DEC Officer Report

Applicant: Hartford Homes Ltd Proposal Erection of 23 dwellings with associated access, parking, open space and landscaping Site Address Field No.210401 Ballagarraghyn Bretney Road Jurby Isle Of Man Case Officer : Mr Chris Balmer Site Visit: Expected Decision Level Planning Committee Recommended Decision: Approve subject to Legal Agreement Date of Recommendation 07.03.2022

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 development hereby approved shall not commence until a scheme to improve water pressure/water for firefighting provision for Jurby has been completed and written confirmation of this has been agreed with the Department. Reason: to ensure there is adequate water for firefighting purposes.
• C 3. Prior to the commencement of the construction of any of the dwellings hereby approved, the visibility splay(s) identified on drawing ITB15436-GA-006 REV C; shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level. Reason: In the interests of highway safety.
• C 4. No dwelling shall be occupied until the estate road from the junction of the adopted highway to the access of that dwelling has been constructed at least to base course level and lighting has been provided. Reason: In the interest of Highway Safety and provide access to each dwelling.

• C 5. Prior to the occupation of any dwelling 2 car parking spaces associated with that dwelling as shown on approved drawing 01 REV D 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 6. All planting, seeding or turfing comprised in the approved details of landscaping (drawings 01 REV D & 02 REV B) must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling/s, 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. Details of the hard landscaping works include footpaths and hard surfacing materials and fences/walls shall be completed in full accordance with the approved details (drawings 01 REV D & 06 REV E) prior to the first occupation of the dwelling/s hereby permitted. Reason: To ensure the provision of an appropriate landscape setting to the development.
• C 7. No retained tree shall be cut down, uprooted, destroyed or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that trees marked for retention die or become damaged or otherwise defective prior to commencement or during the construction phase due to events outside the applicants control, the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

Reason: Required to safeguard and enhance the character and amenity of the area, to provide ecological, environmental and bio-diversity benefits and to maximise the quality and usability of open spaces within the development, and to enhance its setting within the immediate locality.

• C 8. Prior to the commencement of the development hereby approved, the protection measures detailed in the drawing entitled Outline Tree Protection EAST (ref TPW-280221), submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process, unless stated otherwise.

Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality.

• C 9. Within the Construction Exclusion Zone (CEZ) identified on the drawing entitled Outline Tree Protection EAST (ref TPW-280221), nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit, without prior written consent of the Department. The CEZ implemented in accordance with this condition shall be maintained in position until the development is complete.

Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality.

• C 10. The mitigation for common lizards, as detailed in section 2.2 of the 'Technical Notes: Ecological Impact and Common Lizards Mitigation' dated March 2021. Reason: To provide adequate safeguards for the ecological species existing on the site.
• C 11. The mitigation for nesting birds, as detailed in the table at 5.1 of the preliminary ecological appraisal dated January 2021 shall be full adhered to.

• Reason: To provide adequate safeguards for the ecological species existing on the site.
• C 12. Prior to the commencement of the development hereby approved, details of the proposed lizard hibernaculm as shown in the Detailed Landscape proposals shall be submitted to and approved in writing, including timescale for its construction and for seeding of the surrounding area. The hibernaculm shall be constructed in accordance with the approved details and retained as such thereafter.

Reason: To ensure that adequate ecological mitigation and enhancement is provided and maintained.

• C 13. The erection of bee, bird and bat bricks on every property, as is shown in the Proposed Site Plan (04 REV D) shall be completed prior to the occupation of the dwelling and retained thereafter.

Reason: To ensure that adequate ecological mitigation and enhancement is provided and maintained.

• C 14. Prior to the commencement of the development hereby approved, details shall be submitted to and approved in writing by the Department which set out the long term maintenance and management of the open space and landscaped areas, taking into account the Preliminary Ecological Appraisal dated January 2021, Technical Note: Habitat' dated February 2021 and Notes: Ecological Impact and Common Lizards Mitigation' dated March 2021 (including provision for the area shown on the Detailed Landscape Proposals as "Species Rich Grassland/Wildflower Seeded Areas" which contains the hibernaculm to be cut in early September and again in winter, on a rotational basis to maintain structural diversity for lizards and suitable habitat year-round). The site shall be maintained in accordance with the approved details.

Reason: To ensure that adequate ecological mitigation and enhancement is provided and maintained.

N . The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 14.03.22. The issue of the decision notice has been triggered by the Section 13 agreement having been concluded. The 21 days for appeal (for those with Interested Person Status) runs from the date of the decision notice.

This application has been recommended for approval for the following reason. The principle of the development is in accordance with the land use designation and the wider policy framework which supports investment in this area. It is considered the proposal would not have any significant adverse impacts upon public or private amenities and would therefore comply with Strategic Policy 1, 2, 5 & 10, Spatial Policy 3, General Policy 2 , Environment Policy

• 4, 5 & 42, Housing Policy 1, 4, 5 & 6, Recreation Policy 3, 4 & 5, Community Policy 10 & 11, Transport Policy 1, 2, 4, 5, 6 & 7, Energy Policy 5 of the IOM Strategic Plan 2016 and Residential Design Guide 2021. Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers all received; 06.04.2021

• 01
• 02
• 03

• 10

• 09

• 11
• 12
• 13
• 14
• 15

• 17 01 (BB Consulting Engineers) TPE-280221 (Outline Tree Protection EAST) TPW-280221(Outline Tree Protection WEST) TRE-280221 (Tree Impact EAST) TRW-280221 (Tree Impact WEST) TSE-280221 (Tree Constraints EAST) TSW-280221 (Tree Constraints WEST) Planning Statement Arboricultural Impact Assessment dated 28th February 2021 Transport Statement dated 8th March 2021 Preliminary Ecological Appraisal dated January 2021, Technical Note: Habitat' dated February 2021 and Notes: Ecological Impact and Common Lizards Mitigation' dated March 2021

