Officer Report

Application No.: 25/90393/B Applicant: Hartford Homes Proposal: Amendment to PA 22/01133/B (residential development comprising 73 dwellings), change to approved house type on plots 57 to 61 and 71 to 73 Site Address: Fields 210401, 210403, 210451 & 210 Ballagarraghyn Bretney Road Jurby Isle Of Man Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 30.05.2025 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The cycle parking store details as shown on approved drawing 502 shall be carried out as approved prior to the first occupation of each dwelling, and shall thereafter, be retained and maintained for thereafter.

Reason: In the interests of highway safety i), ii) and iii); to ensure that sufficient vehicle and cycle parking provision is provided to serve the development iv) and v).

• C 3. Prior to the occupation of any dwelling 2 car parking spaces associated with that dwelling as shown on approved drawing 502 shall be provided and retained as such thereafter. Reason: To ensure that the car parking standards are met in the interests of highway safety.
• C 4. The bat, bird and bee boxes as shown on approved drawing 502 shall be carried out as approved prior to the first occupation of each dwelling, and shall thereafter, be retained and thereafter. Reason: In the interest of biodiversity.
• C 5. All planting, seeding or turfing comprised in the approved details of landscaping (22/01133/B) and on approved drawing 502 must be carried out in the first planting and

seeding seasons following the completion of the development or the occupation of the kennel extension, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species

Reason: To ensure the provision of an appropriate landscape setting to the development and for biodiversity net gain.

This application has been recommended for approval for the following reason.

Overall, for the reasons indicated with this report it is concluded the proposals complies with the relevant planning policies of the Isle of Man Strategic Plan and the 1982 IOM Development Order having not significant impacts upon private or public amenities.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 16.04.2025.

_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No Objection

_________________________________________________________________ Officer’s Report

1.0 SITE - 1.1 The application site comprises plots 57 to 61 and 71 to 73 within the currently developing housing estate. The plots in question are located centrally within this housing development, which itself is located on the southern side of the Bretney Road (B3) which is east of The Bretney housing estate and Jurby Village. To the west of the site is Ballagarraghy Farm. To the south of the site are agricultural fields.

2.0 PROPOSAL - 2.1 The application seeks approval for the Amendment to PA 22/01133/B (residential development comprising 73 dwellings), change to approved house type on plots 57 to 61 and 71 to 73. - 2.2 The applicants comment "From the sales within Phase 1, there continues to be much a higher demand for 4 bed homes, and significantly more than we provided in Phase 1 and have proposed.

Whilst the Phase 2 development has commenced on site, there is still an opportunity at this stage to address the higher-than-expected market demand for 4 bed family homes, and lower demand for bungalows, by swapping some of the house types over, as detailed above. This will help the Phase 2 development to be progressed with confidence and should allow the site to be clear of construction activity earlier than would be the case if the properties were to sell more slowly.

The proposed amendments have been limited to elements that which will not impact on the principle of the previous planning approval, the road layout and drainage layout."

2.3 and "These proposals do not affect the overall number of properties being provided, the provision of affordable homes, biodiversity or the general layout of the previously approved development

but will provide a more required and appropriate mix of family homes that the market currently demands."

3.0 PLANNING POLICIES - 3.1 In terms of local plan policy, the application site falls within an area designated as 'Proposed Residential' under the IOM Development Order 1982. The site is not within an area designated as 'Areas of High Landscaped or Costal Value and Scenic Significance'. The site is not within a Conservation Area. The site is not within a Conservation Area. - 3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application: - 3.3 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:

• (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."

3.4 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. - 3.5 Recreation Policy 3 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". - 3.6 Residential Design Guide July 2021

4.0 PLANNING HISTORY - 4.1 There are two previous planning applications which are considered relevant in association with this site;

4.2 Erection of 73 dwellings with associated access, parking, open space and landscaping 22/01133/B - APPROVED - 4.3 Erection of 23 dwellings with associated access, parking, open space and landscaping 21/00278/B - APPROVED

5.0 REPRESENTATIONS - 5.1 Highway Services have no objection (02.05.2025). "The following planning applications have no significant negative impact upon the highway network in terms of highway safety, highway operation and car parking. Highway Services HDC does not oppose (DNO) the following applications. Advisory comments are applied where relevant, such as for licences to use the highway for equipment and material during works:

After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking."

- 6.0 ASSESSMENT

6.1 The main considered is whether the proposals would be acceptable upon the visual amenities of the street scene, whether the proposals would impact upon neighbouring amenities and parking provision. Impact upon the visual amenities of the street scene - 6.2 The proposals would result in a very minor alterations which will have no adverse visual impacts from public views. The proposals would have a similar visual impact and would site well within the plots and the street scene. Impact upon neighbouring amenities - 6.3 The alteration will have no significant impacts upon any neighbouring properties near to the development Parking Provision - 6.4 It is considered the proposal would comply with TP7, each dwelling having at least two off road parking spaces. Other Matters - 6.5 There are no changes to the number of dwellings and therefore the agreed S13 for affordable housing . Initially there was some concern that there may have been a shortfall of POS as the amount of bedrooms, namely properties with 4 bedrooms was increasing.

• 2 bed bungalow 13 approved, but now proposed to be 8 o 4 bed house 10 approved, but now 15.

6.6 Using the POS Table 1 in the IOMSP it was calculated that; Approved (just relating to the properties in question) 13 * 64 = 832sqm of POS

• 10 * 96 = 960sqm of POS Total = 1,792sqm

Proposal 8 64 = 512sqm of POS 15 96 = 1,440sqm of POS Total = 1,952sqm

6.7 Therefore the proposal would increase the amount of POS required by 160sqm.

6.8 It is noted that the previous approval (22/01133/B) a total of 6048sqm was required, but 6095sqm was provided. Accordingly an overprovision of 47sqm. Therefore taking the current proposal and overprovision into account, there is now a shortfall of 113sqm. - 6.9 However, it is noted the original application (21/00278/B- adjacent site) provided a total of 2892sqm of POS. 12 two bed units and 11 three or four bed units.

Approved 12 * 64 = 768sqm of POS

• 11 * 96 = 1056sqm of POS Total = 1824sqm Overprovision of 1068sqm (2892 - 1824). 1068sqm-113= 955sqm POS over provision on phases 1 and 2.

6.10 Accordingly, while the development on this specific site (phase 2) has a shortfall of POS of 113sqm, given the overprovision on phase 1 by 1068sqm, the overall scheme which is views and used as a single site development it is considered the application in this case is acceptable from a POS stand point.

- 7.0 CONCLUSION

7.1 Overall, for the reasons indicated with this report it is concluded the proposals complies with the relevant planning policies of the Isle of Man Strategic Plan and the 1982 IOM Development Order having not significant impacts upon private or public amenities. - 7.2 It is recommended the application is approved.

- 8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted). - 8.2 Article A10 sets out that the right to appeal is available to:

• o applicant (in all cases);
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

8.5 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 the Right to Appeal.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status, and/or rights to appeal.

Decision Made : Permitted Date : 30.05.2025 Determining Officer

Signed : S BUTLER Stephen Butler Head of Development Management

Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/ customers and archive record.