21 November 2013 · Delegated - Development Control Manager
Land Opposite, Springfield Terrace, Foxdale, Isle Of Man, IM4 3hg
The proposal involved laying out roads, sewers, and 48 residential plots (amended to 47) on an 8-acre (3.2 ha) sloping greenfield site on the southern side of the A24 at the entrance to Foxdale village, including culverting an existing watercourse with concrete lining and providing public open space partly outside the …
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The officer assessed that full evaluation was impossible due to absent house types and footprints, making it unclear if narrow plots (<7.5m wide, e.g.
General Policy 2
Requires development in line with area plans/design briefs, respecting siting/layout/scale/design/landscaping, amenity, access/parking, services, no contamination/flood risk. Officer found absent house types prevented assessment of streetscene, amenity, parking, layout compliance; tipped to refusal as 'limited information... not possible to determine whether the development complies'.
Transport Policy 4
Highways must accommodate generated traffic safely. Highways Division confirmed amended layout with traffic calming meets standards.
Environment Policy 7
Protects watercourses; no dev within 8m normally, risk assessment required. DEFA concerned on proximity; applicant to complete form but no updated response noted.
Housing Policy 5
25% affordable on sites of 8+ dwellings. DSC recommended provision/commuted sum; discussed but no agreement pre-refusal.
Recreation Policy 3
New residential dev of 10+ must provide open space per Appendix 6 standards. Amended space (4600 sq m) met quantum but partly off-site/non-designated; no split into formal/play/amenity confirmed.
Recreation Policy 4
Open space on-site/accessible. Partly on non-designated land outside red-line.
Environment Policy 10
Flood risk assessment if potential risk. Applicant claimed lining alleviates; IOMWSA satisfied but objectors/local plan brief raised concerns.
Environment Policy 13
No unacceptable flood risk. IOMWSA confirmed no issue.
Amended plans meet standards with traffic calming; adequate visibility/widths
25% affordable housing required; commuted payment discussed
Acceptable drainage; no unacceptable flood risk
Contact regarding electrical supply
Highways Division initially raised concerns about road layout but later confirmed amended plans meet standards with no objection; Water Authority required flood risk details but accepted them in principle; multiple local residents objected strongly citing non-compliance with Foxd…
Highways Division
Conditional No Objectionthe road layout does not meet the criteria set out in Manx Roads to ensure that design speeds will be achieved. After discussion with the applicant it is accepted that traffic calming measures are to be installed to control speed.
Conditions requested: A traffic management scheme is to be approved by the planning authority and installed prior to the occupation of the first dwelling
Highways Division
No ObjectionFurther to the receipt of amended plans the application meets the relevant highway standards and policies
Isle of Man Water and Sewerage Authority
Conditional No ObjectionThe information provided by Rigby and Partners satisfies the Authority that in principle they can accommodate the 1 in 100 plus climate change flow through the proposed site.
Conditions requested: detailed application when they apply for Land Drainage Consent under the Land Drainage Act 1934. This will include detailed drawing of the stream diversion, culvert design etc.
The original application PA10/01558/B for a residential layout of 31 dwellings with infrastructure on allocated land adjacent to Springfield Terrace, Foxdale, was granted approval, prompting an appeal by Patrick Commissioners. Commissioners argued the density exceeded Foxdale Local Plan guidelines, failed to provide adequate landscaping and play space per Map 2, raised contamination and drainage concerns, and exceeded regional housing limits. Objectors echoed density, design, landscaping, and amenity issues. The applicant defended the scheme as efficient land use per Strategic Policy 1, with superior layout to prior approvals and adequate contamination mitigation. The inspector found the principle of development established by prior approvals and Local Plan allocation, density reasonable for efficient use, designs reflective of local architecture, landscaping improved over approved schemes, and contamination addressable via conditions and Building Control; recommended dismissing the appeal once a legal agreement for affordable units was completed.
Precedent Value
Confirms Map 2 of Foxdale Local Plan lacks policy status; prioritises principal proposal map and prior approvals on allocated sites. Future applicants should provide detailed contamination remediation and compare schemes favourably to extant permissions to demonstrate policy compliance and improvements.
Inspector: G FARRINGTON
