Change of use of commercial unit to residential property

Strategic Policy 1

development makes the best use of resources by utilising under-used land and buildings

Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under -used 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. 4.2.2 In pursuance of (c) abo ve, the Department will, when formulating its programme for the preparation of new Area Plans, have particular regard to: (a) the availability of mains drainage connected to IRIS or other mains systems; (b) securing the future viability of rural primary schools; (c) the public investment in the Island's highway, bus, railway and tramway networks; (d) the provision and availability of water; and (e) community facilities. 4.3 Environment 4.3.1

Strategic Policy 2

new development be located primarily within our existing towns and villages

Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3. (1) Open Space is defined in Appendix 1. (2) Sustainable Urban Extensions are defined in Appendix 1 4.3.2 Appendix 3 to the Plan identifies the towns and villages, and also explains why the Department has rejected the idea of a new settlement, which was mooted in the Consultation Draft published in May 2000. 4.3.3 Each of our towns and villages has an ind ividual character arising not only from its geographical position and existing fabric, but also from its historical, cultural, and social background. This character should be protected and enhanced. Accordingly:

Strategic Policy 4

proposals should protect or enhance the fabric and setting of Ancient Monuments and Conservation Areas

Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings (1), Conservation Areas (2), buildings and structures within National Heritage Areas and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance. 4.3.8 The design of new development can make a positive contribution to the character and appearance of the Island. Recent development has often been criticised for its similarity to developments across the Island and elsewhere - "anywhere" architecture. At the same time some criticise current practice to retain traditional or vernacular designs. As is often the case the truth lies somewhere between the two extremes. All too often proposals for new developments have not taken into account a proper analysis of their context in terms of siting, layout, scale, materials and other factors. At the same time a slavish following of past design idioms, evolved for earlier lifestyles can produce buildings which do not reflect twenty first century lifestyles including accessibility and energy conservation. While there is often a consensus about what constitutes good and poor design, it is notoriously difficult to define or prescribe. 4.3.9 The Department recognises the need to raise the quality of the Island's architecture and built environment and is pursuing this through the development control process and the commissioning of its own schemes and environmental improvements. At the same ti me it appreciates that the debate about good design needs to be broadened to include those who design, construct and finance new development and the wider community as we are all affected by the end product. To this end it welcomes the Isle of Man Arts Co uncil's National Arts Development Strategy 2005 - 2014 which has as one of its objectives, to raise the quality of the Island's architecture and built environment by encouraging debate on architectural standards, town and country planning, urban regenerati on and public art. This Strategy recognises that debate will have to take place over time. 4.3.10 In the meantime, the Department considers that, while there are a number of policies in the Strategic Plan which cover various elements of the design of new development e.g. General Policy 2 (a) -(i), ( m) and (n), and various Housing policies, there is a need for a further statement on the need to secure quality in the design of new development. In the preparation of Area Plans the Department will include development briefs that set out design principles for significant sites including new residential areas. Subsequent planning applications will be required to be accompanied by a Design Statement setting out the way in which the proposal has been designed to take into account its context and how the design principles have been developed. 4.3.11 At the same time as wishing to promote good design in new development the Department recognises that there are an increasing number of alternative styles of housing which draw their design principles from the wish to promote sustainability and energy efficiency. Many of these can be incorporated into both modern and traditional designs but in some cases they produce a completely different structure or form of buildings, for exa mple underground (1)Registered Building is defined in Appendix 1 (2) Conservation Area is defined in Appendix 1 housing. While wishing to conserve the historic landscape of the Island the Department welcomes new styles of housing as long as they take into account the landscape context and the impact on the amenities of the area in which they are si ted. Merely arguing that a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development.

Strategic Policy 9

all new retail development must be sited within town and village centres

Strategic Policy 9: All new retail development (excepting neighbourhood s hops and those instances identified in Business Policy 5) and all new office development (excepting corporate headquarters suitable for a business park (1) location) must be sited within the town and village centres on land zoned for these purposes in Area Plans, whilst taking into consideration Business Policies 7 and 8. 4.4.7 The definition of Corporate Headquarters includes offices for those companies using the new information technologies and/or who service other business park users (but specifical ly excludes financial and professional services to visiting members of the public including banks, building societies, estate agencies and betting offices). 4.5 Transport and Communications 4.5.1 There is a direct link between the location of new devel opment, its effect on the transport network and the provision of a more integrated transport network. Accordingly:

Strategic Policy 12

favourable consideration will be given to proposals for improving the quality and condition of the existing housing stock and for the creation of flats by conversion of vacant and under-used space above commercial premises

Strategic Policy 12: Favourable consideration will generally be given to proposals for improving the quality and condition of the existing housing stock and for the creation of flats by conversion of redundant boarding houses, and vacant or under -used space above commercial premises subject to compliance with detailed standards (see section 8.13). CHAPTER 5 ISLAND SPATIAL STRATEGY 5.1 Implementation of the Government's core purpose "to maintain and build on the high quality of life enjoyed by the Island's community" as set out in Chapter 2 requires many policy measures including, from the Department, a new Development Plan with this Strategic Plan as the over arching policy framework. To guide the physical development of the Island up to 2016 requires an Island Spat ial Strategy (ISS) (1). The ISS provides a framework for strategic choices in relation to development and infrastructure investment. It will also assist private sector investment decisions. It provides a degree of continuity with existing policy but sets new directions to achieve a more sustainable pattern of development in the interests of future generations. It will also assist in the setting of priorities for future investment. 5.2 The starting point of any spatial strategy has to be a review of the e xisting settlement and development pattern of the Island. The very fact that we are an Island nation sets us apart from most of the regions of the British Isles which share physical boundaries with other regions and jurisdictions. The Island comprises a number of distinctive areas which have evolved from the natural landscape and the settlement of the Island. Generally, each area is based on a principal town which supports a range of employment and service provision serving a rural catchment area including smaller villages or hamlets. 5.3 The four areas are:  Douglas and the East. Focused on Douglas (population 26,000 (2)) the wider area encompasses Douglas, Onchan, Braddan, Marown, Santon, Laxey and Lonan with a total population of 45,000 comprising over 55% of the Island's population. At the time of the 2001 Census some 23,000 (nearly 60%) of the Island's 39,000 employed population worked in Douglas. A further 2200 (5.7%) worked in Braddan and some 1400 (3.6%) in Onchan.  Ramsey and the North. Focused on Ramsey (population 7,300) the rural catchment area encompasses Andreas, Ballaugh, Bride, Jurby, Lezayre and Maughold with a combined population of just under 13,000. In 2001 nearly 2500 (6.4%) of the employed population worked in Ramsey.  Peel and the West. Focused on Peel (population 4,200) the rural catchment area encompasses Patrick, German and Michael which, although including the villages of St John's, Kirk Michael, Dalby, Glen Maye and Foxdale, only creates a combined population of some 8,200. In 2001 just over 1000 (2.7%) of the employed population worked in Peel.  The South. This is made up of a network of settlements, with Castletown, Port Erin and Port St Mary having populations of between 2,000 and 3,500 and Ballasalla, Colby and Ballabeg, giving a total population of some 14,200. Castletown provides the major business centre and the Ballasalla Industrial Area, the Airport and Freeport is one of the major strategic employment centres for the Island. (1) Island Spatial Strategy is defined in Appendix 1 (2) Isle of Man 2006 Census In 2001 some 2300 (6.1%) of the employ ed population worked in Malew. Some 1400 (2.7%) worked in Castletown. 5.4 This area framework is supported by a strategic transport network which comprises a radial pattern of roads converging on Douglas with links between the main towns and villages around the coast. 5.5 Thus the current spatial framework is characterised by four areas each with a main centre or, in the case of the south, a series of smaller centres, with the strategic transport network providing the links between all parts of the Island. These form a family of settlements which provide a hierarchy of employment and service centres across the Island. The size of some of these settlements presents challenges in terms of maintaining the current level of services in the future. Over the years this area framework has been supported by Government in terms of public service provision of education, healthcare and leisure. Area Plans for each of the four defined areas will be prepared during the next 4 to 5 years. 5.6 The Consultation Draft ( 2000) introduced the concept of a new settlement as a means of accommodating new housing provision but this idea was rejected by the Department in the Draft Strategic Plan (2001) in favour of a policy of containment around existing urban areas (see Appendix 3 ). The Strategic Aim, Objectives and Policies provide the framework to develop the existing spatial framework into a Spatial Strategy. Spatial Vision 5.7 The Strategic Objectives and Strategic Policies direct that the focus of new development should be within existing towns and villages or in sustainable urban extensions, avoiding coalescence of settlements and maintaining their local identity. This translates into a Spatial Vision that by 2016 the Island's communities will have become more sustai nable, prosperous, safe, healthy and vibrant. People from all sections of society will have been provided with better access to a range and choice of homes, jobs and services. This will have been achieved in ways that reduce the impact of society on the environment, improve the quality of design and the built environment and enhance the Island's natural environment and heritage assets. 5.8 In order to achieve this 'Spatial Vision', a framework is required as part of the Island Spatial Strategy for the future development of the Island based on service CENTRES, key transport LINKS and the main GATEWAYS of ports and Ronaldsway Airport (see Key Diagram). The CENTRES comprise a hierarchy of service provision with Douglas, the capital of the Island, seat of Government and headquarters for most of the Island principal businesses and retail stores, as the MAIN CENTRE. Ramsey, Peel, Onchan, Castletown and Port Erin act as SERVICE CENTRES for their respective hinterlands. Below these are a series of SERVICE VILLAGES made up of Laxey, Jurby, Andreas, Kirk Michael, St Johns, Foxdale, Port St Mary, Ballasalla and Union Mills. Finally, there are a number of smaller settlements with little or no service provision which rely on the other centres for various services. These comprise: Bride Glen Maye Sulby Dalby Ballaugh Ballafesson Glen Mona Colby Baldrine Ballabeg Crosby Newtown Glen Vine Strang The only major employment area outside the CENTRES is that based on the Ronaldsway and Ballasalla Industrial Estates and the Freeport but these are adjacent to Ballasalla and Castletown. The aim of the CENTRES, LINKS and GATEWAY approach is to give a strategic focus to future development and achieve balanced growth on the Island by developing:  the key transport links as the skeletal framework for future physical development and the primary links to and between the gateway ports and the airport;  a compact and dynamic eastern area centred on Douglas, the major gateway and the focus of the strategic transport network;  area service centres in the north and west based on Ramsey and Peel using regeneration opportunities to strengthen their employment and service base; and  a network of local centres in the south with new development focused on the regeneration of existing centres but recognising the growth potential around Ballasalla and the Airport Gateway. 5.9 In the Douglas and the East Area the focus of development will continue to be in and around D