15.07.2021

- 18 ITB15436-GA-006 REV C ITB15436-GA-001 REV D

- 05 REV C 24.02.2022 04 REV D

- 01 REV D - 02 REV B

- 06 REV E 08 REV B 16 REV A

• 19
• 20 Soakaway details

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:

Isle of Man Fire & Rescue Service Public Estates and Housing Division (DOI) Manx National Heritage Manx Utilities

It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

Goldies Loughan, Jurby East is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in

• accordance with paragraph 2B of the Policy; as they do not refer to the relevant issues in
• accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. ________________________________________________________________

Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS A SECTION 13 LEGAL AGREEMENT IS REQUIRED FOR AFFORDABLE HOUSING AND PUBLIC OPEN SPACE

1.0 THE APPLICATION SITE - 1.1 The application site comprises a parcel of undeveloped land within Field No.210401 which 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. The general character of the site is flat land, triangular in shape and made up of grassland. The boundaries of the site are generally made up of Manx sod banks with gorse planting above at a height of approximately 1.5m to 2m+. Views into the site from the Bretney Road are generally screened due to the above landscape features.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the erection of 23 dwellings, 6 of which are affordable housing, with associated access, parking, open space and landscaping. The site equates to 13.4 dwellings per hectare. There are a mixture of housing types ranging from semidetached bungalows, two storey terraces, two storey semi-detached and two storey detached properties. The properties are sited along the eastern and southern boundaries of the site with the majority of properties facing a central public open space which also fronts onto the Bretney Road. The site is approximately 150m from the bus stop to the west, located adjacent to Bretney Close. The site is approximately 150 m from the bus stop to the west, located adjacent to Bretney Close. A total of 2,892 square metres of Public Open Space has been provided for on the site, split between two main areas. These will fulfil a variety of functions, including formal open space, children's play space and amenity land. - 2.2 The proposed dwellings would be accessed via a new vehicular access directly off the Bretney Road along the northern boundary of the site. Large sections of the existing roadside Manx sod bank is proposed to be removed/lowered to allow the construction of the access and provision of the visibility splays in each direction along the Bretney Road. - 2.3 Part of the application submission includes a masterplan which demonstrates how the land to the east and south east could be development for additional housing. The land in question also includes the demolition of Ballagarraghy Farm holding. This Masterplan area would utilise the same access and estate road that is current being considered. However, this master plan is only indicative and is not for consideration at this stage. The land in question also includes the demolition of Ballagarraghy Farm holding.

3.0 PLANNING HISTORY - 3.1 There are no previous planning applications which are considered relevant in association with this site. There are two planning applications with Jurby Village which are considered relevant in the determination of this application- - 3.2 Erection of 21 dwellings with associated parking, landscaping, and amenities 20/01516/B - Bretney Infill Housing Development/Parade Grounds - APPROVED 04.11.2021.

3.3 Variation of conditions 1 and 2 of PA 18/00763/A, Approval in principle for the construction of five dwellings addressing means of access, to extend the period of permission by two years - Part Field 214287, The Threshold - 21/00408/B - APPROVED - 3.4 Approval in principle for the construction of five dwellings addressing means of access Part Field 214287, The Threshold - 18/00763/A - APPROVED

4.0 PLANNING POLICY - 4.1 Site Designation

• 4.1.1 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 land to the east, south east, south and southwest is all designated as 'Proposed Residential' under the IOM Development Order 1982.

4.2 Strategic Plan

• 4.2.1 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application.

• 4.2.2 Strategic Policy 1 states- 'Development should make the best use of resources by-

• (a) optimising the use of previously developed land, redundant buildings, unused and underused 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(1) and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services.'

• 4.2.3 Strategic Policy 2 states- 'New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3.'
• 4.2.4 Strategic Policy 5 states- 'New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies.'
• 4.2.5 Strategic Policy 10 states- 'New development should be located and designed such as to promote a more integrated transport network with the aim to-

• (a) minimise journeys, especially by private car;
• (b) make best use of public transport;
• (c) not adversely affect highway safety for all users, and
• (d) encourage pedestrian movement'

• 4.2.6 Spatial Policy 3- 'The following villages are identified as Service Villages

• o Laxey
• o Jurby
• o Andreas
• o Kirk Michael
• o St Johns
• o Foxdale
• o Port St Mary
• o Ballasalla
• o Union Mills

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.'

• 4.2.7 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.'

• 4.2.8 Environment Policy 1 states- 'The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative.'
• 4.2.9 Environment Policy 4 states- 'Development will not be permitted which would adversely affect-

• (a) species and habitats of international importance-

• (i) protected species of international importance or their habitats; or
• (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites.

• (b) species and habitats of national importance-

• (i) protected species of national importance or their habitats;
• (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or
• (iii) Marine Nature Reserves; or
• (iv) National Trust Land.

• (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats. Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the

time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward.'

• 4.2.10 Environment Policy 5 states- 'In exceptional circumstances where development is allowed which could adversely affect a site recognised under Environmental Policy 4, conditions will be imposed and/or Planning Agreements sought to-

• (a) minimise disturbance;
• (b) conserve and manage its ecological interest as far as possible; and
• (c) where damage is unavoidable, provide new or replacement habitats so that the loss to the total ecological resource is mitigated.'

• 4.2.11 Environment Policy 42 states- 'New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans.'
• 4.2.12 Housing Policy 1 states- 'The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 6000 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2001 to 2016.'
• 4.2.13 Housing Policy 4 states- 'New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans- otherwise new housing will be permitted in the countryside only in the following exceptional circumstances-

• (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and

10;

• (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and
• (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with

Housing Policies 12, 13 and 14.'

• 4.2.14 Housing Policy 5 states- '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.'
• 4.2.15 Housing Policy 6 states- 'Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive.'
• 4.2.16 Recreation Policy 2 states- 'Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances-

• (a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and
• (b) where there would be an overall community gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area.'

