24 July 2007 · Planning Committee
Land Including Fields 334281 And 334282 Adjacent To, Springfield Terrace, Foxdale, Isle Of Man, IM4 3jx
The proposal involves a residential layout for 17 plots on fields 334281 and 334282 adjacent to Springfield Terrace in Foxdale, including a terrace of 4 affordable housing units, central access from the A24, and the existing mound retained as public open space.
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The proposal addressed prior refusal reasons from PA 06/01371/B: affordable housing increased to 4 units (25%) complying with Tynwald 2005 resolution; mound treatment via condition requiring method st…
Predominately Residential - Marguerite Place
Requires A24 improvements, traditional village architecture, tree retention, mound acknowledgment via MNH consultation and landscaping for integration, possible play area. Officer assessed layout complies with zoning, mound via condition, trees/landscaping protected, future designs to reflect tradition.
Tynwald Resolution on Provision of Affordable Housing
Requires 25% affordable housing for 8+ dwellings on zoned land. Proposal provides 4/17 units (23.5%, near-compliant), with legal agreement condition; addressed prior refusal by increasing from 3 units.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved drawings
This approval relates to Drawing Numbers 1288/04/30; 31; 32; 33; 34; 35; and 36, and additional information submitted as part of this application and date stamped 3rd April 2007.
Mound method statement
Prior to the commencement of works on site, a method statement must be submitted for consideration and approval by the Planning Authority, to indicate the detailed works proposed to the earth mound within the site. Such a method statement should follow discussions with Manx National Heritage, the Environmental Protection Unit of the Department of Local Government and the Environment and the Department of Trade and Industry.
Landscaping scheme
No development may commence until there has been approved by the Planning Authority a scheme of landscaping which includes indications of all existing trees and hedges within the site and details of any to be retained together with measures for their protection during the course of construction. 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.
Affordable housing legal agreement
Prior to the commencement of any works, there must be concluded a legal agreement between the applicant/developer and the Department whereby at least four of the proposed plots/dwellings will be made available to the Department as affordable units in terms of the House Purchase Assistance Scheme 2004.
No surface water to foul sewer
There must be no discharge of surface water to the main foul sewer.
Foul sewer connection
The proposed development must be connected to the main foul sewer.
Supports the proposal
Limited statutory consultee responses include conditional no objection from utilities (IoM Water Authority, Manx Electricity Authority) requiring utility connections, support for affordable housing provision from DLGE Estates and Housing, and detailed heritage concerns from Manx …
Key concern: mining mound requiring investigations for safety, contamination, and historical retention
Manx National Heritage
Conditional No Objectionif the mound is the result of mining activity, Manx National Heritage would argue that it should be retained as a piece of industrial archaeology: there are also compelling safety issues for doing so.; any scheme brought forward for the development of this land would have to include the requisite investigations
Conditions requested: further specialised documentary research; locate and make safe any associated shaft; geophysical survey; further assessment of ground contamination surrounding the mound; retain mound as piece of industrial archaeology if mining origin confirmed
IoM Water Authority
Conditional No ObjectionSee Note (1)
Conditions requested: applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws; for connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, contact IoMWA Planning and Projects Section, tel. 69 59 58
Manx Electricity Authority
Conditional No ObjectionSee Note 1&2
Conditions requested: applicant must contact the Authority; contact Network Operations Department (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may be required to be diverted; contact M.E.A. Planning Department (Tel. 687781) to discuss the electricity supply; obtain Electrical Site Safety 5 documents (Tel. 687766)
DLGE Estates and Housing Directorate
Supportprovision of 4 no. (25%) affordable dwellings for sale to first time buyers under the HPAS 2004 would be appropriate
Conditions requested: Developer discusses the provision with the Estates and Housing Directorate before proceeding further with the proposals beyond the Planning Stage; affordable properties should comply with the Department’s Public Sector Housing Standards Document
DTI Mines Division
No CommentDTI should attempt to obtain a copy of the housing layout plan so that we can ascertain if there are any mine entries likely to affect the proposed development and comment accordingly
The original application by Migrah Foxdale Ltd for a residential layout of 17 plots including 4 affordable housing units on pastureland adjacent to Springfield Terrace, Foxdale, was permitted by the Planning Committee on 19 July 2007 following officer recommendation. Appellants Mr & Mrs Duffy, residents of nearby Rosehill Cottage, challenged the approval citing loss of privacy, intrusion into countryside, inadequate landscaping per Foxdale Local Plan, traffic, and drainage issues. The Planning Authority defended the site as allocated in the adopted Foxdale Local Plan. The inspector identified key issues including greenfield development, landscaping, impact on Rosehill Cottage amenity, and drainage; found the site allocation policy-compliant, no strict landscaping requirement in the statutory plan, acceptable separation distances for amenity despite appellant concerns, and drainage manageable via conditions. The appeal succeeded partially: detailed plot approval refused due to unresolved landscaping density and dwelling siting near Rosehill Cottage, replaced by approval in principle subject to conditions including contamination survey.
Precedent Value
Appeals can succeed partially by securing approval in principle where details need refinement (e.g., landscaping density, siting); statutory plan maps prevail over supporting studies; tight historical plots limit amenity protections without policy breach.
Inspector: David Ward