General Policy 2h

developments provide satisfactory amenity standards

Spatial Policy 2

identifies Castletown as a Service Centre that should provide regeneration and choice of location for housing

Environment Policy 35

in Conservation Areas only development that would preserve or enhance the character of appearance of the area will be permitted

Environment Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.

Environment Policy 43

supports proposals which seek to regenerate run-down area

the continued regeneration within Douglas, particularly around the Promenades and Quayside and Douglas Regeneration Area to create further housing, employment, retail and leisure opportunities. Environment Policy 43 of the Strategic Plan recognises that there are some areas showing signs of deterioration and degradation, limited investment, empty and underused buildings, derelict sites and generally poor environments. It suggests that areas that could benefit from regeneration should be identified in Area Plans and any schemes or proposals whether for refurbishment, environmental improvements or complete redevelopment must be formulated by involving the local community which would be directly affected by the regeneration of the area. Re-use of sound built fabric, rather than its demolition will be encouraged. Comprehensive Treatment Area Objectives The objectives are to: i. Optimise use of land and buildings; ii. Unlock difficult sites; iii. Assist with a co-ordinated approach to development; iv. Improve the urban environment and visual amenity; v. Encourage further investment; vi. Provide for space for Douglas Town Centre to grow; and vii. Improve access and provide better linkages. Area Plan Desired Outcomes The outcomes for each identified 'treatment area' will be tied to the proposed mix of uses on each site. The desired outcomes can be summarised under the following headings - many of which are interlinked: i. Urban Design and Integration a. To provide urban design outcomes which recognise the history of each area, their relationships to neighbouring land uses and features and takes into account appropriate transition from one land use to the next. ii. Infrastructure a. General/grey - to ensure that development staging is co-ordinated with the delivery of infrastructure and to create a road network that is permeable. b. Green - to e stablish appropriate public open space assets that are visually and physically linked via the local road network and associated pedestrian and cycling trails and waterways. To protect character in terms of landscape quality and nature conservation value with settlement boundaries. iii. Uses a. Provision of retail, community services, leisure without compromising the function and role of nearby activity centres, and which facilitates efficient and direct pedestrian, cyclist and vehicle movement. iv. Making a positive contribution a. To create an attractive urban environment that features tree -lined streets and attractive open spaces with high-amenity landscaping. v. Making the best use of resources a. Areas have been chosen because of their ability to complement existing town centres uses, and to take advantage of the roads and service infrastructure already in-place. b. To ensure balance between water quality, biodiversity, recreation and visual amenity while optimising developable land within settlement limits. vi. A more integrated transport network a. Provide realistic and workable alternatives to the use of private vehicles through the creation of direct links for pedestrians, cyclists and public transport users to town centre and retail areas, to schools, leisure facilities and other community assets. Key features of Comprehensive Treatment Areas in the East The proposals set out in this Plan: • Identify four CTAs in Douglas and one in Onchan; • Have a strong treatment focus on delivering quality urban environments, with a complementary mix of land uses and clear underlying visioning; • Translate to mapped areas without defined edges; • Describe the treatment which is proposed; and • Intend the period, within which that treatment is to begin , as being within 5 years beginning with the date on which the Plan is adopted. Proposed Comprehensive Treatment Areas in the East Comprehensive Treatment Area 1 - The Villiers (area is shown on Map 5) Despite planning approval for a variety of uses having