• 4.2.17 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.'
• 4.2.18 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.
• 4.2.19 Community Policy 10 states- 'Proposals for the layout and development of land will be permitted only where there is provided proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes.'
• 4.2.20 Community Policy 11 states- 'The design and use of all new buildings and of extensions to existing buildings must, as far as is reasonable and practicable, pay due regard to best practice such as to prevent the outbreak and spread of fire.'
• 4.2.21 Transport Policy 1 states- 'New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes.'
• 4.2.22 Transport Policy 2 states- 'The layout of development should, where appropriate, make provision for new bus, pedestrian and cycle routes, including linking into existing systems.'
• 4.2.23 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.'
• 4.2.24Transport Policy 5 states- 'Any improvements to the Island's highway network, including the provision of new roads, footpaths, and cycle routes, should be undertaken in accordance with the environmental objectives of this plan.'
• 4.2.25 Transport Policy 6 states- 'In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users.'
• 4.2.26 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.'
• 4.2.27 Energy Policy 5 states- 'The Department will prepare a Planning Policy Statement on Energy Efficiency. Pending the preparation and adoption of that PPS the Department will require proposals for more than 5 dwellings or 100 square metres of other development to be accompanied by an Energy Impact Assessment.'

- 4.3 RESIDENTIAL DESIGN GUIDE 2021

• 4.3.1 The design guide sets out various elements that relate to new houses and are relevant to this application.

4.4 AREA PLAN FOR THE NORTH AND WEST - PRELIMINARY PUBLICITY

• 4.4.1 The Cabinet Office has undertaken a Preliminary Publicity which outline matters that the Cabinet Office would like to address in detail within the Area Plan and gives individuals the opportunity to comment at an early stage on these outline matters. Part of this the Cabinet Office has produce a Housing Need study which provides evidence of the housing need within the north and west of the Island between 2011 and 2035. This concludes that'9.1 Housing need for the North and West from 2011 to 2026 will be based on the Strategic Plan 2016, but will take into account the population projection modelling and consequences for housing need revealed by the 2016 Interim Census.

9.2 It is recognised that it takes time to process new Census data and make new projections, and whilst the 2021 Census is imminent, population projection findings will not be available until Spring/Summer 2022. The Plan can progress on data available now; it is important to put potential sites through an assessment process, examining them at public inquiry where necessary with a plan to be able to bring sites forward via a methodology. - 9.3 The updated housing need data suggests that 950 new residential units between 2011 and 2026 are required. - 9.4 The evidence suggests that when taking 2016 Census into account, housing need has been met in the North and West. However, strategic reserves may need to be identified to build in flexibility to meet the need identified within the Strategic Plan. If appropriate, these figures will be reviewed in the light of the 2021 Census figures, prior to the Public Inquiry for the Area Plan for the North and West. - 9.5 It is accepted that migration is increasing albeit affected in the short term by Covid-19 restrictions. Ongoing monitoring of migration will continue and greater insight will be revealed by the 2021 Census and as lockdown restrictions are eased. - 9.6 The questioning of housing need figures in the Statutory Development Plan following the publication of new survey data is accepted in the normal process of delivering a new area plan. New data will naturally bring into question statutory housing need figures, and presents an opportunity for a 'sense check' approach. - 9.7 The North and West Plan will be drafted to be in conformity with the Strategic Plan. Whilst there may not be housing need in the immediate future, there could be in the years ahead which will be planned-in using Strategic Reserve sites. - 9.8 The Strategic Plan is due to be reviewed - starting in 2022 but will not be brought before Tynwald until 2023. Housing need for the North and West set out in this Plan (along with the East and South) will be the basis for an All Island Plan. 19 9.3 Finally, when preparing the Draft Area Plan for the North and West, the Strategic Plan figures 2016 will be relied upon but a system of phasing sites will be deployed through the use of Development Briefs and if where necessary, the use of Strategic Reserves. A methodology for release will be included in the Plan for when 'need' is evident and all of the necessary infrastructure is in place.'

4.5 Island Strategic Plan North Western Sector Written Statement - Planning Circular 11/91.

• 4.5.1 Further details of this will be explained within the assessment section of this report.

4.6 Jurby Village Study

• 4.6.1 This study was prepared following the Island Strategic Plan Sector E Plan and Written Statement which was adopted by the Department as a Planning Circular 11/91 (in 1991 no longer in force had a limited timescale). This document sought that a further detailed study be undertaken to identify whether it is acceptable and desirable to consolidate or expand the villages and hamlets (including Jurby). Jurby was the first selected to have such a detailed plan be prepared.

• 4.6.2 This report goes into detail regarding what areas of Jurby should and shouldn't be development and in what order. The Recommendation section of this report (paragraph 2.30) indicated that Area 1 (which incorporates part of the application site (20/01516/B) which the Department of Infrastructure recently gain approval for 21 dwellings and community facilities) should be developed first ahead of Area 2 (forms part of application site and surround fields) which is land which is to the east of the site/Bretney Estate and currently designated for Residential Use under the IOM Development Plan Order 1982. Innovative development scheme to reinvigorate Jurby - 2019 - DOI

4.7 Innovative development scheme to reinvigorate Jurby – 2019 – DOI

• 4.7.1 The three-year scheme was included as part of this year's package of Budget announcements approved by Tynwald, following successful engagement with residents and the local authority. More than £800,000 was spent on phase one of the project during the year 2019/20.

• 4.7.2 Work is planned to start later this year on improving Jurby Business Park through landscaping and tree-planting, and the installation of improved signage and modern lighting infrastructure. A planning application for the construction of four new industrial units is expected to be submitted soon (has since been approved), and the site will be designed to accommodate further expansion in the future.

• 4.7.3 The focus of the second phase of the project, with a budget of approximately £1,050,000 will shift to the north of Ballameanagh Road, on land between Jurby Medical Centre and the Bretney Estate. While the above works do not specifically involve the application site, it gives a clear indication of the IOM Government for continued re-development of Jurby.

