearly stating that only the issue of the principle and means of access should be considered under the current scheme implies that full details relating to impacts on ecology would be considered under a detailed application for the site. Besides, the Ecosystem Policy Team has advised that any suggested mitigation should be included as an approval condition for the detailed application rather than this application. They also advise that plans for the integration of artificial nest and roost boxes for birds and bats should be provided at the detailed application stage, should there be a requirement for tree and shrub removal on the site.
• 7.4.3 Based on the foregoing, and given that there are no significant adverse impacts resulting from the scheme, it is considered that the proposal would comply with Environment Policy 4 and Strategic Policy 4 of the Strategic Plan.

7.5 Other Matters

• 7.5.1 Archaeological Report Concerns have been raised in respect of an Archaeological Report for the site by the owners/occupiers of 12 Strathallan Crescent, Douglas. Whilst these comments are noted, the requirements of part (f) of the development brief which stipulates that such details be submitted as part of a detailed application for consideration should be noted in this case, given that the current application is an approval in principle. Albeit, a condition would be imposed to ensure that an Archaeological Report accompanies any detailed application for the site.

• 7.5.2 Highway Issues along Peel Road The comments made by the German Parish Commissioners regarding the visibility splay for the temporary access road, as well as the comments made by the owners/occupiers of 12 Strathallan Crescent, Douglas regarding sight lines and junction improvements with Peel Road are noted. However, it would be vital to state here that the current proposal does not involve the creation of a new construction access but relies on a previous approval for a construction access under PA 20/00245/B which the Commissioners stated that they had no objection to on 12 August 2020. Therefore, it is not considered that issues related to the construction access should be the subject of the current application, given that approval has already been granted for the construction access.
• 8.0 CONCLUSION

8.1 For the above reasons, it is considered the principle of residential development with means of access as shown on the submitted plans is appropriate on this site and recommended that the application be approved with attached conditions. - 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:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

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 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: 26.09.2022

Signed : P VISIGAH 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.

PLANNING COMMITTEE DECISION 26.09.2022

Application No

21/00365/A

Applicant Mr David Davies Proposal Approval in principle for the erection of 1 detached bungalow addressing means of access Site Address Field 312909 And 312711 Main Road St Johns Isle Of Man Planning Officer Presenting Officer Mr Paul Visigah

As above

Addendum to the Officer Report

• PC MEETING 28/8/2022 The Planning Committee at their meeting on 22 August 2022 considered the application and agreed that the application be further deferred pending submission and circulation of a correct plan which details the changes to the site layout in relation to the broader site area.

PC MEETING 26/9/2022 The Planning Committee considered the application and agreed with the recommendation to approve the application subject to an amendment to condition 3 to include 'drainage' being attached:

C 3. Approval of the details of siting, design, external appearance of the building[s], internal layout, landscaping of the site, drainage (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.

Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019.

• PC MEETING 29/11/21 The case officer amended condition 7 of the recommended conditions of approval for the application to include an additional item regarding submission of details for constructions access as part of the submission for the Reserved Matters application. However, the Planning Committee decided to defer decision on the application pending determination of Petition of Doleance on the broader site area. The revised Condition 7 would read thus:

C7: Highway Issues The application for the reserved matters must include the following highway information:

• i. Formal right of permanent access to site via Balladoyne Estate Road ;
• ii. Full geometric and technical details for the means of access to / from the site;
• iii. Details of all parking provision which demonstrates that a range of vehicles including those larger than standard cars, can be accommodated within the site;
• iv. Details of the storage of waste receptacles;
• v. Vehicle tracking information relating to a box van and a refuse vehicle demonstrating that they can satisfactorily access, manoeuvre within and egress from the site;
• vi. Details of the provision of secure bicycle storage;
• vii. The surface treatment of any roadways and other parts of the site which will not be covered by buildings;
• viii. Details of the construction access to the site.

Reason: the submitted information does not demonstrate how these matters will satisfactorily be addressed.