11 January 2011 · Delegated
Communal/Landlords, 23, Demesne Road, Douglas, Isle Of Man, IM1 3dz
This application sought permission to install replacement windows to the front elevation of Four Winds, 23 Demesne Road, Douglas. The property sits within a Conservation Area where the existing windows are painted timber sliding sashes. The application was refused on 11 January 2011. The officer found that the proposed windows would not replicate the original method of opening or the arched heads of the existing windows, meaning they would fail to preserve or enhance the character and appearance of the Conservation Area. The decision was made by the Senior Planning Officer under delegated authority. There is a notable planning history at this address, with five previous applications recorded.
The application was refused because the proposed replacement windows would not replicate the original method of opening or the arched heads of the existing windows. This was judged to be harmful to the character and appearance of the Conservation Area and to the visual amenities of the street scene.
Refusal Reasons
General Policy 2
Isle of Man Strategic Plan 2007
General Policy 2: 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. 6.3 Development outside of areas zoned for development
Environment Policy 35
lew LDHP LDHP e Arbory Location Former Designation Area Plan Designation Symbol on Proposals Map (3) and Inset Maps (4-7) Parville, Ballabeg (Registered Building 235), Arbory LDHP LDHP f Balladoole House and The Granary, Arbory LDHP LDHP g Rushen Location Former Designation Area Plan Designation Symbol on Proposals Map (3) and Inset Maps (4-7) Ballagawne (Greenacres), Ballagawne Road, Rushen LDHP LDHP h Kentraugh, Rushen LDHP LDHP i Proposed Low Density Housing in Parkland An area to the East and West of Phildraw Road, Malew, as shown on Inset Map 4 Appendix 4 (a): Groups of Houses in the Countryside Survey (2009) Assessments of individual groups: (a) Cregneash: (i) Description: Cregneash comprises a group of traditional buildings clustered around the church, and set on the saddle between Meayll Hill and Cronk ny Arrey. Some of the buildings are used as part of the Cregneash Folk Museum. (ii) Assessment: It is indicated at paragraph A.3.7 of Appendix 3 to the Isle of Man Strategic Plan that "Cregneash may also be judged to have the characteris tics of a village, but as the National Folk Museum it is subject to special consideration, seeking to preserve and protect the authenticity and integrity of the village and its setting." However, it would be more accurate to refer to Cregneash as "the set ting for the National Folk Museum" rather than "the National Folk Museum ". The introduction of additional dwellings, necessarily constructed some 100 years or more later than any existing dwelling in the village, would clearly be inimical to preserving th e authenticity and integrity of the present group and its value as the setting for the Folk Museum. Additional dwellings are not therefore proposed. (b) The Howe/Glen Chass: (i) Description: The Howe comprises a group of dwellings and farm buildings ar ound the chapel on the north side of the road to The Sound. Just to the east, scattered either side of the road down to Fistard are the dwellings comprising Glen Chass. These linked groups have a sense of identity, arising in part from the chapel and in part from the topographical setting. The groups are close to Port St Mary, but clearly within the countryside. Apart from the chapel, there are no public buildings. (ii) Assessment: These groups are not in themselves sustainable settlements, and are not far enough away from Port St Mary or Port Erin to generate a valid local need for housing. In the case of The Howe, further development would be likely to extend or consolidate the existing ribbon development along The Sound Road, whilst in the case of Glen Chass, the access road is narrow and difficult, especially for public service vehicles. In these circumstances, additional dwellings are not proposed for The Howe or Glen Chass. (c) Ballakilpheric/Cronk e Dhooney: (i) Description: Grouped quite comp actly to the west and east of the still -active chapel are two collections of dwellings and farm buildings, some of which are comparatively modern. The group is some 1.5 km from the Colby main road, up a winding and sometimes narrow road. The sense of place arises largely from the chapel at the crossroads, but there are no other public facilities or amenities. (ii) Assessment: Whilst a small number of additional dwellings could be added without visual detriment to either the group or its setting, the group is not sustainable, is served by a poor access road, and is not distant enough from Colby to generate a valid local need for housing. Additional dwellings are not therefore proposed. (d) Earystane: (i) Description: Earystane comprises a collection of dwellings scattered along the road between Ballamoar and Ballacannell. The distinctive, finely coursed stonework of some of the buildings, including the former chapel, lends a sense of unity to this interesting upland settlement. The group is some 2.5 km from the main Colby Road, is served by only a narrow road, and has no public facilities or amenities. (ii) Assessment: Further dwellings would clearly not be sustainable, and would reduce the interest and attraction of the existing group. Road access is poor. Additional dwellings are not therefore proposed. (e) St Marks: (i) Description: St Marks is a designated Conservation Area, which includes some of the surrounding countryside. The buildings include the church, a chapel, the former school rooms , and a number of dwellings clustered around the village green. The spaces between the buildings contribute positively to the character of the settlement, helping to integrate it with its immediate rural environment. The undeniable sense of place arises not only from the disposition of the buildings and spaces, but also from the location at the meeting of several rural roads. (ii) Assessment: The Character Appraisal statement for the Conservation Area indicates that "Whilst new development might not be ru led out, detailed and careful assessment of any proposed develo