4.8 Department of Local Government and the Environment - Study of Jurby 2003

4.8 UNESCO Biosphere Isle of Man

• 4.9.1 UNESCO Biosphere Isle of Man is all about keeping the Isle of Man a special place to live, work and visit. The Isle of Man is the first entire Island Nation in the world to receive this designation.
• 4.9.2 The UNESCO Biosphere Isle of Man project does not seek to prevent any specific actions, but to promote enjoying and celebrating the Isle of Man to the full, making it an even better place to be and promoting engagement.
• 4.9.3 The scope of the UNESCO Biosphere Isle of Man Pledge is deliberately broad and inclusive but the context of the Pledge principles are set out below.

• 'Protecting our natural resources - this could relate to anything you're trying to do better that will impact positively on our natural resources, from managing water use to planting trees.

• o Developing our economy in a sustainable way - doing business responsibly, balancing the need for growth with respect for our natural, social and cultural environment. Responsible businesses tend to be more resilient, contributing to a diverse economy which is more sustainable than a 'monoculture' economy.
• o Supporting and promoting our cultural heritage - for example, staff involvement in, or corporate sponsorship of, cultural events and groups.
• o Making our environmental impact positive wherever possible - closely related to the first principle of protecting our natural resources, this could include anything from energy saving and waste management measures to support of local environmental projects.
• o Engaging with the local community - through environmental, social or community groups, whichever fit best with your business. You'll find a wide range of groups listed under 'Who is involved?' on the Environmental/Cultural, Community and Educational pages.
• o Promoting our outstanding living landscapes through active involvement with Biosphere Isle of Man - being an ambassador for the project and advertising the fact that you support it, thereby encouraging others to get involved.'

• 4.9.4 The Biosphere Reserves are about achieving a good working balance between people and nature' and the Accreditation reflects how the Isle of Man manages its environment, community and economy, acknowledging that all three components are necessary to achieve a sustainable situation.
• 4.9.5 The Biosphere related guidance, as summarised below, is not formal planning policy but the designation is capable of being a material consideration.'

5.0 REPRESENTATIONS It should be noted that full comments made by all representations are available on the Online Services - Planning Applications. Further, the application has been re-advertised a number of occasions in response to issues raised and therefore there are multiple comments from various representations.

5.1 Jurby Commissioners make initially commented (26.07.2021); 'Jurby Parish Commissioners have, at this time, no further comments to make regarding the amended plans of the above planning application.'

• 5.1.2 Jurby Parish Commissioners considered that application again (26.08.2021) following amended plans and made the following comments'The Commissioners considered the amended plans and agreed to support the comments made by the previous Board that the development should only commence once an adequate water supply is provided to the area. The Board also expressed continuing concern over speed on the Bretney Road. While acknowledging the work undertaken by the developer to improve visibility where the estate road joins the Bretney Road, the Board felt that more needed to be done by the DoI to design out excessive speed on the Bretney Road.'

5.2 Highway Services made the initial summarised comments (29.04.2021)'…ConclusionFor the most part, the 23 unit proposal is satisfactory in highway terms with opportunities to improve mode choice for more Active Travel, there is adequate car parking and limited impact on the adjoining road network. Refinements would be beneficial to the proposed footway vehicle crossovers on the western side of the proposed traditional street, provision of a designated path to the shared surface street, and adjustment to the width of the proposed footway along Bretney Road to 2m. Future phases would require separate evaluation. Recommendation- Additional information and revisions'

5.2.1 Highway Service final comments are (03.08.2021)'Accordingly, Highway Services raise no opposition to this proposal subject to conditions to cover access, visibility splays, off-site highway works, street layout, on-plot pedestrian and vehicle areas, including bicycle and car parking…'.

5.3 DOI Drainage initially sought a deferral pending further information with regard to the highway drainage arrangements for the development (13.08.2021). Following additional plans and discussions, DOI Drainage are now satisfied with the proposal (18.02.2022). - 5.4 Department of Infrastructure (DOI) Flood Risk Management Division do not object (07.06.2021). - 5.5 Isle of Man Fire and Rescue Service objected to the application on the following grounds (30.03.2021)'A Fire Safety Department wish to object to this application as the industrial estate and surrounding areas have been identified as having insufficient water supplies to deal effectively with a large fire. The introduction of a further development would put more strain on the current infrastructure, potentially reducing available water supplies further. We would recommend that the water infrastructure is reviewed and enhanced prior to any further development in this area.'

• 5.5.1 Following these comments and a number of discussions within the relevant Government Departments (i.e. DOI, Manx Utilities and Fire Service etc) a scheme is understood to being prepared to install a new water main from Sulby to the site. While this is not definite at this time, the Department has been told it is likely to happen. Accordingly, the IOM Fire and Rescue Service have made the following comments (13.12.2021); 'Following a meeting between Manx Utilities, Treasury and the Isle of Man Fire and Rescue Service on the 22nd November 2021 it was agreed in principle that the issues related to firefighting water would be addressed by the upgrading of part of the water main and a service reservoir being installed at Jurby.

On this basis this department is willing to withdraw its objections to this development. Any future decisions would be based on the progress made with the above works.'

5.6 The Ecosystem Policy Team (DEFA) makes the following summarised comments. Detailed/full comments can be viewed on line (04.05.2021)-

'The Ecosystem Policy Team can confirm that a suitable level of assessment has been undertaken by the Manx Wildlife Trust in the Preliminary Ecological Appraisal dated January 2021 and 'Technical Notes- Ecological Impact and Common Lizards Mitigation' dated March

1. We can also confirm that, although not undertaken in the optimum time of May/June, based on previous habitat assessments and aerial photographs, we are happy with the findings of the habitat survey as presented in the 'Technical Note- Habitat' dated February 2021, by the Manx Wildlife Trust. Most of the MWTs mitigation and enhancement recommendations have been suitably incorporated into the landscape proposals and site plan, including retention of native vegetation, additionally native planting, provision of common lizard hibernaculum, provision of artificial nest and roosting opportunities, etc.' If approved the Ecosystem Policy Team seek conditions to be attached for the mitigation for Common lizards; the mitigation for nesting birds; the erection of bee, bird and bat bricks on every property and the planting plan and creation of species rich grassland areas.

