6 March 2020 · Committee
Field 434062, Path Leading To Malew Church From Malew Road, Great Meadow, Castletown, Isle Of Man, IM9 3dj
Permission was granted for the creation of an extension to the existing cemetery at Malew Church, on a parcel of land on the western side of the A3 Malew Road, directly south of Malew Churchyard. The site has a frontage of approximately 118m to Malew Road and extends around 89m westwards into the field. The application was amended during the process: the site area was reduced so that the frontage dropped from 135m to 120m as originally submitted, and a previously proposed agricultural access was changed to pedestrian-only through the introduction of metal gates, with agricultural traffic directed to use the main car park entrance instead. The key planning issues considered were whether the use of the land as a cemetery extension was acceptable in principle, and whether the layout was satisfactory in visual, environmental, and highway safety terms. Both were found to be acceptable, and the application was approved subject to five conditions.
The application was approved by committee on 6 March 2020. Officers considered the principle of using the land as a cemetery extension to be acceptable, and the proposed layout was found to be satisfactory in visual, environmental, and highway safety terms.
Extensions to Burial Grounds
The proposal is considered to provide an acceptable means of extending the existing burial grounds, in accordance with the Area Plan for the South
Extensions to Burial Grounds
Part of the site is designated on the Area Plan for the South (2013) as Proposed Churchyard
Site 27 Location: Malew Parish Church, Malew Proposed Designation: Churchyard
the land required for such purposes is extensive and as such should only be laid out as formal churchyard when the need arises
Development Brief 27
a detailed planning application will be required to address the following matters
Land which is not designated for development is generally protected from development
Land which is not designated for development is generally protected from development under Environment Policy 3
ar sea views. Additionally, services for networked water supply and other essential utilities would be difficult to provide for additional development in this area (see Maps 3, 7 and 9). Natural Environment Proposal 3 (Green Gap) Between the settlements of Laxey and Baldrine, development which would erode the separation and detract from the openness between the settlements will not be supported. Glen Vine and Crosby - These two settlements, although proximate in location, are separate and distinct in many ways. Consultation has clearly demonstrated this through the views expressed during the stages of plan development. In cases such as this, the breaks in the urban fabric and the features of nature which provide a sense of openness should be protected from development which would erode this (see Maps 3 and 10). Natural Environment Proposal 4 (Green Gap) Between the settlements of Glen Vine and Crosby, development which would erode the separation and detract from the openness between the settlements is unlikely to be supported. Douglas, Union Mills and Strang (see Maps 3, 4 and 8) Natural Environment Proposal 5 (Green Gap) Between the settlements of and Douglas, Union Mills and Strang, development which would erode the separation and detract from the openness between the settlements is unlikely to be supported. The Upland Environment The Manx Uplands are an iconic part of our landscape and heritage. Reference to the 'sweet mountain air' and 'green hills and rocks' are enshrined in our national anthem and the colours of the heather and gorse are woven into the very fabric of Manx tartan. The hills are a place of great beauty, yet for some they are also a place to work and for others a place to exercise or simply enjoy open space. Our Uplands are also home to plants and animals that whilst familiar to us, are rare and impor tant in a global and European context. Furthermore, the uplands are a rich repository of cultural and archaeological remains, which are sensitive to change and can easily be damaged by inappropriate development. Production of food is an important and obvi ous function of hill land. But surprisingly, the Manx hills provide everyday functions that most people take for granted. Peatlands, which cover most of our hills reduce the impacts of climate change by locking up carbon dioxide, collect and filter our drinking water and slow the passage of rainfall into streams and rivers, thus reducing downstream flood risk. These multiple uses are of great benefit to the economy of the Isle of Man and the well - being of its people. It is important that the hills continue to provide these benefits long into the future. Ensuring sustainable management of such a wide range of uses to the satisfaction of all interested parties whilst retaining functions essential to the well -being of the Isle of Man is of paramount importance. The Isle of Man Government is the owner and landlord for the majority of the Uplands in the East region and is therefore in a position to implement policy which will deliver the optimum range of ecosystem services. Appropriate and positive Upland management such as controlled rotational burning/cutting of heather and low intensity grazing helps to reduce the fuel load of the hill, provides firebreaks and reduces the risk of unplanned wildfires that further protects the biodiversity of the site, but also the vast amounts of carbon locked away in the peat soils. The majority of this work is carried out by The Department of Environment, Food & Agriculture's grazing and shooting tenants. The Manx Uplands are critically important from a habitat and biodiversity perspective. The hills in the East support a significant number of breeding hen harriers; however, other native Upland breeding birds such as curlew and red grouse have suffered severe declines in recent decades and as such are of high conservation concern. Strict control of access and recreational activity on vulnerable soils should be implemented to reduce soil erosion and subsequent carbon loss. Curlew and hen harriers are recognised as an internationally important species, while (within the EU) upland heather moorland is designated as a priority habitat. In order to ensure protection and positive management of the Uplands, the following proposal is appropriate: Environment Proposal 6 Uses of the Uplands that contribute to the management and preservation of this distinctive environment will be supported. Dark Skies On the Isle of Man, 26 Dark Sky Discovery Sites have been identified, of which nine are located in the East. They are classified as Milky Way Sites meaning that at these sites the Milky Way is visible to the naked eye. The sites are accessible and light pollution is limited. The following Dark Sky Discovery Sites are located within the East: • Port Soderick Upper Car Park • Port Soderick Brooghs, Little Ness Car Park • Mount Murray Golf Club • Onchan Park • West Baldwin Reservoir Car Park • Clypse Kerrowdhoo Reservoi
General Policy 3 sets out those exceptions to the presumption against development
development recognised to be of over-riding national need in land use planning terms and for which there is no reasonable and acceptable alternative
General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land (1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage. 6.4 Planning Agreements 6.4.1 Where development is acceptable and in accordance with the provisions of this Plan and the relevant Area Plan, but raises issues which cannot be addressed by the imposition of planning conditions, the Department will seek to conclude an Agreement with the developer under Section 13 of the 1999 Town and Country Planning Act.