Policy 6
opment Plan', and specifically provides a local framework for how Douglas and the surrounding settlements are likely to grow, change or stay the same for the remainder of the Plan Period (up to 2026). It replaces all extant plans and is a material consideration when planning applications are determined. Recent events have led to some questions whether the timing is right to release the Plan. I believe firmly that it is. I would like to thank all those who have contributed through out this Plan's development. Such engagement is invaluable and makes for a more rounded and robust plan and ensures matters and sites are fully scrutinised. I look forward to seeing how the Area Plan for the East influences change as we embrace our digital, green and safe Island. Ray Harmer, MHK Minister for Policy and Reform Contents An 'Area' approach to Plan making ..................................................................... 1 The Role of the Area Plan for the East ................................................................ 7 Spatial Vision in the East ................................................................................. 13 Landscape Character and Appearance............................................................... 17 The Natural Environment ................................................................................. 34 The Urban Environment ................................................................................... 48 Transport and Utilities ..................................................................................... 57 Employment ................................................................................................... 71 Town Centres ................................................................................................. 81 Tourism ......................................................................................................... 90 Open Space and Recreation, Education, Health and other Community Facilities .... 95 Residential ................................................................................................... 101 Comprehensive Treatment Areas .................................................................... 127 Appendices Appendix 1 Additional background information on Employment Land 134 Appendix 2 Recommendations set out in the Retail Study 2009 138 Appendix 3 Extracts from the Draft Area Plan for the East 'Household Size and Population Projections Paper DP EP5 (June 2019) An 'Area' approach to Plan making What is an Area Plan? The Cabinet Office has a responsibility, afforded to it by Section 2 of the Town and Country Planning Act 1999, to prepare the Island Development Plan (IDP). The purpose of the IDP is to set out the general 'Policies' in respect of the development and other use of land on the Isle of Man , and also to identify the 'Proposals' which relate to specific places or issues , depending on the particular plan area. The two types of plan prepared and which make up the 'Island Development Plan' are: • a strategic plan, and • one or more area plans. The Isle of Man Strategic Plan 2016 (the Strategic Plan ) was approved by Tynwald on 15th March 2016, coming into operation on 1st April 2016. In hierarchical terms, the strategic plan sits above the area plans in the sense that the proposal in an area plan shall be in general conformity with the strategic plan. The implementation of Policy set out in the Isle of Man Strategic Plan This Area Plan for the East elaborates on the broad policies set out in the Isle of Man Strategic Plan relating them to precise areas of land. The Plan's final form has been shaped by the Report of the Public Inquiry published on 6th December 2019 and the representations received on the proposed Modifications published on 14th February 2020. The Area Plan for the East is made up of a Written Statement (this document) and a series of Maps. The Written Statement contains 'Proposals' which are either site s pecific, relatable to a specific issue in the East or on occasion in the form of a policy statement for a specific area. A number of 'Recommendations' are also included. These are statements of intent where the Cabinet Office has no direct control over i mplementation. They are intended to act as encouragement to other Departments or bodies to work together with the support of Cabinet Office to take action on or to deliver on particular matters or policy statements. How many Area Plans will there be? It is the intention to produce a limited number of Area Plans. There is already an Area Plan for the South which covers Castletown, Port Erin, Port St Mary, Rushen, Arbory, and Malew. The Area Plan for the East will be followed by an Area Plan for the North and West. Current legislation allows an area plan to relate to the whole of the Island or to such part as may be specified therein. It is the aim to pro
Installation of replacement windows to rear elevation
Installation of replacement windows on front elevation
Installation of replacement windows to front elevation
Installation of replacement windows to front elevation
Installation of replacement windows and rear door