5.7 Public Estates and Housing Division (DOI) comment (09.04.2021); 'Current data drawn from Housing Division records for Ramsey and the North indicates that there are 83 persons on the general public sector waiting list for affordable housing to rent. There are 5 persons on the Active first-time buyers register seeking to purchase a first home in Ramsey within the next year, and 41 on the Total first-time buyer register. These figures are not indicative of likely final purchases as the ability to progress to completion would depend upon personal circumstances and mortgage ability at point of allocation.

The department would therefore request that consideration be given by the Planning Committee to include a requirement, in respect of any approval granted for this site, for the applicant to enter into a Section 13 Agreement with the Department to provide affordable housing, based upon the usual calculation of 25% of the number of units approved within the application. The Department can confirm that the Proposed Site Plan indicates that six 2B dwellings have been identified by the applicant as being the Affordable Housing provision for this development which equates to 26% of the total number of dwellings proposed.'

5.8 The Senior Arboricultural Officer (DEFA) comments (22.04.2021); The only significant trees on the site are on in the north-eastern corner of field 210401 and the tree protection plan, drawing TPE-280221(East), shows that protection measures will be in place to protect these trees. Recommends 3 conditions to secure tree protection and retaining of trees. - 5.9 Manx National Heritage makes the following summarised comments (20.07.2021); There are a number of significant trees involved in this application which are situated in the north-eastern corner of field 210401 and the tree protection plan, drawing TPE-280221(East), shows that protection measures will be in place to protect these trees; a qualified Arboriculturalist be engaged to oversee that the protection measures are carried out; presence of Common lizards on site and the need for mitigation which the applicant has addressed in the design; mitigation for nesting birds and a mechanism for securing the long-term management are supported by MNH. - 5.10 Manx Utilities - Strategic Projects and Planning Engineer made the following comments (21.04.2021)'Manx Utilities' Hydraulic Model of Jurby has indicated there is sufficient water supplies for firefighting capabilities for this proposed domestic housing planning application. 8 litres per second is available from the water mains and fire hydrants that will serve the development. Note- This has been modelled against peak potable water demand for the entire Jurby zone.

As back up to the new development, only 750m away situated in the commercial zone of Jurby Industrial Estate, we understand there is shortly to be built a 46,000 litre underground water tank capable of re-filling a 400gallon fire engine water tank 23 times over. This will be available to fighting any fire in Jurby as per planning requirement for Application 19/01102/B. May we respectfully also remind that, under the Water Act, the Authority have no statutory obligation to provide fire fighting flow. Nevertheless, additional hydraulic modelling has been

carried out confirming there is existing spare capacity in the current infrastructure for further domestic housing development in Jurby along with the subsequent 8l/s fire fighting flow needed to protect, before major capital reinforcement of the water mains network is necessary.'

5.11 The owner/occupiers of Goldies Loughan, Jurby East have objected to the application (24.12.2021) which can be summarised as;

• o we have recently purchased Goldies Loughan which lies approximately 440m to the east
• of this application site;
• o property as it lies within relatively undeveloped open countryside where we believed development is generally discouraged;
• o We are aware of the Isle of Man Planning Scheme (Development Plan) Order 1982 and its designation of the application site, together with significant additional land to the south, for Proposed Residential development;
• o the Area Plan for the North and West which has very recently been published by Cabinet Office who are currently the Government Department responsible for development plan making. We understand that the weight to be afforded to these various documents is different in that whilst the 1982 Plan was the only one to be adopted by Tynwald, giving it the highest level of importance, its age and the issue of public statements of Government policy since then reduce its weight and we would suggest that its relevance is highly compromised and should not be relied upon here;
• o We also find it unfortunate that this land, which was designated for development almost forty years ago has only this year been the subject of an application for development and was submitted on 16.03.21 only one month prior to the issue by Cabinet Office of their Main Consultation Document Paper No.1 PP1 (consultation period given as 16.04.21 to 25.06.21) and
• of course the application could not have taken into account these findings;
• o The Main Consultation Document Paper No. PP1 is clear that there is currently no need for further land to be released for housing as the current approvals in the north will provide sufficiently for the housing need stated in the Strategic Plan.
• o There is therefore no need for the development of this site at the present time.
• o In our view, the development of a greenfield site such as this should not be sanctioned if there is no need for the housing and it is important to note that if this is approved, there will be little, if anything to justify refusal of the development of the significant additional land which was designated for development in 1982.
• o The Main Consultation Document reiterates the Strategic Plan focus for development to be Ramsey in the North and that Jurby is lower in the hierarchy and 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'.
• o We think it is important that since the 1982 Plan, the documents and Government policy that has emerged would suggest that the development of this application site and the land alongside it, should not be developed, either at all or certainly not before other more suitable land has been developed and it is important to remember that in 1982 the land use designations were not based upon any stated, published population or housing projections;
• o We would suggest that the development of this land and that alongside it, as shown in the 1982 Plan is now at odds with current Government planning policy;
• o In recent years, the focus on the need to promote brownfield rather than greenfield development has become more important for example in the Select Committee whose instruction was to investigate the options available to encourage and prioritise the development to unoccupied or previously developed urban sites ahead of building on green fields in the Manx countryside (2018) which also refers to Strategic Policy 1 of the Strategic Plan which requires that development should make the best use of resources by optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings and Strategic Policy which requires that development is primarily located within existing towns and villages or where appropriate in sustainable urban extensions;
• o We are unaware of any Government document which determines that in this case an urban extension as is proposed here, is 'appropriate';

• o As a demonstration of how little weight the 1982 Plan has had in relatively recent (post

1982) decision-making, one needs only to look at the approvals which have been granted on land designated as 'Airfield' and which are in no way connected with any airfield past or present;

• o It is clear from this application as well as other recent applications for development in this area, that water supplies are a critical issue and we await learning whether and how this is capable of resolution;
• o We are not at all sure that the area edged blue in the masterplan is designated for development on the 1982 Plan. Without direct connectivity to the centre of the village, this development will become visually, physically and functionally disparate from it and the village facilities will be much less likely to benefit from the increased footfall; and
• o We consider the development of this land, whilst in accordance with the Development Plan of almost 40 years ago, to go against more current Government planning policy and to represent poor planning where the residents would not physically or functionally be part of the village and where such development could prejudice the development of more suitable land which is previously developed and where such development, if genuinely required, would visually and practically be part of the village and improve the current situation, something the proposed development could not be said to do.

