3 April 2012 · Committee
Unit 1, Springham Park, Spring Valley Industrial Estate, Douglas, Isle Of Man, IM2 2qu
This application sought permission to build an internal mezzanine floor at Unit 1 Spring Valley Industrial Estate, Douglas, Isle of Man, with the aim of increasing the available retail floor space within the existing unit. The case officer recommended the application for approval, but the Committee refused it on 3 April 2012. The decision notice has not been supplied, so the specific planning reasons behind the refusal are not available. The site has a planning history including three previous applications.
The application was refused by the Committee on 3 April 2012, despite the case officer recommending approval. The decision notice is not available in the supplied evidence, so the specific reasons for refusal cannot be stated.
Braddan Local Plan Policy 2.4
ites are areas of open land, in a rural area, on either side of the A25 at Oak Hill. They are both owned by Mr and Mrs C Atkinson. Site BH016, on the south side of the road, has an area of about 2.4ha. Its allocation was sought for development with a single dwelling. Site BH017, on the north side of the road, has an area of about 15ha. Its allocation was sought for the development of five dwellings. 444 My attention was drawn to Section 8.8 of the Strategic Plan, which concerns the possibility of adding to existing groups of houses in the countryside. I deal with that matter in paragraphs 237 to 240 above. 445 Strategic Policy 2 of the Strategic Plan states that new development will be located primarily within existing towns or villages, or, where appropriate, in sustainable extensions to those settlements. Development in the countryside will be permitted only in defined exceptional circumstances, none of which appear to apply in either of the present cases. In my view, the proposed allocation of Sites BH016 and BH017 would be contrary to this Strategic Plan policy, as they are neither in an existing settlement, nor in a sustainable extension to such a settlement. Development on either of these sites would detract from the rural character of this area. Prospective residents would have to travel some distance for a range of everyday activities, and would probably be heavily reliant on car transport, contrary to Strategic Policy 10 of the Strategic Plan. Accordingly, I recommend that no action be taken in response to these objections. Site BH021 - Ballaveare Farm, Old Castletown Road, Port Soderick 446 This undeveloped site of about 1.15ha is zoned as open space (agricultural) in the Braddan Local Plan 1991. It is not within, or close to, any of the settlements listed in Spatial Policies 1 to 4 of the Strategic Plan. However, it is within a loose knit scatter of sporadic residential development along Old Castletown Road. I note that in the past, planning approvals have been granted for the replacement of dwellings in this area with larger residential buildings. The objector, Mrs G Kingston, sought the allocation of Site BH021 for residential development, citing Section 8.8 of the Strategic Plan, which deals with 'Groups of Houses in the Countryside'. 447 The draft Area Plan identifies no 'Groups of Houses in the Countryside' in which additional housing is proposed, and I set out my general conclusions and recommendation with regard to this matter in paragraphs 237 to 240 above. Strategic Policy 2, Spatial Policy 5 and Housing Policy 4 of the Strategic Plan each state that new housing will be permitted in the countryside only in specified exceptional circumstances, none of which apply to Site BH021. I consider this site to be in the countryside. Accordingly, I do not support its allocation for residential development. I recommend that no action be taken in response to this objection. Site BH022 - Colooney's Road, Braddan 448 Site BH022 is an undeveloped area of about 1.7ha, lying to the west of the junction between Cooil Road and Colooney's Road. There is an existing dwelling, 'Glebe Cottage', immediately to the west of this crossroads. On its south-eastern side, the site has a frontage to Colooney's Road. On the opposite side of Colooney's Road, there are two or three residential properties, and then open fields. To the south-west and north-west the site abuts open countryside. To the north-east, it has a frontage to the A24, beyond which is open countryside. The site is outside the Existing Settlement Boundary of Douglas as shown in the draft Area Plan. 449 The promoters of this site, Ellis Brown, revised their original proposal and sought the allocation of plots for three dwellings, along part of the site's frontage to Colooney's Road, adjacent to 'Glebe Cottage'; and the extension of the settlement boundary to include these plots. They pointed out that residential development here would be close to public transport services; and would benefit from easy access, on foot of by bicycle, to the neighbouring employment areas in the Cooil Road and Nunnery corridors. It would also offer good access to Douglas, without the need to negotiate the congested Quarterbridge junction. It would be on the fringes of the existing Active Travel Zone, and would be within any future such zone, based on the Cooil Road employment area. Allocation of this site would provide an opportunity for the development of three individual, one-off houses, thereby adding to the choice of housing available. 450 These are cogent arguments. However, Site BH022 is in a rural area, and is not contiguous with the existing boundary of any settlement. Its development would consolidate a cluster of isolated buildings, rather than constitute the extension of an existing urban area. Strategic Policy 2 of the Strategic Plan states that new development will be located primarily within existing settlements, or in sustainable urban extensions to towns and villages; and that development in the countrys
