7 May 2024 · Planning Committee (decision made 21.11.2022, notice issued following Section 13 agreement)
Land Opposite, Springfield Terrace, Foxdale, Isle Of Man, IM4 3hg
The application seeks Approval in Principle for residential development on approximately 5 acres (1.98ha) of undeveloped, sloping land on the southern side of the A24 in Foxdale, within land zoned 'predominantly residential' by the Foxdale Local Plan 1999.
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
The proposals conform to the site's present land use zoning in accordance with the Foxdale Local Plan 1999, where it is identified as part of Development Area 3 zoned 'predominantly residential', and …
General Policy 2
Requires development to accord with land use zoning in Area Plans and other Strategic Plan policies. Officer assessed the site as zoned predominantly residential in Foxdale Local Plan 1999 (Development Area 3), making residential redevelopment acceptable in principle. No tension as draft Area Plan carries limited weight.
Strategic Policy 3 - To respect the character of our towns and villages
Supports housing in service villages like Foxdale to meet local needs and broaden choice. Site within settlement boundary supports this, despite draft Area Plan changes.
Housing Policy 5
Requires 25% affordable homes. Secured via Section 13 legal agreement at AiP stage, with reserved matters to demonstrate compliance.
Environment Policy 4
Protects species/habitats. DEFA Biodiversity raised concerns over potential protected species; controlled by condition requiring Preliminary Ecological Appraisal in reserved matters.
Transport Policy 4
Requires safe highway layouts. Highways no objection subject to detailed conditions on access, visibility, parking etc. in reserved matters.
Time limit
The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters. Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019
Reserved matters approval
Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced. Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019.
Reserved matters details
Plans and particulars of the reserved matters referred to in condition 2 shall include details of; (a) the surface treatment of any roadways and other parts of the site which will not be covered by buildings; (b) all external materials to be used in the development; (c) existing and proposed ground and floor levels; (d) foul and surface water drainage. (e) the surface treatment of any roadways and other parts of the site which will not be covered by buildings; (f) existing and proposed ground and floor levels; (g) integrated measures to support bio-diversity net gain. (h) provide sustainable drainage systems. (i) provide a Preliminary Ecological Appraisal. Reason: in the interests of proper planning and the character of the area
Highways details in reserved matters
Any future Reserved Matters application shall also include the following highways details: i. Access and connection arrangements to the public road(s) ii. Streets, including any paths and turning areas iii. Visibility Splays iv. Parking provision in accordance with the adopted standards and criteria v. Waste bin storage in accordance with local authority standards vi. Surface water drainage scheme vii. Transport assessment viii. Accessibility audit ix. Stage 1 Road Safety Audit and Designer's Response x. Swept path analysis (waste collection vehicle). Reason: In the interests of highway safety.
Public sewage connection
The application for reserved matters shall provide full details of how the proposed development will connect to the public sewage system. No development may commence until such time as there is sufficient capacity in the public sewage system to accommodate the additional flows. Reason: In order that the necessary infrastructure is provided to meet the needs of future residents in the interests of residential and environmental amenity.
Drainage design compliance
The application for reserved matters shall provide the following details and/or demonstrate compliance with the following: o Foul drainage design in accordance with Manx Sewers for Adoption (MSFA) o Surface water drainage design in accordance with MSFA o Surface water attenuation designed to 1:100 year plus cc o Full details of the surface water attenuation system. Reason: In order that the necessary infrastructure is provided to meet the needs of future residents in the interests of residential and environmental amenity.
Do not oppose subject to standard approval in principle condition requiring full highways details as part of future Reserved Matters application
Request applicant enter into a Section 13 agreement to secure 25% affordable housing
Request opportunities for planting be incorporated in line with Environment Policy 1
Do not oppose subject to drainage details in reserved matters
Do not oppose Approval in Principle but detailed application must include flood risk assessment
Multiple consultees responded to the Approval in Principle application for residential development in Foxdale; DOI Highways and Manx Utilities Drainage raised no objections subject to conditions, while DEFA Biodiversity requested further ecological surveys, DOI Estates requested …
Key concern: Not zoned for residential development in draft Area Plan for the North and West
DEFA Biodiversity
The Ecosystem Policy Team believe that further ecological information is required in support of this application.; We request that the survey reports are submitted prior to determination in line with best practise, which is referred to in Section 9.2.4 of the British Standard Biodiversity - Code of Best Practise for Planning and Development (BS 42020:2013).
Conditions requested: Preliminary Ecological Appraisal (PEA) adhering to CIEEM (2017) Guidelines prior to determination; Additional surveys and mitigation plan if PEA identifies impacts, submitted prior to determination; Design must take PEA findings into account and avoid impacts upon ecological features
DOI Highways
Conditional No ObjectionHDC raises no opposition subject to standard approval in principle condition; Recommendation: DNOC
Conditions requested: Standard approval in principle condition prior to commencement providing full details of: i. Access and connection arrangements, ii. Streets including paths and turning areas, iii. Visibility Splays, iv. Parking provision, v. Waste bin storage, vi. Surface water drainage scheme, vii. Transport assessment, viii. Accessibility audit, ix. Stage 1 Road Safety Audit and Designer’s Response, x. Swept path analysis (waste collection vehicle); Existing road drainage must be retained or alternative provided
DOI Public Estates and Housing Division
request that consideration be given... to include a requirement... for the applicant to enter into a Section 13 Agreement... based upon the usual calculation of 25% of the total number of units.
Conditions requested: Section 13 Agreement with the Department to provide 25% affordable housing
Manx National Heritage
any residential development must be designed to provide a soft edge to the east of the site with space dedicated to tree planting; in accordance with the principles of the Foxdale Local Plan
Conditions requested: Opportunities for tree planting incorporated to provide a soft edge to the east
Patrick Parish Commissioners
Objectionresolved to OPPOSE the Application on the following grounds.; This Application is an attempt to circumvent the Consultation process for that Plan and should be refused on that basis alone.
Manx Utilities Drainage
Conditional No Objectiondo not oppose this application subject to the following information being included in any reserved matters application
Conditions requested: Foul drainage design in accordance with Manx Sewers for Adoption (MSFA); Surface water drainage design in accordance with MSFA; Surface water attenuation designed to 1:100 year plus cc; Full details of the surface water attenuation system
DOI Flood Risk Management
DEFFER; do not have any objections to the Approval In Principal however any detailed planning application must be accompanied with a comprehensive flood risk assessment
Conditions requested: Comprehensive flood risk assessment and modelling of the watercourse running through the property for any detailed planning application
The original application for approval in principle for residential development on fields designated in the Foxdale Local Plan was approved by the Planning Committee on 21 November 2022 subject to a Section 13 agreement for affordable housing, issued on 7 May 2024 after completion. Patrick Parish Commissioners appealed on 17 May 2024 citing flood risk from culvert capacity, lack of local support and infrastructure, prematurity ahead of the draft Area Plan for the North and West, support for an objector, and boundary dispute. The applicant's appeal statement by Sarah Corlett rebuts these points, emphasizing compliance with the adopted Foxdale Local Plan and Strategic Plan, prior approvals, no technical objections from drainage authorities, non-materiality of boundary dispute, limited weight to draft Area Plan, and housing needs in a service village. The DEFA planning officer supports the original approval against adopted policy. No inspector analysis or final appeal outcome is present in the documents.
Precedent Value
Demonstrates that approvals in principle on adopted Local Plan sites can be defended against third-party appeals relying on draft Area Plans, provided technical consultees raise no objections and conditions control details. Future applicants should secure prior technical clearances and highlight delivery constraints rather than lack of demand.