6.0 ASSESSMENT Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application-

• (a) principle of development;
• (b) the potential impact upon the visual amenities of the area;
• (c) potential impact upon neighbouring amenities;
• (d) potential impact upon highway safety;
• (e) potential drainage/flooding issues;
• (f) affordable housing provision;
• (g) open space provision;
• (h) fire provision; and
• (i) ecology.

PRINCIPLE OF DEVELOPMENT (Strategic Policy 1, 2, 5, Spatial Policy 3, General Policy 2 and 3, Environment Policy 43, Housing Policy 1, 4 and 6, Business Policy 9 and 10, Recreation Policy 2 , 3, 4 and 5, Community Policy 1, 2, 10 and 11)

• 6.1.1 The first and main issue relating to this application is the principle of residential development on this site. The site is designated as 'Areas of Predominately Residential Use Proposed' under the IOM Development Plan 1982. Accordingly, from this respect the principle of developing this site is acceptable.

• 6.1.2 In terms of planning policy the next relevant document is the Island Strategic Plan North Western Sector Written Statement - Planning Circular 11/91. This plan had a lifetime of 5 years and has now expired (approx. 1996). However, this gives a basis for the proposal for additional development within Jurby and lays out policies which refer to such development. Policy NW/RES/P6 of the Circular stated--

'Jurby has previously been suggested as a growth area with development including substantial new housing, a high tech science/business park and leisure facilities. Any such development will clearly require study in depth into such matters as services infrastructure, landscaping, education, health and community facilities in addition to retail and employment opportunities. The policy should therefore only be promoted after consideration of the foregoing factors.'

• 6.1.3 Whilst this plan no longer has any formal policy status, it shows that the Department for many years has an ongoing plan for Jurby to be regenerated.

• 6.1.4 Following the North Western Sector Written Statement a study was undertaken in 1996 by the Planning Department as part of the process to establish a Local Plan for the area. The plan was never adopted. In 2002 the Council of Ministers instructed the Department of Local Government and the Environment to progress a study of Jurby with a view to putting in place a new firm plan for the regeneration of the area. The plan was published in 2003 following consultation with many interest parties including the local community. This report indicated the Department's desire to build new homes, major infrastructure improvements (improvements to highway through Jurby industrial estate have recent been completed) and building improvements, all to improve the appearance for existing and new business. The scale of this development was greater than what is currently proposed and encompassed the majority of the land in and around the Parade Grounds. Following this in recent year the owners of the site (DOI) have gain planning approval for 21 dwellings and Community Hub facilities - 20/01516/B

• Bretney Infill Housing Development/Parade Grounds - (APPROVED 04.11.2021).

• 6.1.5 Since 2003 the Isle of Man Strategic Plan has been adopted by the Department and subsequently approved by Tynwald July 2007. The settlement of Jurby is classed as a 'Service Village' within Spatial Policy 3 of the Strategic Plan. The policy states that-'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.'
• 6.1.6 It is also significant to consider that the settlement of Jurby is also highlighted as a 'Major Employment Area' for the Island on the key Diagram and therefore in accordance with the Strategic Aim further residential development as proposed would be in accordance with the aim which states-'To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage.'
• 6.1.7 The site is considered given its close proximity to existing residential properties, shops, school, the Jurby Industrial Estate and public transport links, it is located within a sustainable location.
• 6.1.8 It is noted that the Preliminary Publicity for the Area Plan for the North and West of the island has recently commenced. This initial document (pre-draft plan is prepared) comments that housing need has been met in the North and West and therefore no further allocation is required for additional housing. The Preliminary Publicity does comment that strategic reserves may need to be identified to build in flexibility to meet the need identified within the Strategic Plan. If appropriate, these figures will be reviewed in the light of the 2021 Census figures, prior to the Public Inquiry for the Area Plan for the North and West (planned to be adopted by Tynwald in 2023). As the Area Plan for the North and West is at its infancy; in terms of the process it is required to adhere too, it therefore has very little material planning weight attached to it; albeit it does have some.
• 6.1.9 Overall, it is considered the principle of developing this site as residential is acceptable given the adopted planning policy which is in force today. This is not an automatic reasons to approve the application as other matters outline previously need to be addressed also.

THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA (General Policy 2, Environment Policy 2 and Residential Design Guide)

6.2 In terms of the potential impacts upon the visual amenities of the area, clearly the works will be noticeable from a variety of surrounding public views from around the site, namely from the north along the Bretney Road when immediately travelling past the site,

distant views form The Threshold to the south of the site and from the west of the site from limited section of The Bretney housing estate of across a number of fields from the Parade Ground Area. The area is flat with little in the way of significantly tall landscaping. The site is characterised as an agricultural field. Currently views of this fields are fairly well screened by the existing sod bank with gorse above. However, to create the access to the site and the required visibility splays, large sections of the development will be clear to see when passing the site from the Bretney Road.

