18 October 2010 · Planning Committee - Mrs P Faragher, Deputy Secretary to the Planning Committee
Field 311788 Adjacent To Brickworks Entrance, Glenfaba Road, Peel, Isle Of Man, IM5 1dw
The application sought to vary condition 3 of the earlier approval PA 07/01465/B, which required six affordable dwellings on a site approved for 21 dwellings with roads, landscaping and sewerage.
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The officer noted the requirement for 25% affordable housing under Housing Policy 5 of the Strategic Plan for developments of 8+ dwellings, but this site had prior approvals (02/0491, 05/1701, 06/0394…
Housing Policy 5
Requires 25% affordable housing in developments of 8+ dwellings on residential-zoned land or predominantly residential areas. Officer assessed variation acceptable as prior approvals pre-dated policy; commuted sum via legal agreement achieves policy intent of contribution to affordable housing fund, providing flexibility absent in original rigid condition.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This permission relates to the development of 21 dwellings and associated roads, landscaping and sewerage all as shown in drawings 0700/PL12D received on 4 December 2007, 0700/PL02, 03, 05, 06, 07, 10, 11 all received 19 July 2007 and 0700/PL04B, 08B, 09B received 23 October 2007, and amended southern elevation of house on Plot 17 as shown in the drawing attached as Appendix E to the Applicant's appeal statement submitted by MP Associates, Architects and Interior Designers all pursuant to PA07/01465/B.
Affordable housing legal agreement
No development may commence until the applicants have entered into a legal agreement under Section 13 of the Town and Country Planning Act 1999 that requires a scheme for the provision of five of the dwellings as affordable units or the provision of a commuted sum to be paid to the Government Housing Reserve Fund for use in connection with the provision of affordable housing.
Fencing and gating scheme
No development may commence until such time as there is approved by the Planning Authority a scheme for fencing and gating within the estate such that there is no fencing forward of the front building line to the estate road but so there is no unrestricted access from the front of each dwelling to the rear garden. The scheme shall be implemented as approved.
Hedging/banking
All hedging/banking must be in the form of traditional sod banking in accordance with planning Circular 1/92.
Site entrance visibility
No other development may commence until such time as the entrance, complete with visibility splays, as shown in the approved drawings, where there shall be no obstruction to vision over 1 m tall, is in place in accordance with the approved plans.
Access road alignment
No development may commence until details of the precise alignment of the spur of the site access road serving Plots 18 to 21 have been agreed in writing by the Planning Authority in conjunction with the Highway Division and the works shall be undertaken as agreed.
Roadway prior to occupation
No dwellings shall be occupied until such time as there is in place a roadway which is fully made up and adequately lit from the junction with the A27 Glenfaba Road to the dwelling concerned.
Turning space Plots 1 and 2
No development may commence on the dwellings on Plots 1 and 2 until such time as there is approved by the Planning Authority a scheme showing adequate space for the turning of vehicles within Plot 1 such that vehicles may enter and leave the site in a forward gear without having to encroach onto other private property and the scheme shall be implemented as approved prior to the occupation of the dwellings in question.
Plot 17 garage relocation
No development may commence on Plot 17 until such time as there is approved by the Planning Authority a scheme showing the relocation of the garage further from the southern boundary hedge and further planting introduced in the space between the boundary hedge and the garage and the scheme shall be implemented as approved.
Landscaping implementation
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in 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.
Roof tiles approval
Prior to their use the Applicant shall submit samples or illustrations of the roof tiles, including details of their colour, to the Planning Authority for their approval and the work shall be undertaken using the approved materials.
Do not oppose has no traffic management, parking or road safety.
Peel Town Commissioners recommended refusal due to concerns over replacing affordable dwellings with a commuted sum; Highways Division had no objections; Community Planning Service questioned the necessity of retaining the original condition.
Key concern: payment of a commuted sum should be refused and affordable dwellings be built as provided by current planning legislation
Peel Town Commissioners
ObjectionThe Commissioners expressed concern that payment of a commuted sum should be refused and affordable dwellings be built as provided by current planning legislation.; RECOMMENDED FOR REFUSAL.
Highways Division
No ObjectionDo not oppose has no traffic management, parking or road safety implications; Highway conditions to PA 07/01465/B to be applied to this application
Conditions requested: Highway conditions to PA 07/01465/B to be applied to this application
Community Planning Service
If this condition were a necessary condition of approval, it must remain necessary and should be retained. If it were not necessary for the initial approval, then it should not have been imposed and is invalid.
The original outline permission (06/0394) for 21 dwellings was granted in 2006, but reserved matters application 07/01465/B was refused due to concerns over the appearance of the house and garage on Plot 17 and inadequate turning space on Plot 1. The appellant argued that revised elevations, garage relocation with planting, and negotiated access to adjoining land for turning space addressed these issues, and accepted conditions for fencing and other matters. The inspector agreed these concerns could be resolved by conditions, found the proposal acceptable in appearance given the nursing home opposite, dismissed third-party objections as the principle was established, and recommended allowing the appeal subject to conditions including affordable housing provision, fencing, sod banking, turning space, garage relocation, and landscaping.
Precedent Value
Demonstrates that appeals on reserved matters can succeed where appellants show flexibility on design tweaks, secure external solutions for site issues, and accept conditions; principle from outline permission carries significant weight against new objections.
Inspector: Neil A C Holt
