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Application No.: 16/00751/B Applicant: Yorkfields Limited Proposal: Variation of condition two of PA 14/00295/A Approval in principle for residential development of the site and means of access to extend the period of permission Site Address: Fields 333135, 33500, 334998 And 334999 Land Opposite Springfield Terrace Foxdale Isle Of Man Case Officer : Miss S E Corlett Expected Decision Level: Planning Committee
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE
1.1 The site defined in red is a parcel of land situated on the southern side of the A24 road which links the Eairy with Foxdale village. The site is presently undeveloped and slopes upward towards the south by around 11m over a distance of around 180m. The site edged red is around 5 acres (1.98ha). - 1.2 The site has a frontage to the A24 of around 176m. On the northern side of the road from most of this frontage are residential properties - 1 - 9 Springfield Terrace, some semi-detached and mostly detached dwellings. Number 9 has associated with it boarding kennels on the land alongside the dwelling. To the west of Springfield Terrace is a developing estate of 31 dwellings known as Springfield Rise - a development amounting to approximately 9 dwellings per acre. Kiondhooag, a detached dwelling with associated stabling lies to the south west. The site also includes a small building to the east of the site which is to be reconstructed as an electricity substation, the details of which are not provided in this application. THE PROPOSAL
2.1 Proposed now is the variation of condition two of an approval granted for the principle of residential development. This condition, attached to PA 14/00295/A required that the application for reserved matters be submitted within two years of the date of the notice (20th August, 2014). That approval sought permission in detail for the means of access into the site and simply the principle of residential development thereafter. The approval contained conditions which made provision for affordable housing, sought details of the disposal of surface water and the visual impact of the development. The applicant seeks only to vary the condition requiring the submission of the reserved matters on the basis that they are not yet in a position to design the layout sufficient for a detailed submission. - 2.2 The approved scheme shows the introduction of a new access from the A24 - a highway 5.5m wide with visibility splays of 2m of 70m. The scheme also provides a footway along the full length of the site.
2.3 The applicant's intention is that the existing watercourse will be culverted with a concrete channel lined with "concrete canvas" on which plants can grow and spread. - 2.4 The information submitted with the 2014 application in respect of contamination - namely "Land at Foxdale Isle of Man Contamination Review and remedial Strategy" dated November, 2010 draws upon information and data from two previous detailed studies of the site - The Wolverhampton Polytechnic Report of 1991and the earlier study by Richards Moorehead and Laing in 1986. Further reference is made to the RPS study in 1989, the Smith grant Partnerships report in 1994 and the Wardell Armstrong Mining Desk Study report in 2008. No further more up to date sampling has been undertaken as part of this application. The report explains the impacts and constraints of contamination by heavy metals. It recommends that detailed geo-environmental site investigation, geophysical investigation and inspections and testing of soil cover and depth be undertaken. PLANNING POLICY AND STATUS
3.1 The site is within a wider area that also extends to the west which is designated as Predominantly Residential. This designation includes land to the west which is not within the site which is presently undeveloped fields. A development brief accompanies the designation, in the Written Statement, Planning Circular 5/99. The Local Plan also refers to density at paragraph 3.11 which states "At the density recommended by the Sector Plan of 8 dwellings per acre, the current land use designations could result in a further 119 more dwelling units added to the village, if all approvals and zoned land are developed in full". The specific development brief for the site is as follows: "Area 3: Land Opposite Springfield Terrace
3.51 The Department is aware that the ownership of this land extends further east to include the area known as the Louisa Mine site. It is considered that the development of some of this area, opposite Springfield Terrace to "Kiondhooag" would not be detrimental to the policy of containing new development within an established village perimeter. However, it has been stated that there should not be any further estate-type development within the village and that development should be restricted to small-scale pockets of land within the village's natural boundary. Whilst within the visual boundaries of the village, the site represents approximately seven acres - not necessarily a small-scale site. It should also be borne in mind that the school's capacity is already limited. - 3.52 The Department considers, however, that as the current land-ownership extends beyond the area indicated as being potentially suitable for residential development and includes the Louisa Mine site, then this may present a valuable opportunity by which to secure the reclamation of the mine site for the benefit of the village as a whole. As such, if a proposal for residential development were accompanied by a proposal for the reclamation and restoration of the Mine site, then development of the site for residential purposes may be considered favourably by the Department. - 3.53 It should be noted that development of the site will not be permitted to commence until such times as the Louisa Mine site has been reclaimed and restored in a safe and attractive manner, to the satisfaction of the Department of Local Government and the Environment. - 3.54 It is considered appropriate therefore that development of the site may be permitted in accordance with the following development brief:
3.2 In addition to the provisions of the local plan, the Strategic Plan, which was adopted after the local plan, contains the following policies which are considered relevant to the consideration of this application: the site lies within an identified settlement and the site is designated for development so the polices relating to sustainably located development are taken to be satisfied:
General Policy 2 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:
3.3 Transport Policy 4 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." The applicant has submitted an amended plan which includes traffic calming elements, following discussion with the Highways Authority. - 3.4 Environment Policy 7: "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which would not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:
3.5 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 applicant indicates that the provision of affordable housing has been discussed with DSC and "the present preference is for a commuted payment". - 3.6 Recreation Policy 3: "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 pace in accordance with standards specified in Appendix 6 to the Plan." - 3.7 Recreation Policy 4: "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." - 3.8 Appendix 6 of the Plan sets out the standards for the provision of Open Space in association with residential developments. This requires that open space is provided at the following rates: For a one bedroomed unit 27 sq of formal open space, 9 sq m of children's play space and 12 sq m of amenity space (a total of 48 sq m). For a two bedroomed property 36 sq m of formal space, 12 sq m of children's play space and 16 sq m of amenity space (a total of 64 sq m) and for properties with three bedrooms or more, 54 sq m of formal open space, 18 sq m of children's play space and 24 sq m of amenity space (a total of 96 sq m). Assuming that the nine terraced dwellings are two bed and the other 38 are three or more beds, this would result in an overall requirement for 2376 sq m of formal, 792 sq m of children's play and 1056 sq m of amenity space - 1848 sq m excluding the formal open space.