• 6.2.1 When travelling along the Bretney Road the new development will appear as the start/continuation (depending on which direction travelling from) of the settlement of Jurby with The Bretney housing estate immediately to the west of the site. Accordingly, while the works will transform the site from agricultural to residential development it is not considered the works from the Bretney Road as being isolated form of development. It should be noted that the land to the south of the site (all the way to The Threshold housing estate and Jurby School) is also designated for residential development. Furthermore, a small section of views of the site are apparent from The Threshold housing estate. Views from this location, again will appear as extension of the existing Jurby settlement, namely the continuation of the Bretney Estate and again this is similar when viewing from the Parade Ground area/informal and formal footpaths)

• 6.2.3 The proposed buildings are no taller than two storeys, with the majority being two storeys in height, but four of the properties being single storey. There are 2, 3 and 4 bedroomed dwellings. The proposed 23 plots have a variety of housing types, being made up of detached, semi-detached and terraced, with the majority of dwelling have a slightly different design approach.
• 6.2.4 The applicants in terms of the design of the development have stated'The Design Statement that accompanies the proposals provides an analysis of the design philosophy of the scheme. This demonstrates that the rationale behind the proposed layout has been driven by a number of key influences on the site. These include being about to maintain significant planted boundaries to retain habitats and landscape quality; providing a central open green around which the development is focussed, providing amenity, outlook and landscape benefits for residents and the wider area. Careful layout has also provided for possible future connection opportunities to surrounding areas should the development be expanded at an appropriate time in the future. The development has used a range of different house types, including small terraces, semidetached and detached properties, as well as bungalows. The result is a streetscape which provides variety and interest. Dwellings will be of a traditional style with rendered finishes and will be designed to high design standards with low maintenance and longevity in mind. The development has been designed as a low-density development, well suited to the edge of settlement location. Large areas of open landscaping have been included, meaning the overall housing density across the site is approximately 13.4 dwellings per hectare.'
• 6.2.5 Further they comment; 'The proposed layout has been focussed around the central area of open space, providing an attractive and open vista for future residents. A total of 2892 square metres of Public Open Space has been provided for on the site, split between two main areas. These will fulfil a variety of functions, including formal open space, play space and amenity land, as required by relevant policies. Pedestrian enhancements will be provided for through the extension of the highways footpath along the frontage of the site. This will allow safe and easy access on foot to the neighbouring housing estate, bus stop and connections to the wider village and areas beyond. A new vehicular access will be created from the Bretney Road, into the application site. The junction has been designed to meet current highway safety standards, including maximising visibility in each direction. The existing speed limit signage will be re-positioned with the

• agreement of the Department of Infrastructure to the east of the application site, slowing vehicular speeds and improving road safety for cars and pedestrians.'
• 6.2.6 Accordingly, whilst there will be undeniable change in terms of visual amenities of the area (i.e. agricultural field to a residential development); it is considered given the land use designation which has accepted development on this site, the design of the proposals would be acceptable for the reasons indicated and would result in a pleasant place to view from outside the site and live and therefore comply with General Policy 2 of the Isle of Man Strategic Plan 2016 and the Residential Design Guide 2021.

POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES (General Policy 2 and Residential Design Guide)

• 6.3.1 Given the size of the site and number of dwellings, all properties adjacent to the site will be impacted by the development. Any development would have an impact; the issue to consider is whether the proposed development would significantly impacts upon the amenities of the neighbouring properties. Generally the main issue relate to overlooking resulting in a loss of privacy, overbearing impact upon outlooks and/or loss of light.

• 6.3.2 In terms of overlooking the Residential Design Guide 2021 which the department utilises indicates that 20 metres taken between direct facing windows, generally two storey properties. Generally is a good indication of the likely impact. In this case all the proposed dwellings are greater than 20 metres from neighbouring existing properties (60+ metres away) which are Nrs

9, 10, 15, 16, 17, 18, 19 and 20 Bretney Close to the wets of the site. There is no concern of overlooking.

• 6.3.3 Again in terms of distance the proposed dwellings from neighbouring properties, scale and height of new dwellings and their design, it is not considered the proposed dwelling would give raise to any significant adverse impacts upon the amenities of the existing residents to warrant a refusal.
• 6.3.4 Overall, whilst the proposed development will have an impacts upon existing neighbouring properties, it is considered for the reasons given the proposed development would not having an significant impacts upon the residential amenities of the neighbouring properties and therefore comply with General Policy 2 of the IOMSP and the Residential Design Guide 2021. POTENTIAL IMPACT UPON HIGHWAY SAFETY/PARKING PROVISION (Transport Policy 1, 2, 4,
• 5, 6 and 7 and General Policy 2)

• 6.4.1 Highway Services have considered the application in terms of the impact upon highway safety for all road users, parking provision and internal access within the site. They have raised no objection subject to conditions.

• 6.4.2 Each of the proposed dwellings would have least two off road parking spaces, some fronting and some to the side a of the properties. Landscaping is also proposed between properties to try break up the parking spaces rather than the space fronting all the properties which can cause adverse visual impacts in the street scene. Therefore the parking provision for the development complies with the relevant IOMSP Parking Standards. POTENTIAL DRAINAGE/FLOODING CONCERNS (Environment Policy 13)
• 6.5.1 The Flood Maps show a small isolated area of surface water flooding along the eastern boundary of the site within the site. No dwelling would be affected. There is no Tidal or River Flooding of this site. The Flood Risk Management raise no objection to the application. Further

DOI Drainage have considered the application and following additional information raise no objection.

AFFORDABLE HOUSING PROVISION (Housing Policy 5)

• 6.6.1 Housing Policy 5 of the Strategic Plan indicates that the Planning Authority 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. Given submission proposed 23 dwellings this equates to 5.75 affordable dwellings. The applicants are proposing 6 Affordable dwellings onsite which equates to 26% of the total number of dwellings proposed. It is therefore considered the proposal would comply with Housing Policy 5. OPEN SPACE PROVISION (Recreation Policy 2, 3, 4 and 5)
• 6.7.1 The proposal is providing 2,892 square metres of public open space ( formal 1,261 sq m, amenity 430 sq m and children 718 sq m) within the site. The requirements is 1824 sq m, so there is an over provision of 1068sqm. The main body of open space, which includes the children's play area is located central of the housing estate with the majority of the properties facing this area.

