2 March 2011 · Committee
Field 334281, East Foxdale Road, Foxdale, Isle Of Man, IM4 3jx
Permission was granted for the erection of 31 dwellings on land at Springfield Terrace, Foxdale, Isle of Man, along with associated highway and drainage infrastructure, public open space, and landscaping. The site is bordered by existing development to the west, Springfield Terrace and the A24 to the east, and agricultural land to the north. Key planning issues identified in the officer's report included land contamination on the site, the need to provide first-time buyer housing, and the requirement for the development to accord with the Foxdale Local Plan. The officer had recommended deferral until a legal agreement was completed to secure a proportion of the dwellings as affordable units, after which approval subject to five conditions was recommended. The application was ultimately approved on 2 March 2011.
The application was approved on 2 March 2011. The officer had initially recommended deferral pending completion of a legal agreement to secure a proportion of the dwellings as affordable units, with approval to follow once that agreement was in place. The decision was ultimately permitted, subject to five conditions, with key planning considerations including land contamination, first-time buyer housing provision, and compliance with the Foxdale Local Plan.
Strategic Aim
Isle of Man Strategic Plan 2007
Strategic Policy 1
Isle of Man Strategic Plan 2007
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
Spatial Policy 3
Isle of Man Strategic Plan 2007
General Policy 2
Isle of Man Strategic Plan 2007
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
Environment Policy 26
Isle of Man Strategic Plan 2007
loped land is an important element in achieving regeneration and sustainable development objectives and to improve both the built and living environment. This is supported by paragraph 7.20.2 and Environment Policy 26 of the Strategic Plan. Development proposals on contaminated and/or unstable land, or where previous land use may indicate some level of contamination, must include an assessment of the extent of contamination and/or instability and any possible risks. Transport and Utilities Introduction This Chapter focuses on Transport (roads, public transport, cycleways, footpaths) and Utilities (energy, telecommunications, water supply, sewerage drainage and electricity). This Plan addresses infrastructure issues within distinct C hapters but it is impossible to plan for different kinds of infrastructure in isolation. The work undertaken to support this plan has included comprehensive site assessments looking at all aspects of development and needs in terms of supporting infrastructure, as well as scenario testing work which looked at broad development patterns and the implications on infrastructure as a whole. Issues relating to roads and utilities are often referred to as grey infrastructure and were discussed in the scenario testing work in these terms. Ahead of sections on ' area plan objectives' and 'area plan desired outcomes' in this Chapter, there is a brief discussion of two important long term infrastructure strategies which set the broad context for the preparation of the Area Plan for the East. This Plan incorporates the objectives of both the National Infrastructure Strategy and the Harbour Strategy and is in support of their desired aims. Strategic Plan Implementation - Transport and Utilities The Isle of Man Strategic Plan contains specific strategic policy in respect of transport and other grey infrastructure. The Chapters on Strategic Objectives and Strategic Policies state that development needs to: • optimise the use of previously developed land; • use sites efficiently; • utilise existing and planned infrastructure, facilities and services; • minimise journeys by private car, make best use of public transport, not adversely affect highway safety for all users, encourage pedestrian movement; • be located and designed to promote a more integrated transport network; • encourage the efficient use of energy; • safeguard the efficient operation of the Island's ports for fishing, commercial and leisure use without compromising environmental objectives; and be well served by modern telecommunications without compromising the protection of the landscape. The overall objective for these may be summed up as being to protect pub lic-benefiting utilities and other assets and enable the orderly provision and co -ordination of these and other facilities for the benefit of the community. Since the Strategic Plan 2016 was adopted, some changes have occurred relevant to the services and utilities - changes to titles of service authorities and suppliers and changes to strategies and service types and terms used to describe those types. None of these changes alter the intention of the policies in the Strategic Plan and are thus taken into account in this Area Plan as natural evolutions of business operations. All-Island Strategies National Infrastructure Strategy15 While the Area Plan for the East is a short to medium term document, the National Infrastructure Strategy (NIS) aims to ensure there is an integrated, reliable, secure and resilient provision of Island-wide infrastructure that meets the social and economic needs of the Island up to 2050. The document presents an audit of the Island's current infrastructure, sets out the available capacities for each key asset and identifies any known issues with supply. It then examines a number of factors which could impact on the future provision of the Island's infrastructure: the Island's population and age structure, the spatial distr ibution of development, the economic situation of the Island, climate change, technological change and the need to meet national and international obligations and regulations. Finally, consideration is given to the obsolescence of each of the Island's key assets. Key assets in the East identified in the document are: • Douglas and Laxey harbours • Combined Cycle Gas Turbine (CCGT) facility at Pulrose and the Energy-from-Waste Facility at Richmond Hill • Gas pipeline for Glen Mooar to Pulrose Power Station • LPG stores in Douglas • The Douglas Water Treatment Works • West Baldwin, Clypse and Kerrowdhoo Reservoirs • Meary Veg sludge treatment facility The NIS Strategy identifies the following issues faced by specific assets: • Flood risk to the National Sports Centre, D ouglas Fire Station, Banks Circus bus depot, Douglas Railway Station, Pulrose Power Station and Pulrose Bridge after major flooding occurred in 2015; and • traffic congestion at Quarterbridge and Governor's Hill roundabouts. The Strategy concludes that the Island's key assets are currently ma
Housing Policy 5
Isle of Man Strategic Plan 2007
Housing Policy 5: 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. The term affordable housing is defined by the Department as housing which is either: directly provided by the Department; or directly provided by Local Authorities; or meets the criteria for the Department's House Purchase Assistance Scheme 2004 (and any successor schemes approved by Tynwald). 8.7 New Housing in Existing Settlements 8.7.1 Recent Local Plans and Area Plans have included development briefs guiding the design and layout of land which is zoned for residential use. Such briefs should not needlessly prescribe design, but should indicate site-specific constraints, the need for provision of public facilities or amenities (such as play areas, neighbourhood shops, or land for schooling, open space, or road improvements), and, if appropriate, the maximum or minimum density and the need for the inclusion of an element of affordable housing. Where these briefs state that an optimum density should be achieved this should not be used as an argument for higher density development which has an adverse effect on the residential amenity of adjoining properties or the character of the area.
