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This application is recommended to be considered by the Planning Committee as previous applications for the site have been determined by the committee and the proposed development would if approved create more than 8 residential dwellings and a legal agreement is recommended.
The application site is an area of pastureland to the north of the A24 near to the centre of Foxdale. The land runs north to a large dwelling, Lily Bank, and is bordered by development on its western side. To the east of the site, and also bordering the A24 is Springfield Terrace. To the north, the site runs alongside Lily bank, and ends at agricultural land. Across a field to the north is Kionslieu Farm, set above the village. Rosehill cottage is a single storey building on a small plot built close to the western boundary of the site.
The site is zoned within the Foxdale Local Plan (Planning Circular 5/99) as being Predominately Residential and is identified as "Area 2: Marguerite Place". Within the written statement which accompanies the plan, Paragraph 3.50 identifies a development brief in relation to the site. This states, inter alia, that: development of the site must include improvements to the A24, which may include widening of the roadway along the frontage of the site, as directed by the Department of Transport who should be consulted prior to the submission of the application; all dwellings must be designed to reflect the traditional architecture of the village; all trees must be retained and incorporated within the scheme; development of the site must acknowledge the presence on the site of the Scheduled Ancient Monument - the mound - in field 3088, and Manx National Heritage must be consulted prior to the submission of the application to ascertain the distance of the development from the mound and, any proposal must include a landscaping scheme which demonstrates how the impact of the development will be softened and how the new building will be integrated within the village; in addition, dependent on the size of the development and taking account of the proposed garden areas, a children's play area may be required.
Within the adopted Isle of Man Strategic Plan 2007, the following are considered relevant: The Strategic Aim, which states: "To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage."
Strategic Policy 1, which states: "Development should make the best use of resources by:
Spatial Policy 3, which states: "Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by:
General Policy 2, which 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:
Environment Policy 26, which states: "Development will not be permitted on or close to contaminated land unless it can be demonstrated that there is no unacceptable risk to health, property or adjacent watercourses"
Housing Policy 5, which states: "In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more."
Housing Policy 6, which 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."
Recreation Policy 3, which 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."
Recreation Policy 4, which states: "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."
Transport Policy 4, which 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."
Transport Policy 7, which states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
The following previous application is considered relevant to this application: PA 06/01371/B - 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. Refused.
PA 07/00649/B - 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. This was initially approved by the Planning Committee and was subsequently approved with conditions attached on appeal.
PA 08/01040/B - Sought approval for the residential development of the site comprising seven dwellings, four of which are first time buyers, with associated parking and serviced. This was refused by the Planning Committee for the following reason: "In the light of the information now available on the level and nature of site contamination and in the absence of information on the presence or absence of shallow abandoned mine workings that possibly exist within the site, it is considered, in accordance with Environmental Policy 26 of the Isle of Man Strategic Plan 2007 to be premature to grant planning permission until full details have been provided of the solution to be employed to deal with site contamination and of a survey to determine the nature and extent of any mine workings and how the implications of these would be incorporated within the development scheme"
The refusal was subsequently overturned at appeal. The Inspector presiding over the appeal made the following comments: "Planning permission should only be refused if by allowing the development there would be demonstrable harm to some interest of acknowledged importance. In this case the committee have speculated that the contamination of the site and the presence of the mine workings beneath the site would be of such significance that the development may be neither safe nor stable.
Under such concerns, it is incumbent upon a decision making body to consider whether there is any reasonable prospect of the perceived problems with a development being overcome by the use of a negative condition, preventing the commencement of development until certain matters had been the subject of satisfactory action. In relation to the accepted contamination of the land, and the treatment of a mound of spoil possible associated with a shaft, the Minister had been content to apply negative conditions of this nature to what was in effect an approval in principle for the development of the site.
The refusal of planning permission in this case was the most extreme action of a range of alternatives put by officers to the committee. Properly the committee should have followed the Minister's example and applied the negative condition advised upon by officers... The committee had no evidence which showed that there was likely to be some unmitigable harm if permission was granted subject to conditions."
PA 08/01321/B - Sought approval for the erection of dwellings on plots 8 to 13 and 16 to 17. The outcome of this application was the same as that outlined above.
