6 November 2008 · Planning Committee
Land Including Fields 334281 And 334282 Adjacent To, Springfield Terrace, Foxdale, Isle Of Man, IM4 3jx
The proposal sought full planning approval for 8 single-storey and two-storey dwellings on previously approved plots within a 17-plot residential layout (PA 07/00649/B approved on appeal). The site is zoned residential in the Foxdale Local Plan but located in a former mining area with known heavy metal contamination (l…
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Committee concluded application premature despite officer recommendation for approval with conditions, citing need for full details on contamination remediation and mine workings survey before permiss…
General Policy 2
Requires development in accordance with Area Plan zoning/design brief, respecting amenity/landscape/character/services. Officer assessed proposal compliant (traditional design, parking, amenity space); Committee did not dispute.
Housing Policy 6
Residential zoning per Local Plan brief (traditional architecture, A24 improvements, tree retention, mound consultation); proposal reflects this.
Environment Policy 26
Prohibits development on contaminated land unless no unacceptable risk demonstrated. Committee found premature lacking full remediation/mine survey details despite officer view conditions sufficient.
Recreation Policy 3
Requires landscaped open space; site shows ~3840m² (exceeds calculated 1408m² need) but no formal commitment/prior condition.
No objection subject to conditions (connect to public sewer; no surface water to foul; as per prior layout approval)
No objection
No affordable housing required on these plots (not the 25% plots); suggest condition linking to prior approval affordable units
Multiple consultees responded to planning application 08/01321/B for erection of dwellings on plots 8-13 and 16-17 adjacent to Springfield Terrace, Foxdale, Patrick, with Drainage Division offering conditional no objection, Highways not opposing, Fire Service advising consultatio…
Key concern: potential for flooding and inadequacy of proposed 60 cm culvert
Drainage Division, Department of Transport
Conditional No ObjectionNo Objection subject to the following conditions
Conditions requested: The drainage must be installed as per approved application 08/1040/B roads, plots and sewers.; The proposed development must be connected to the public sewer(s) in a manner acceptable to the Department of Transport Drainage Division and on terms and conditions, which must be agreed with the Division prior to the commencement of any building works.; There must be NO discharge of surface water (including that from roofs and paved areas) from this proposed development to any foul drainage system(s).
Patrick Parish Commissioners
No CommentThe Commissioners remain unconvinced that the proposed 60 cm culvert for surface water drainage will be sufficient; The Commissioners would require confirmation further that responsibility for maintenance of these will not fall on them
Conditions requested: Commissioners should be consulted fully on any street lighting proposals and should have the final right to approve any such scheme
Highways Division, Department of Transport
No ObjectionDo not oppose
Isle of Man Fire and Rescue Service
No CommentAdvise Applicant to consult the Fire Safety department with regard to the provision of fire and access for fire appliances.
Patrick Parish Commissioners
No Commentto emphasise their continued concern over drainage notwithstanding the views of others and to note the probability of heavy metal contamination in the site.
The original application (07/00649/B) for residential layout of 17 plots including 4 affordable housing units on greenfield pastureland in Foxdale was granted permission by the Planning Authority but appealed by neighbouring occupiers Mr & Mrs Duffy of Rosehill Cottage due to amenity impacts, countryside intrusion, traffic, drainage, and landscaping concerns. The inspector found the principle of development acceptable as per the Foxdale Local Plan allocation, no policy breach on greenfield sequencing, landscaping proposals adequate despite Local Plan inconsistencies, no unacceptable amenity harm to Rosehill Cottage given standard separations, and drainage manageable via conditions, recommending approval in principle with reserved matters. The Minister rejected the inspector's partial refusal recommendation, granting full approval for plots, roads and sewers subject to revised conditions on landscaping augmentation, single-storey Plot 14, mound treatment, affordable housing, drainage, and contamination survey. Subsequent detailed applications (08/01321/B) for dwellings on specific plots were refused by the Planning Committee on contamination/mine workings grounds contrary to Environmental Policy 26, with an appeal accepted but outcome undetermined in documents.
Precedent Value
Appeals can succeed on allocated sites despite third-party amenity concerns if standard separations met and conditions mitigate risks; Local Plan maps take precedence over inconsistent written statements or village studies; contamination addressed via conditions not precluding detailed approvals.
Inspector: David Ward