3.9 As there have been incidences of flooding within the village, it is relevant to consider Environment Policies 10 and 13:
Environment Policy 10 states: "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4."
Environment Policy 13 states: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted." The applicant states that the clearing and cleaning of existing watercourses and the provision of a concrete lining thereof will "alleviate virtually all flooding in the area" and that only a small part of the site is liable to flood which is related to incapacity of the existing culvert and also that flooding in this site does not lead to flooding in the wider area.
3.10 Strategic Policy 1 which states: "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 and amenity standards and c) being located so as to utilise existing and planned infrastructure, facilities and services". - 3.11 Foxdale is identified as a Service Village where "Area Plans will define the development boundaries of such villages so as to maintain and where appropriate increase employment opportunities. Housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing." Whilst not an Area Plan (as the Foxdale Plan was introduced under legislation which referred to local not area plans), the provisions of the Foxdale Plan are applicable in this case in terms of the site being identified as suitable for residential development. - 3.12 None of these policies have changed since the consideration of the previous application. PLANNING HISTORY
4.1 Planning permission was granted for the remediation of the land to the north east through PA 12/01053/B for the erection of a dwelling and significant landscaping of the surrounding area: the application site abuts this and the area defined in blue is part of the land which has been reclaimed as part of the 2012 application. - 4.2 Permission has recently been granted for the development of the land immediately to the west for residential purposes (PA 15/00978/B).
REPRESENTATIONS Previous application
5.1 In the previous application Department of Environment, Food and Agriculture Fisheries Division had no objection to the scheme but would appreciate being informed with works are to commence and that appropriate mitigation (sedimats) is agreed with the Fisheries Officer and installed prior to the diversion of the water into the new watercourse. - 5.2 The owner of Fuchsia House, Patrick Parish Commissioners, the owners of the land alongside, the owner of Eairy Mount and 8, Springfield Terrace all expressed concern about various aspects of the development. - 5.3 Department of Environment, Food and Agriculture Wildlife Division expressed some concern about the adjacent land edged in blue in respect of potential impact on nature conservation but has had confirmation from the applicant that no works are proposed in this area as part of this application.
5.4 Department of Economic Development in respect of their responsibility for minerals, referred to reference in the application to the Potts Shaft and to a circular concrete structure which the 2008 Wardell Armstrong report suggests is a cap sealing that shaft. They suggested that there is some doubt about this assumption. They advised that during site visits to identify possible mine features ahead of Jamie Cubbon's development of other land in the vicinity, Pete Geddes was minded to consider that the concrete was associated with a pumping mechanism that was once connected to the Louisa Shaft. If that is correct, then it was recommended that the developer carefully investigates as the shaft must lie somewhere close (between the concrete circle and the concrete columns to the west?), and it should be assumed has not been capped. They recommended that the developer must notify the DED of the intention to undertake any drilling or exploratory work where drilling is to be in excess of 15m below the surface (in accordance with Section 10 of the Minerals (Amendment) Act 2006. In the event that planning permission is granted, they recommended that the developer should make contact with the DED to advise of the nature and commencement of ground investigations and to provide details of the proposed treatment works to the Potts Shaft (if any); and to provide details of the actual location of the shaft. - 5.5 Manx Utilities Authority (Drainage) had no objection to the application provided that the appropriate information is provided in respect of the watercourse diversion and culverting. They recommend that no adoption of the drainage system will be put into place until at least 50% of the proposed dwellings have been completed and occupied. - 5.6 Manx National Heritage noted that the development will contribute to visually eradicating the remains of mining in this part of the Island and recommend that the applicant survey and photograph/record the industrial remains surrounding Pott's Shaft and will be pleased to provide a brief for this. They also suggested that some consideration is given to interpretative boards and information on the mining history of the site for the public benefit. - 5.7 David Anderson MHK considered that the development is contrary to the provisions of the Local Plan in terms of the disregard for planting and landscaping to soften the impact of the development. Current application - 5.8 In respect of the current application, almost none of those who commented previously have expressed a view. Manx Utilities indicate that they have no objection subject to the following conditions:
materials
5.9 Patrick Parish Commissioners object to the application on the basis that there is no stated reason for the request for an extension and wonder whether there is demand for the development of this land. They are of the view that not all of the land is designated for development and that there is no need for the development as the number of houses stated in the Strategic Plan has already been reached. They are concerned about drainage (09.08.16). - 5.10 Highway Services raise no objection (16.08.16).