Housing Policy 6
Isle of Man Strategic Plan 2007
Housing Policy 6: 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. 8.8 Groups of Houses in the Countryside 8.8.1 There are in the countryside man y small groups of dwellings which, whilst not having the character of, or the full range of services usually provided in a village, nevertheless have a sense of place and community. These groups are found variously at crossroads, in places sheltered by trees or topography or around chapels, abandoned mills or smithys. 8.8.2 Adding further dwellings to these groups may not accord with our strategic objectives relating to settlements and sustainability but may assist in meeting the need of rural areas; may maintain social and family associations and assist in sustaining the rural economy; and may reduce the pressure for purely sporadic and isolated development which the Department would not support. Such additions would also need to be sensitively related to the existing settlement pattern and the landscape. 8.8.3 In the most recent local and Area Plans, the Department has in fact identified a number of these opportunities and in future Area Plans all groups of houses in the countryside will be assessed for d evelopment potential by identifying the village envelope or curtilage and providing the opportunity for appropriate development within this area. There may be some settlements where no additional dwellings will be permitted. In considering the definition o f this curtilage or envelope, particular regard will be had to the value of existing spaces in terms of their contribution to the general character of the settlement or to public amenity more generally. It is important, however that such development is controlled by the development plan process rather than as ad hoc decisions taken in isolation. 8.9 New Agricultural Dwellings 8.9.1 As is indicated in Chapter 7 (at Section 7.14), permission will not be granted for new agricultural dwellings in the countryside unless there is real agricultural need demonstrated sufficient to off-set the general planning objections to new dwellings in the countryside. 8.9.2 Agricultural need should be established having regard to: (a) what living accommodation has been built on, or in association with the farm holding in the past, and how it is now occupied; and (b) who will occupy the proposed dwelling, and what role they will play in the operation of the farm; in some circumstances, there will be a legitimate need for a dwelling for a retiring farmer who proposes to vacate the farmhouse but to continue to assist on the farm.
Recreation Policy 3
Isle of Man Strategic Plan 2007
and other Island -wide considerations relevant at the time. c. As there is uncertainty over the need for and the timing of their release, the two residential Strategic Reserve S ites (SR1 and SR3) are shown as being outside the settlement boundar y for Colby. Pending any additiona l land release, the se Strategic Reserve Sites will be subject to General Policy 3 (Development outside of area s zoned for development) of the Isle of Man Strategic Plan and development will not be permitted that would prejudice their future use. If, and w hen an identified Reserve Site has been released, the site would then form part of the built up area and taken to be within the identified settlement boundary and subject to General Policy 2 (Development within land-use zones) of the Isle of Man Strategic Plan.
Recreation Policy 4
Isle of Man Strategic Plan 2007
Transport Policy 4
Isle of Man Strategic Plan 2007
Parishes which are examined in more detail later in the document. A key factor in the formulation of the Spatial Vision has been consideration of the findin gs of the Landscape Character Assessment4; an Island-wide Study undertaken in 2008.
Transport Policy 7
Isle of Man Strategic Plan 2007
development brief
Foxdale Local Plan (Planning Circular 5/99)
Condition 1
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Condition 2
This approval relates to the erection of 31 dwellings with associated highway and drainage infrastructure, public open space and landscaping, Field 334281 and adjoining land, Springfield Terrace, Foxdale, Patrick as shown by 2392.01.01 (Site Plan), 2392.02.01 (Location Plan), 2392.01.02 (Landscaping), 2392.03.03 (ASH2), 2392.3.04 (Mannin), 2392.3.05 (ASH3), 2392.3.06 (Haven), 2392.3.07 (MAPLE 2010), 2392.03.08 (Street Elevations), 2392.3.09 (Oak Special), 2392.3.10 (Aspen), 2392.3.11 (Lindale), 2392_ADR_500 (Drainage), Supporting Information, 10-275-001F (Transport), 14955-01 (Geo Report) and 14955-02 (Geo Report) all received 21st October 2010.
Condition 3
Prior to commencement of works on site, there must be submitted to and approved by the Department a report detailing how the contamination (namely high levels of metals) on the site is to be remediated or otherwise dealt with in order to render the site suitable for development. The report must be prepared by a suitably qualified person or persons and follow consultation with the Building Control Section of the Department of Infrastructure and the Environmental Protection Unit of the Department of the Environment Food and Agriculture. No development may take place on parts of the site affected by contamination until the works specified in the report have been implemented.
Condition 4
No dwelling authorised by this permission may be occupied unless and until the access road between that dwelling and the existing highway, including footways and turning heads has been laid out in accordance with the submitted plans and constructed to at least base course level.
Condition 5
All planting, seeding and turfing shown by the submitted plans must be carried out within the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Sought approval for a residential layout for 16 plots including 3 plots for affordable housing with associated roads and sewers, land adjacent to Lily Bank, Foxdale.
relevant to this application
Sought approval for a residential layout for 17 plots including 4 plots for affordable housing on land including Fields 334281 and 334282 adjacent to Springfield Terrace, Foxdale.
relevant to this application
Sought approval for the residential development of the site comprising seven dwellings, four of which are first time buyers, with associated parking and serviced.
relevant to this application
Sought approval for the erection of dwellings on plots 8 to 13 and 16 to 17.
relevant to this application