The Highways Division does not object to this application. Patrick Parish Commissioners have submitted comments on this application stating they have raised consistent concerns regarding potential flooding in the area. It is however noted that surface water form the development is proposed to be collected within an attenuation tank. Other matters including the adoption of the proposed Public Open Space, street lighting and the naming of roads have also been raised. The Commissioners are of the view that smaller houses as now proposed are more
suitable to the population of Foxdale but they would like to see play equipment on the Public Open Space.
The Manx Electricity Authority has submitted an advisory note. The owners/occupiers of Rosehill Cottage have expressed an interest in this application. The owners/occupiers of Fuchsia House, Springfield Terrace, Foxdale object to this application commenting that the density of the development is too height, that there is insufficient landscaping proposed and that there is a lack of need for this scale of residential development. They have stated that they are not opposed to the principle of developing the site.
The owners/occupiers of Kionslieau Farm, Foxdale object to this application stating that the density of dwellings proposed is too high, and that there is insufficient tree screening proposed. It is set out that they are concerned as to how the mound will be treated and that the area of Public Open Space will be developed at a later date.
The owners/occupiers of 4 The Clock Tower, Foxdale objects to this application on the basis that the density proposed is too high and that there is a lack of pavement between the Clock Tower and the School. Concerns are also raised regarding the treatment of the contamination on the site. The design of the development is considered to be an improvement on the previous scheme.
Proposed is the development of the site with 31 dwellings with associated highways and drainage infrastructure, public open space and landscaping.
The development follows on from two applications which were submitted in 2008 and in conjunction proposed a total of 17 dwellings. This current scheme increases the number of dwellings but proposes a range of house types of various sizes whereas the previous approval focused largely on 4 and 5 bedroom dwellings.
The main issues to be considered in the assessment and determination of this application are whether the proposal complies with relevant policies contained with the Isle of Man Strategic Plan 2007, land contamination, first-time buyer housing provision and whether the proposal would accord with the specific requirements set out in the Foxdale Local Plan. The issues raised previously regarding abandoned mine workings have been resolved with the Department of Economic Development (DED) confirming that they have no interest in the site (the Department of Trade and Industry - now DED - had raised the original concerns regarding this matter.
Design, Layout and Density In terms of General Policy 2 of the Isle of Man Strategic Plan 2007 Plan, it is considered that the position and design of each of the 31 dwellings being proposed by this application would provide a satisfactory level of amenity in themselves and in relation to one another. There would be a sufficient level of parking in accordance with the Parking Standards set out within the Strategic Plan and each property would have an acceptable level of outdoor amenity space and accessibility for servicing.
The proposed dwellings represent a range of sizes and designs which is more varied than that previously approved. The two larger dwellings proposed either side of the entrance to the site would incorporate traditional design features and materials and would occupy the most prominent positions on the site, being visible from the public highway. These properties would have a similar appearance to the existing dwellings to the west. Within the estate itself, the buildings proposed would offer a varied palette of materials and most would reflect the more traditional architecture of Foxdale, particularly the "Ash", "Haven" and "Lindale" dwellings. Perhaps the least successful elements of the scheme are the "Maple" properties as these would have a more modern exterior, although the inclusion of Manx stone would act to enhance their appearance.
The siting of Rosehill Cottage which is to the north west of the site has previously been a contentious issue as the building is single storey and positioned close to the boundary of the site. The dwelling proposed to be sited adjacent to Rosehill Cottage would be an end terrace bungalow with a hipped roof. Furthermore, the applicant has deliberately moved the development away from the boundary in an effort to protect the amenity of the occupiers of Rose Cottage. The relationship of the development with Rosehill Cottage is judged to be acceptable.
Some of the comments received have expressed concern at the number of dwellings proposed by this application. Reference has been made to the Paragraph 3.11 of the Foxdale Local Plan which quotes the recommended density set out by the Sector Plan of 8 dwellings per acre. The Sector Plan was never formally adopted and as such has limited weight in the determination of this application. It is relevant to consider that the previous application for 17 dwellings represented a density of 5.6 dwellings per acre, a figure which could be viewed as an inefficient use of the site. This current application would have a density of 10.3 dwellings per acre. The important issue to consider is whether the proposed development would provide a pleasant living environment and would represent an efficient use of land. Afterall, the resourceful use of designated land serves to reduce the pressure to zone further land in order to provide housing for the Island's population.