• 6.7.2 The children's play area is more suited to younger children (given a nearby larger play area within Jurby Village has play equipment for older children) which includes a variety of play equipment; namely, earth mound with tunnel, stepping boulders, balancing tree trunks, sand pits, raised planters for community planting and seating area. The whole area will be secured by a 1.2m black railing fence.

• 6.7.3 Overall, it is consider the proposal would provide the appropriate level of Public Open Space and would be well designed and laid out within the housing development and therefore comply with Recreation Policy 3. FIRE PROVISION (Community Policy 10 and 11)
• 6.8.1 As outlined within the initial objection by Isle of Man Fire and Rescue Service there were significant concerns in relation to inadequate supplies of water for fire-fighting purposes. Accordingly, over a number of month's discussion have been on-going within various Government Departments (i.e. DOI, Manx Utilities and Fire Service etc) and a scheme is understood to being prepared to install a new water main from Sulby to Jurby. While this is not definite at this time, the Department has been told it is likely to happen. Accordingly, the Isle of Man Fire and Rescue Service has withdrawn their objection subject to the above provision being provided. No objection has been received from Highway Services or the Fire and Rescue Service in relation to access of fire apparatus etc. Accordingly, the proposal would comply with Community Policy 10 and 11 subject to a Grampian style condition being attached to any approval which indicates that no development may commence until the proposed new water main works to improve the water network are completed.

Potential Ecology Impact - (Strategic Policy 4, General Policy 2, Environment Policy 4 and Environment Policy 5)

• 6.9.1 The Ecosystem Policy Team has confirmed that a suitable level of assessment has been undertaken by the Manx Wildlife Trust in the Preliminary Ecological Appraisal on the site. Further they comment that most of the MWTs mitigation and enhancement recommendations have been suitably incorporated into the landscape proposals and site plan, including retention of native vegetation, additionally native planting, provision of common lizard hibernaculum, provision of artificial nest and roosting opportunities, etc. They seek a condition be attached which seeks the relevant recommendations outline within the Preliminary Ecological Appraisal and the proposed submission are undertaken. It should be noted the Conditions suggested by

the Eco system Policy Team will require the Section 13 Legal Agreement to include how the maintenance of some of the area of interest will be maintained rather than a condition.

• 6.9.2 The applicants in terms of energy efficiency (Environment Policy 5) have stated'In terms of resources, the site is located adjacent to a sustainable existing settlement and will form an urban extension to the village of Jurby. This will ensure that the development will make the optimal use of existing infrastructure and services and reduce the need to travel. The applicants are also committed to sustainable design and construction techniques as described in the Design Statement. This includes providing levels of insulation which exceed Building Regulation requirements; the use of water saving dual flush toilets; electric vehicle charging points, use of sustainably sourced materials and recycling of waste where possible, as well as the inclusion of solar water heating systems.'
• 6.9.3 Accordingly, the proposal complies with Strategic Policy 4, General Policy 2 and Environment Policy 4 and 5.

- 7.0 SECTION 13 LEGAL AGREEMENT

7.1 The applicants have agreed that 6 affordable units will be provided onsite which is considered appropriate to DOI Estates and Housing and the Department. Further, following discussions with the Jurby Parish Commissioner's and the applicants the Commissioners are happy with the adoption of the Children's Play Area and Public Open Space, once such works have been completed by the Developer. The Section 13 Legal Agreement for the Public Open Space will also need to ensure the longer term maintenance of the ecological mitigation measures. - 8.0 CONCLUSION

8.1 Overall, it is considered the proposal would not have any significant adverse impacts upon public or private amenities and would therefore comply with Strategic Policy 1, 2, 5 and

10, Spatial Policy 3, General Policy 2 , Environment Policy 4, 5 and 42, Housing Policy 1, 4, 5

• and 6, Recreation Policy 3, 4 and 5, Community Policy 10 and 11, Transport Policy 1, 2, 4, 5, 6
• and 7, Energy Policy 5 of the IOM Strategic Plan 2016 and Residential Design Guide 2021.

• 8.1.1 It is recommended that the planning application be approved for the reasons given within this report and subject to the conditions listed and a Section 13 Legal Agreement.
• 9.0 INTERESTED PERSON STATUS

9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the Following persons are automatically interested persons-

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 The decision maker must determine-

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

9.3 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 Interested Person Status.

I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted……….... Committee Meeting Date: 14.03.2022

Signed : Chris Balmer 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 See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/ customers and archive records.

PLANNING COMMITTEE DECISION 14.03.2022

Application No

21/00278/B

Applicant Hartford Homes Ltd Proposal Erection of 23 dwellings with associated access, parking, open space and landscaping Site Address Field No.210401 Ballagarraghyn Bretney Road Jurby Isle Of Man Principal Planner Presenting Officer Mr Chris Balmer

As above

Addendum to the Officer Report

The Committee unanimously accepted the recommendation of the case officer as amended which included the following changes;

C 2. Removed C 6 (Changed to C5) All planting, seeding or turfing comprised in the approved details of landscaping (drawings 01 REV D & 02 REV B) must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the last dwelling, 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. Details of the hard landscaping works include footpaths and hard surfacing materials and fences/walls shall be completed in full accordance with the approved details (drawings 01 REV D & 06 REV E) prior to the first occupation of the dwelling/s hereby permitted. Reason: To ensure the provision of an appropriate landscape setting to the development. C 10 (changed to C 9) The mitigation for common lizards, as detailed in section 2.2 of the 'Technical Notes: Ecological Impact and Common Lizards Mitigation' dated March 2021 shall be full adhered to. Reason: To provide adequate safeguards for the ecological species existing on the site. Added C14 . Prior to the commencement of the development hereby approved, details shall be submitted to and approved in writing by the Department which show a pedestrian footpath running from the approved estate road (turning head) to the southern boundary of the site. This approved pedestrian footpath shall be completed prior to the occupation of the last

dwelling and retained thereafter. The pedestrian footpath shall also be completed so it is possible to be connected to any highway/path within the adjacent site without any obstruction or ownership issues.

Reason: to ensure appropriate level of access through the adjacent site and beyond.