been granted, much of the site remains undeveloped and has done for some time. The site has a negative effect on this prominent area of Douglas and impacts on the appearance of the Promenade as a whole. The area fronting the Promenade should either be developed or its appearance improved by creating an attractive public space. Re -development of the wider area would not be discounted, although where existing buildings are attractive and have a sound fabric, they should be incorporated into any wider scheme. The Central Douglas Masterplan suggests there is opportunity to support the intensification of the high street through the removal of some buildings on Duke Street. The Villiers site CTA is also a strategic freight corridor and maintaining access for commercial vehicles, including HGV's, must be considered in any proposed development. CTA Proposal 1 - The Villiers (Treatment Plan) Development of this area shall include office, leisure, retail, hotel, residential, entertainment venues, food and d rink uses and public open space or a combination thereof; or the laying out of

Housing Policy 17

The conversion of buildings into flats will generally be permitted

Housing Policy 17: The conversion of buildings into flats will generally be permitted in residential areas provided that: (a) adequate space can be provided for clothes -drying, refuse storage, general amenity, and, if practical, car-parking; (b) the flats created will have a pleasant clear outlook, particularly from the principal rooms and (c) if possible, this involves the creation of parking on site or as part of an overall traffic management strategy for the area. 8.13.4 In recent years, interest has grown in the development of residential dwellings from redundant commercial space, primarily above shops. In the United Kingdom, inspira tion for such development came from the LOTS initiative (Living Over The Shop) started in 1989 and the FOS programme (Flats Over the Shop), set up in 1991. The Department generally supports the conversion of redundant storage space above shops (which are often outside of residential areas), into residential development unless the occupants would suffer adverse noise, general disturbance or loss of residential amenity from other land uses. 8.14 Loss of Housing 8.14.1 In the current housing situation, the Department is concerned to ensure that there is no unwarranted loss of existing housing which is fit for habitation or could be made so at reasonable cost.

Community Policy 4

Community Policy 4: Development (including the change of use of existing premises) which involves the loss of local shops and local public houses, will only be permitted if it can be demonstrated that the use is no longer commercially viable, or cannot be made commercially viable. 10.9 Hospitals 10.9.1 The new hospital located in Braddan is now operational, and any further land-use requirements arising therefrom are dealt with in the re levant Area Plan. Likewise, any land - use requirements arising from regional facilities will be addressed by the appropriate Area Plans. 10.10 School Sites 10.10.1 Schools play an important role as a focus for community activity, providing not only schooling for children but also adult education, sports facilities, and cultural and social opportunities. This is especially true in our smaller villages. The continued viability and accessibility of village schools will therefore be one of the more important criteria to which the Department has regard when preparing new Area Plans. In the preparation of Area Plans, the Department will consult with the Education Departm ent on such criteria . Also, an increasing population, and changes in the profile and distribution of the population, are leading to demand for new and extended schools. Accordingly, the following policy is appropriate:

Transport Policy 7

requires all new development to provide parking in accordance with the Department's Standards

Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7. 11.5.4 New development can have a significant impact in terms of the traffic generated by it and the impact on the various modes of travel. The Department considers that proposals which are likely to be significant traffic generators should be accompanied by a Transport Assessment(1) which should look at all modes of transport including access by public transport, cycling and on foot.