2 January 2008 · Delegated
Land Opposite, Springfield Terrace, Foxdale, Isle Of Man, IM4 3hg
This application sought permission to lay out an estate with plots, roads, and sewers on land opposite Springfield Terrace in Foxdale, and to partially reclaim old mine workings on the site. The site covers approximately 4 hectares, with around 2.2 hectares identified for development, lying to the south of the A24 highway. The case officer recommended refusal, though the specific reasons are not set out in the available documents. The application was ultimately withdrawn by the applicant on 2 January 2008, so no formal planning decision was ever issued.
The application was withdrawn by the applicant on 2 January 2008 before a formal decision was issued. The case officer had recommended refusal, though the reasons for that recommendation are not detailed in the available evidence.
Foxdale Local Plan 1999 Policy F/P/E/2
guidelines set out in Policy F/P/E/2 referring to areas where there is a known risk of heavy metal pollution, have not been complied with
## 2.17 F/P/E/2 - POLICY In areas where there is a known risk of heavy metal pollution (see paragraph 2.2i), the following guidelines must be applied when a development is proposed: i. any development proposal must be accompanied by a full site investigation including both geotechnical and geochemical reports. ii. planning applications should address the best practical options for dealing with any contaminated fill either by removal to an approved site or by isolating it in situ. iii. where, for historical reason mine spoil is existing within a development and it is unrealistic to remove/cap it, then adequate landscaping should be specified. This may include a low-cost solution of revegetation with indigenous species provided that the Department can be satisfied that an adequately stable surface can be created. This is particularly important where slopes in spoil are adjacent to stream courses and in such cases the Government may wish to enter into a joint scheme to obtain other benefits for the community such as an access, nature trail or river bank stabilisation programme. If possible, any future landscaping scheme should include an area of impeded drainage in the hope that nature can be assisted to re-create the varied and valuable plant community previously existing and including northern marsh orchid Dactylorchis and Adderstongue Fern, Ophioglossum Vulgatum. iv. where proposals contain existing or proposed slopes made or cut into toxic fill/mine waste adequate attention must be paid to slope stability, likelihood of gullying or other threats which may mobilise toxic materials to the environment. v. planning applications should show how any toxic fill is to be prevented from being mobilised both during the course of development and afterwards. vi. surface and stormwater drainage must be fully specified in plans where the land contains toxic fill/mine spoil. The general principle will be to keep surface waters and subsurface drainage away from the fill where practical. Thus drainage from roofs and tarmac/concrete must be routed through solid-walled pipes to the stream network. vii. if possible schemes should be value-added in environmental terms: for example where field drains carry water into an adjacent area of spoil the developers should be encouraged to construct interceptor drains to avoid water entering spoil beneath the development. viii. no soakaways will be permitted in these areas. ix. plans which show proposed open space (grassed areas, gardens, etc.) over toxic waste should show in adequate detail how toxic material is to be isolated from both exposure at the surface and the ingress of drainage water. This will normally mean either the use of clay or installation of a membrane barrier. x. no bare ground, either as open space or trackways, made of spoil or toxic waste should be permitted. Where activities are likely to cause wear to the surface then those areas should be capped with an inert cover to a standard specification. xi. a condition may be attached to any planning approval granted such that adequate aftercare/landscaping is undertaken. NOTE: Further to the Government obtaining other benefits from the development, such as a nature trail, the Manx Nature Conservation Trust may be of assistance in terms of practical land management to conserve and enhance the habitats and their constituent flora and fauna, production of a nature trail, provision of interpretation boards leading guided walks and field study/educational courses, giving talks and slideshows to the local community and other groups.
affordable housing
The proposal fails to make any provision for affordable housing, in contravention of Housing Policy 5 of the Strategic Plan
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.
Energy Impact Assessment
measured open space
the Strategic Plan contains policies which are applicable to this site including specific amounts of measured open space (Recreation Policy 3)
Recreation Policy 3: Where appropriate, new development should include the provision of landscaped amenity areas as an integra l 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. 10.3.9 Open Space in new developments should be provid ed within the site, but where it is impractical to provide the recreational space within the site, consideration may be given either to (a) provision off-site, but conveniently close thereto; or to (b) the use of commuted sums, which, under the terms of a section 13 Agreement, would be paid to the Local Authority as a contribution towards the provision of community recreational open space. Further details of these requirements are included in Appendix 6.