Development which would result in the permanent loss of important and versatile agricultural land (Classes 1-2)
the site lies within an area of the highest quality on the Island
also to entail the permanent loss of some versatile A2 agricultural land, falling within Class 3/2 as shown on the Agricultural Land Use Capability Map of the Isle of Man. This would be counter to Environment Policy 14 of the Strategic Plan. In my view, this should tell against the retention of this land as a Strategic Reserve Site. 348 I recommend that the proposal to show Site BH032 as a Strategic Reserve Site for potential residential development be deleted from the Area Plan. Site GH011 - Ballacollister Road, Laxey; and Site GH015 - Briar Dale, South Cape, Laxey 349 Site GH011 consists of about 2ha of open land on the east side of Ballacollister Road, Laxey, immediately to the north of that village's existing built up area. It is allocated for residential development in the Laxey and Lonan Area Plan 2005, but is outside the existing settlement boundary of Laxey as shown in the draft Area Plan. In 2007, planning approval in principle was granted for six dwellings on this land, but this was never taken, up and has now lapsed. 350 Site GH015 is contiguous with Site GH011, to the north-east. It has an area of about 0.22ha, and is shown as woodland in the Laxey and Lonan Local Plan 2005. It is outside the settlement boundary of Laxey, as shown in the draft Area Plan. 351 In the draft Area Plan as published in May 2018, these sites were allocated for residential development. However, in the Schedule of Proposed Changes published in July 2019, the Cabinet Office indicated that they would be relegated to the status of Strategic Reserve Sites. 352 Mr M Perkins referred to current sewage problems in this area, although I understand that new provision for sewage treatment is planned for Laxey. Miss P Newton felt that the development of this land would detract from the visual amenity of Laxey. It would be visible across a wide area, and would require the removal of trees. M Turner and A Kennaugh referred to the poor access, and considered that Site GH011 should remain in agricultural use. Inspector's Conclusions 353 I consider that, at present, access to these sites is unsatisfactory. Ballacollister Road is a single-track lane, which would require widening to permit two vehicles to pass one another without difficulty. Its junction with the A2 is sub-standard. 354 In view of this, I am not convinced that these small sites should be considered as providing an appropriate location for a sustainable extension to Laxey. Furthermore, I have seen no evidence that there is a local housing need that would justify the extension of this settlement into the surrounding countryside. In the circumstances, I am not persuaded that there is a case for either site to be reserved for future development. 355 I recommend that neither Site GH011 nor Site GH015 be allocated for residential use in the Area Plan, either for immediate development, or as strategic reserve land. Site GH020 - Land adjacent to Ard Reayrt, Laxey 356 Site GH020 comprises about 1.5ha of undeveloped land within the existing settlement boundary of Laxey, as shown in the draft Area Plan. It is within an established housing area, in a hillside location, on the northern side of the village. It was allocated for residential development in both the 1982 Development Plan and the Laxey and Lonan Local Plan 2005. In the draft Area Plan as published in May 2018, it was proposed as a residential allocation for immediate development. However, in the Schedule of Proposed Changes published in July 2019, the Cabinet Office indicated that it would be relegated to the status of a Strategic Reserve Site. 357 Mr M Perkins referred to the surface water drainage problems in Laxey. There had been recent flooding events in the village and these could be expected to increase in frequency and intensity as a result of climate change. Development of this site would exacerbate this problem, by accelerating the rate of run-off from the newly installed hard surfaces. The soils here are shallow and overlie rock. As a result soakaways quickly overflow. Inspector's Conclusions 358 During the course of the inquiry, there was a serious flood event in Laxey, and it is important that the risk of further such events should not be exacerbated. In my view it would be poor planning to provide for the development of this site without being certain that measures could be taken to ensure that there would be no increase in the rate of surface water run-off. On the evidence available to me, I am not certain that this would be possible. In the circumstances, I consider that the allocation of this site should be deleted from the Area Plan. 359 I recommend that Site GH020 be deleted from the Area Plan as either a specific housing allocation or as a reserve site for residential development. Site GH038 - Land between Balacollister Road, Rencell Hill and Axenfel Lane, Laxey 360 This is a parcel of about 0.8ha of undeveloped land. The draft Area Plan shows it to fall outside the Existing Settlement Boundary of Laxey, which runs along its northern and
Condition 1
- 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Condition 2
- 2. Prior to first use of the proposed development the proposed accesses shall be surfaced in bound and stable material across its entire width for a distance of at least 5.0m back from the highway boundary. Reason: to avoid loose material being deposited on the highway.
Condition 3
- 3. Prior to first use of the proposed development the developer shall provide the visibility splays as indicated on the plan 02E received on 03.02.20 and shall be maintained for the duration of the use of the development. Reason: to ensure highway safety.
Condition 4
- 4. Prior to first use of the proposed development the proposed access and parking layout including the works to the field access shall be provided and maintained for the duration of the use of the development. Reason: to ensure that the development operates as intended and does not compromise highway safety.
Condition 5
- 5. 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 use of the site for car parking and burial purposes. 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. Reason: The landscaping of the site is an integral part of the scheme and must be implemented as approved.