6.1 The conclusion reached in the assessment of the earlier application was that the site is identified as being suitable for residential development, and whilst the Foxdale Local Plan sets out a general density of 8 dwellings per acre, this is relatively low and could conflict with the requirement of the Strategic Plan's policy to encourage the optimum and efficient use of sites although this should not mean that a development which appears out of place or which provides for a cramped environment within the development, should be allowed. The previous application removed all consideration of the details of the scheme as it was not considered that there was sufficient attention to the requirements of the local plan and what was approved was simply the principle of residential development of the site together with the means of access to it. - 6.2 The critical issues at this point were identified as being whether the principle of development is acceptable, whether the access is suitable and whether the site can be drained of foul and surface water and whether the development will result in flooding issues. - 6.3 There was and is no indication from the Drainage Authority that the site cannot be drained satisfactorily of either surface or foul water and whilst the disposal of surface water will depend upon work outside of the site, much of this is controlled by the Manx Utilities Authority (Drainage) and will be required prior to any occupation of the dwellings and potentially prior to the construction of any of the dwellings which have yet to be proposed. There is no indication from the Manx Utilities Authority (Drainage) that the development will result in flooding. However, it is not clear how the site will be drained if existing culverts or pipes need upgrading, expanding or replacing and they are not within the applicant's ownership or control. This detail can be provided as part of the reserved matters. - 6.4 It was clear that the site can be accessed satisfactorily and that it can be developed for residential purposes. It is recommended that the application is approved but only for the principle of residential development of the site and with the access as shown in the submitted drawing. The application for the reserved matters - the internal roads, sewers, public open space and the position and details of the dwellings, should demonstrate that more planting than is shown along the eastern boundary of the plot, that dwellings which look directly towards each other have at least 20m between them and each dwelling has at least two car parking spaces which are a minimum of 5m by 2.5m (ideally they should be 6m by 3.25m).
6.7 It was considered important that not only is public open space provided but that it is suitable for use by the intended population of the development and in this respect it is important that the public open space is laid out with the inclusion of children's play facilities as well as general amenity space. This should be controlled by a condition. The provision and maintenance of the play equipment is often the function of the local authority after agreement with the developer as to what equipment is to be provided and where. - 6.8 It was also considered important that affordable housing is provided in association with the development. As the total number of dwellings is not known, bearing in mind the concerns regarding the soft edge, the separation distances and tree planting, it is considered inappropriate to require that a decision on this application is deferred until such times as a legal agreement is in place to determine and ensure the provision of affordable housing. It should be noted within the conditions of any approval that affordable housing will be required at the ratio of 25% of the number of plots approved. - 6.9 Finally, the industrial heritage of the area is interesting and unique to the Island and whilst the development of this site and the land to the east and north east will visually improve the appearance and character of the whole area, it will result in the potential loss of visual reminders of the history and evolution of the village. As such, a project to interpret this and to provide information for the public would be commendable, although not specifically related to this particular site. The local authority and Manx National Heritage are encouraged to liaise in respect of this.
6.10 None of these conclusions has changed since the taking of the earlier decision. - 6.11 Whilst the Commissioners' concerns are understood, it is not mandatory to have to demonstrate that there is a need for the houses which will result from the development of land which is designated for development. Also, whilst the Strategic Plan identifies the number of houses which are required for a specified period, and it is the case that the amount identified up until 2015 had been reached and exceeded, this number is not a ceiling or maximum and as such, without any demonstration that such numbers would be harmful, it is not considered that this is a reason for refusing the application. There was not nor is there any indication that there was any issue with the principle of draining the site from the responsible authority. The site is designated for development other than a very small triangle of land at the eastern side of the site, consistent with the earlier approval. - 6.12 It is recommended that the approval is extended for a further two years to allow the reserved matters information to be prepared and submitted. The application is subject to all of the conditions previously applied.
PARTY STATUS 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation Recommended Decision: Permitted Date of Recommendation: 09.08.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
REASON: It has not been demonstrated that the plot development as shown will result in a soft edge to the development as required by the Foxdale Local Plan and that there is acceptable separation distances between the properties and the proposed tree planting. As such, no approval is hereby granted to any number or layout of plots.
REASON: The approved plans show there to be remedial works carried out off site by third parties in order for the proposed diverted watercourse to be effective.
REASON: To accord with the principles of the Foxdale Local Plan and to have an acceptable environmental impact.
N 1. The applicant is advised to consult Manx National Heritage in respect of any industrial archaeological interest within the site, prior to the commencement of works to ensure that any features of interest are recorded.
This approval relates to drawing 1400/01/01 received on 28th June, 2016.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : …Permitted.. Committee Meeting Date:…05.09.2016
Signed :…………S CORLETT……….. 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
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