Appeal Decision Letter and Notice

Yorkfields Limited 6 Back Royal Parade Harrogate HG2 0QA

Telephone (01624) 685958 Email: [email protected] Contact: Scott Gallacher Our Ref: MEC /AP24/0013 Date: 3rd December 2024

Dear Sir/Madam,

ON APPEAL

PA No: 22/01134/A

Address Fields 333135, Part 334998, 334999 And Part 335000 Land Opposite Springfield Terrace Foxdale Isle Of Man

Proposal: Approval in Principle application for proposed residential development

I refer to the appeal in respect of the above planning application.

In accordance with the provisions of The Town and Country Planning (Development Procedure) Order 2019, I herewith give notice of the appeal decision.

The Minister for Environment, Food and Agriculture, the Hon C Barber MHK, has considered the report, concurs with the appointed person’s conclusions, and accepts the recommendation that the appeal should be dismissed. Accordingly, she has directed that the Department’s decision to approve the application should be upheld, and that the application should be Approved subject to conditions. Formal notice of this decision is attached.

Yours faithfully Redacted

Scott Gallacher Chief Officer

The Town And Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2019

Yorkfields Limited 6 Back Royal Parade Harrogate HG2 0QA

In pursuance of her powers under the above Act and Order/Regulations, the Minister for the Department of the Environment, Food and Agriculture, the Hon C Barber MHK does hereby in the name of and on behalf of the Department APPROVE planning application 22/01134/A by Yorkfields Limited for Approval in Principle application for proposed residential development - Fields 333135, Part 334998, 334999 And Part 335000 Land Opposite Springfield Terrace Foxdale Isle Of Man subject to the following conditions:-

Conditions Of Approval:

1. The development hereby approved shall begin 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, whichever is the later.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019.

1. Detailed approval of siting, design, external appearance, internal layout of buildings, site layout, drainage, landscaping and means of access (hereinafter called "the Reserved Matters") shall be obtained from the Department in writing before any development is commenced. Development shall be carried out in accordance with the approved details.

Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019.

1. The Reserved Matters submitted pursuant to condition C2 above, shall include details of:

(a) all hardsurfacing materials; (b) all external materials; (c) existing and proposed ground and finished floor levels; (d) access and connection arrangements to the public highway; (e) streets, including any paths and turning areas; (f) visibility splays; (g) parking provision in accordance with adopted standards and criteria; (h) waste bin storage in accordance with local authority standards; (i) a highways drainage scheme; (j) a transport assessment; (k) an accessibility audit; (l) a Stage 1 Road Safety Audit and Designer's response; and (m) a swept path analysis (waste collection vehicle).

Development shall be carried out in accordance with the approved details.

Reason: In the interests of visual amenity and highway safety.

1. The Reserved Matters submitted pursuant to condition C2 above shall include the following details and/or demonstrate compliance with the following:

(a) full details of how the development will connect to the public sewerage system; (b) foul drainage in accordance with Manx Sewers for Adoption (MSFA); (c) surface water drainage in accordance with MSFA; and (d) surface water attenuation designed to 1:100 year plus relevant allowance for climate change event.

Development shall be carried out in accordance with the approved details.

Reason: In order to prevent increased risk of flooding and prevent pollution of watercourses from potential pollutants associated with previous uses of the land.

1. No development shall begin until such time as the Department has received confirmation in writing from Manx Utilities that there is sufficient capacity in the public sewerage system to accommodate the additional flows arising from the approved development.

Reason: In order to prevent increased risk of flooding and prevent pollution.

1. No development shall take place, including works of site clearance, site preparation and below ground works, until a comprehensive Flood Risk Assessment, including modelling of the watercourse(s) that run through the site, has been submitted to and approved in writing by the Department. The Reserved Matters details to be submitted pursuant to condition C2 above shall accommodate any necessary resistance/mitigation/resilience measures.

Reason: In order to minimise the risk of flooding on the site and of the surrounding area.

1. No development shall take place, including works of site clearance, site preparation and below ground works, until an assessment of the risks posed by contamination, carried out in accordance with British Standard BS 10175 BS 10175:2011+A2:2017 Investigation of potentially contaminated sites - Code of practice (or equivalent British Standard if replaced), has been submitted to and approved in writing by the Department. If any contamination is found, no development shall take place until:

i) a report specifying the measures to be taken, including the timescale, to remediate the site to render it suitable for the development hereby permitted has been submitted to and approved in writing by the Department; ii) the site has been remediated in accordance with the approved measures and timescale; and iii) a verification report has been submitted to and approved in writing by the Department.

If, during the course of development, any contamination is found which was not previously identified, work shall be suspended on that part of the site until:

a) additional measures for remediation of the site have been carried out in accordance with details that shall first have been submitted to and approved in writing by the Department; and b) a verification report for the additional remediation work has been submitted to and approved in writing by the Department.

Reason: In order to protect the health of future occupiers and to prevent pollution of the environment.

1. No development shall take place, including works of site clearance, site preparation and below ground works, other than in accordance with a Written Scheme of Archaeological Investigation and Evaluation that shall have previously been submitted to and approved in writing by the Department. Any safeguarding measures identified in the Written Scheme as being necessary to ensure preservation in situ of important archaeological remains and/or further archaeological investigation and recording shall be submitted to and approved in writing by the Department, with development to be carried out in accordance with the approved details measures.

Reason: In order to minimise risk to potential archaeology on the site, given its mining history.

1. No development shall take place, including works of site clearance and preparation, until a Preliminary Ecological Appraisal has been carried out on the site, including any necessary species/habitat specific surveys, and the Report has been submitted to and approved in writing by the Department. The Reserved Matters details to be submitted pursuant to condition C2 above shall include any ecological measures recommended in the Report.

Reason: In the interest of preventing harm to protected species and habitats.

1. The Reserved Matters submitted pursuant to condition C2 above shall include open space provision (including playing space) in accordance with the requirements set out at Appendix 6 of the Strategic Plan (or any subsequent iteration thereof). Once provided, the open space shall be retained in perpetuity.

Reason: In accordance with Recreation Policy 4 of the Strategic Plan in order to meet the needs of future residents in the interests of residential and environmental amenity.

NOTE: The decision to grant planning approval, subject to a Section 13 Agreement, was confirmed at Appeal on the 3rd December 2024.

Reason for the approval: The principle of residential development on the site accords with the site allocation in the current development plan. Whilst that allocation is not carried forward in the emerging Area Plan, given that the Plan could still be modified, it can be given little if any material weight at this time. In this regard, the appeal scheme is not so substantial, nor would any cumulative effect be so significant, as to materially undermine the plan-making process, especially when regard is had to the long-term vision of Our Island Plan for a target population of 100,000. Arguments in relation to prematurity therefore carry very little weight. No other material considerations in this case lead to a different conclusion.

NOTE: This decision relates to drawings and supporting information received on 12.09.22, referenced; 001

Date of issue 3rd December 2024

By Order of the Minister Redacted

Scott Gallaher Chief Officer

Note 1: A copy of the report of the appointed person is appended hereto.

Note 2: All parties should note that there is no prescribed right of appeal relevant to the Minister’s decision herein and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within 3 months.

Note 3: The letter which accompanies this notice forms part of the notice in accordance with Article 13 (3) of the Town & Country Planning (Development Procedure) Order 2019.