25 August 2020 · Committee
Bus Shelter, The Parade, Castletown, Isle Of Man, IM9 1lg
This application sought alterations to an existing bus stop on The Parade in Castletown to improve accessibility for people with mobility needs. The site sits within a Conservation Area, with an existing pavioured footway, bollards, and a bus shelter fronting properties at 5, 6 and 6A, The Parade. The Department of Environment, Food and Agriculture's committee refused the application on 25 August 2020. Three distinct concerns were identified: harm to the Conservation Area through the shelter's design and placement; likely disturbance to residents of neighbouring dwellings caused by people gathering near their homes at unsociable hours; and a highway safety risk arising from the proposed north-eastern bus stop's proximity to the long-stay car park access. The officer had also recommended refusal, and the committee's decision aligned with that recommendation.
The committee refused the application on three grounds: the proposed shelter's design and location would harm the character of the Conservation Area; relocating the north-eastern shelter would disturb residents of nearby dwellings through the prolonged presence of people early in the morning and late in the evening; and the position of the north-eastern bus stop would create safety risks for motorists and pedestrians using the adjacent long-stay car park. The official portal decision is recorded as Refused on 2020-08-25.
Refusal Reasons
Environment Policy 35
The development would not preserve or enhance the character or appearance of the Conservation Area
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.
General Policy 2c
The development would not preserve or enhance the character or appearance of the Conservation Area
General Policy 2g
The proposed relocation of the north eastern shelter would result in the likelihood of adverse impact on the living conditions
CA/2
The development would not preserve or enhance the character or appearance of the Conservation Area
POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.
CA/4
The development would not preserve or enhance the character or appearance of the Conservation Area
POLICY CA/4 PROPOSALS FOR PRESERVATION AND ENHANCEMENT It is important that designation is not seen as an end in itself, but that there be an opportunity for the designation to be considered in a wider context, such as that of an area plan. It is this overview which will basically determine the long term validity and prosperity of the conservation area. For example, proposals and policies contained within an area plan may take the opportunity to improve matters such as traffic congestion in and around a conservation area by traffic management and improvement, the provision of off-street parking and the introduction of some pedestrian or bicycle priority ways. The plan will also prescribe the use of land and buildings within the conservation area and beyond and may indicate opportunities for enhancement by restoration and re-use, or if appropriate, for replacement of elements within the conservation area which detract from the special character of the area.
TM/09
The development would not preserve or enhance the character or appearance of the Conservation Area
Transport Policy 6
The position of the proposed north eastern bus stop would adversely affect highway safety
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