Overall, it is concluded that the development proposed would be acceptable when assessed against the design brief for the site set out within the Foxdale Local Plan and the provisions of the Strategic Plan.
Recreation Policies 3 and 4 require the provision of open space in new residential development. The submitted site plan for this application identifies an area of the site at the northernmost point which would be Public Open Space. It is judged that this area is of a good size so as to offer a useable space. Furthermore, its location away from the A24 is considered to be appropriate and would facilitate a safe play area for children.
It is notable that the mound identified by the Local Plan is to be removed as part of this development. Since the inauguration of the local plan in 1999, it has been confirmed that there is no archaeological significance to the mound. Manx National Heritage has confirmed this and as such there is no requirement to retain and protect the mound which is in fact spoil from previous mining related activity.
The proposal includes details of both hard and soft landscaping. The Local Plan urges the development of the site to include measures to soften visual impact. The retention of the northern end of the site for Public Open Space would serve to not only preserve the existing trees in this location but would soften the impact of the development from the north and north east. Properties on Plots 20 to 30 would back on to the open countryside and it would be expected that there would be a visual impact arising from this interface. However the proposal does include new tree planting along the eastern boundary, similar to the previous applications which in time would soften this impact although it is accepted that this would not completely screen the view of the development from the A24. Having visited the site and the surrounding area, it has been observed that views of the site from the east are largely screened by existing planting. It is concluded that on balance the scheme as a whole includes sufficient landscaping to mitigate the development, bearing in mind that any development of the site is likely to give rise to some visual impact.
Land Contamination EP26 of the Strategic Plan sets out that development proposed on contaminated land will only be acceptable where is can be demonstrated that there is no unacceptable risk to health, property or adjacent watercourses. The application submission includes a Geo-Environmental survey report which presents the findings of assessments carried out by Strata Surveys Limited. These investigations have
sought to determine the contamination of the soils on site. An addendum report covers the mound separately.
The following excerpt from the report presents conclusions and recommendations for how the contamination of the site should be dealt with: "The farm land assessed in this report has been shown to have been impacted by both arsenic and lead present in the natural geology and from the historical mining of lead and silver in Foxdale over the past three centuries. There is no apparent source of Lead contamination that could be attributed to any mineral processing on the land.
The historical maps and the geological maps show the mound at the southern end of the site which is coincident with the Foxdale Lode ore vein. We are sure that this mound represents the spoil of a trial excavation to explore the position of the lead vein. If the ore vein was encountered this would explain the lead rich soil and rock, and shown in analyses to have a lead concentration of . For the purposes of this report this portion of the site has been excluded and will be discussed in a separate assessment and remediation report (this is set out later in this report).
The results of all the analyses have been reviewed in-line with current best practice to assess the risk to the proposed end use of residential with private enclosed gardens. Specific risk assessments have been carried out using the results of the physiologically based extraction tests (PBET).
The discussion has shown that the site is considered appropriate for the proposed development when the relevant assessments are undertaken. The conclusions reached are also in accord with locally determined policy from Derbyshire Dales District Council (DDDC) who have a similar geological scenario of lead ore emplacement and several centuries of mining and processing.
Thus it is the conclusion of this report that the levels of lead and arsenic concentrations exceed published Generic Assessment Criteria but that a Detailed Qualitative Risk Assessment using physiologically based extraction tests PBET tests results has shown that there is no need to remove the topsoil of construction spoil form the site.
We recommend that: The topsoil is stripped and placed in a suitably controlled area; All subsoil should be stored separately and be reused to be later covered with either hard standing or validated topsoil; All materials to be used in soft landscaping should have appropriate tests to confirm suitability." The treatment of the mound is dealt with by an addendum report. The following sets out the conclusions and recommendations which are specific to the mound: "There will be a requirement to adopt additional measures that would detail the extent of any metals contamination migration from the mound and thus define a zone where remedial measures are required. A grid of sample points should be established around the mound perimeter and then appropriate analyses undertaken to define the edge of the contamination zone.
When the contamination zones have been established and then related to development plots then the selection of appropriate remedial measures can be made.
The standard remedial measures to be taken with metals contamination is to provide a barrier system to isolate the source of the contamination from the end user of the development.
The contaminated soil would be covered with a design cover using the BRE/NHBC "Cover systems for land regeneration" (BRE Report 365) method.
The BRE/NHBC method will comprise a "Simple System" where the risk is from contaminants in a solid phase, i.e. no vapour risk, and where there is limited possibility of deeper soils being raised to surface by burrowing animals.
The cover layer will only apply to the soft landscaped areas of the mound area development. Under the houses, garages, driveways and permanent hard paved areas the soils can remain as there is no pathway that could affect the end user.
The design methods assumes that there is a crushed granular break layer over the contaminated soil and that a sufficient thickness of validated sub-soil and topsoil can be placed to prevent soil mixing or if soil mixing can take place the concentrations of the target contaminant does not exceed the relevant guidance value.
The design relies on the validation of the remediation materials, so that a full assessment of potential soil mixing dilutions can be calculated.
A simple cover system will be constructed such that a total cover 600 mm , with a geotextile separator layer a minimum of of crushed granular fill as a capillary layer break layer, a further geotextile separator may be included and then subsoil and topsoil to bring up the required thickness.
The cover system is only as robust as the design and construction methods adopted. Validated of each of the components of the cover layer construction is essential. Validation testing of the components of the cover system must be undertaken."
It is important to understand the function of the Planning Authority in dealing with proposals to develop contaminated land. Land contamination is a matter that is regulated by Building Control. However, the Planning Authority must be satisfied that contaminated land can be developed safely for future occupiers and those that live near to the site. It is with this in mind that EP26 takes its stance of requiring the demonstration of appropriate safeguards. It should be noted however that there are likely to be a variety of possible methods of dealing with contamination on this site and that the approval of the detailed safeguarding works rests with the Building Control Section of the Department and with the Environmental Protection Unit (EPU) of DEFA. Having spoken with the Senior Building Control Officer, it has been established that the site can be developed for residential purposes in a manner which would be acceptable however the precise details of this have not yet been confirmed. Tests are continuing and this analysis will serve to direct any remediation works.
The information contained within the survey reports is comprehensive and provides a relatively detailed methodology for rendering the site safe for the proposed residential development. However, it is considered that a detailed method statement is required in order to fully demonstrate how the contamination on the site is to be overcome. The previous applications were approved subject to a condition which required this information to be submitted prior to any works on site commencing. Whilst the information submitted with this application is of a more comprehensive nature than that provided with the previous applications, it is judged appropriate to attach a similar condition to this application.
The requirement for of the dwellings created to be affordable would result in 8 dwellings being allocated as affordable units (rounded up from 7.75). A legal agreement to secure this provision should be entered into prior to any planning permission for this development being granted.
The Highways Division has considered this application commenting that the proposal provides an access with adequate visibility splays and that the road layout complies with Manx Roads. The parking standards are also accepted as being sufficient for the scheme.
It is noted that some of the garages and driveways are below the minimum widths stated in Manx Roads, however the garages are within the minimum widths of the Permitted Development Order. The Highways Division has indicated that this may lead to vehicles not being parked in the garages and instead being parked on the public highway. This is not a reason for refusal on highway grounds but should be considered when determining the application.
Patrick Parish Commissioners have raised concerns over the drainage of the site. The Drainage Division of the Isle of Man Water and Sewerage Authority has considered the application and raised no objection. The Drainage Division is the statutory authority on drainage issues, and as such it is considered that the proposed development can be drained adequately to meet their standards.
It is recommended that this application be deferred pending the completion of a legal agreement which secures at least of the dwellings as affordable units. On completion of a legal agreement, it is recommended that the application be approved subject to the conditions set out at the end of this report.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status: Patrick Parish Commissioners The owners/occupiers of Rosehill Cottage, Foxdale The owners/occupiers of 4 The Clock Tower, Foxdale Accordingly the following parties are not granted Interested Party Status: The owners/occupiers of Fucshia House, Springfield Terrace, Foxdale The owners/occupiers of Kionslieau Farm, Foxdale The Manx Electricity Authority The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommended Decision: Defer Legal Agreement
Date of Recommendation: 24.01.2011
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
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.
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.
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.
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.
I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : Authority Meeting Date :
Signed : Presenting Officer Further to the decision of the Authority an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
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