Braddan Local Plan Policy 2.5
on increases. As part of a long -term sustainable approach to designing resilient urban space, Douglas and Laxey especially will have to plan carefully for increasing dramatic weather events. 6.2.5 While the urban environments of the East have their share of problems to be addressed, they also accommodate opportunities: a dvances in transport technology, especially electric vehicles, will have an impact on the streetscape as charging points become a requisite. This must be accommodated alongsid e the infrastructure required for the roll out of 5G communication technologies. The development of Douglas harbour into a deep berth has the potential to broaden our tourism offer significantly with impacts on the infrastructure of the Capital and the East more widely. Higher tourist numbers would help to support a distinctive local offer within core retail areas and contribute to dynamic and vibrant town centres. Opportunities are also recognised in the form of the identification of Comprehensive Treatment Areas (see Map 5 and 6 and Chapter 13). Area Plan Objectives i. To allocate land as both general allocations and Strategic Reserves to ensure sufficient development opportunities for the lifetime of the Plan to support a diverse and growing economy. ii. To ensure that in the East's urban spaces, people come first and adequate space is provided for active and healthy lifestyles, attractive design and high quality living. iii. To create an urban environment that is more responsive to changes in new and emerging working, living and retail patterns. iv. To identify and celebrate the historic urban environment so that it retains an active and productive role in contemporary life. Area Plan Desired Outcomes i. New development will be of a scale and density which makes efficient use of the land available. ii. There will be a general uplift in the quality of design for new build schemes, conversions and extensions in the East which will respond sensitively to and enhance their local context. iii. New buildings will be situated and designed so as to maximise their energy efficiency and reduce the need for energy consumption. iv. An intelligently-designed, well connected public realm will ensure usable, safe and attractive spaces that people want to spend time in and move through. v. There will be greater recognition of the contribution the East's historic value to the local and visitor economy and to the quality of life on the Island. vi. The long term future of valuable heritage assets will be assured by creative reuse. Ensuring the efficient use of land and buildings The density of development should be in keeping with the character of the local area. Higher densities will be more appropriate in the central areas of Douglas, Onchan, Laxey and Union Mills. Much of Douglas' celebrated seafront contains four and five storey hotels and apartment blocks which provide a distinctive visual image of the Capital and a highly practical form of space conscious living for a modern town. Lower densities may be considered more acceptable in instances where there are site specific constraints, a need to provide additional levels of infrastructure or where the current character or appearance of the area necessitates a development of a lower density. The subdivision of buildings for residential use can provide an appropriate source of housing and can lead to the more efficient use of existing buildings. Subject to other Strategic Policies, as well as the Proposals in this Plan, particularly in relation to amenity and the design of any alterations to allow the subdivision, such proposals will be supported. In recent years, the Douglas town centre in particular has lost some of its population. The town effectively empties after the working day. Historically, people lived above the wo rk spaces of shops, offices and workshops in Douglas creating a vibrancy that is perhaps lacking today. This Plan encourages the reintroduction of people living in the mostly vacant floors above the town's shops and offices12. More people living in the town will, it is hoped, create a more vibrant environment which will have a positive impact upon the day time and particularly, the night time economy within the town and will also enable us to respond to changes in new and emerging working patterns. Urban Environment Recommendation 1 For Government owned land in the East which is vacant or underused, it is recommended that Departments work together to clarify issues including direction, preferred uses, funding mechanisms, timing, the role of the private sector and connectivity to other uses and sites , in line with the Vision set out in this Plan. The achievement of cooperation and skills development will assist in the process of optimising the potential of all vacant and underused sites. Regard should be had to the recommendations contained within the Report of the Select Committee of Tynwald on the Development of Unoccupied Urban Sites 2017-2018 and sub
General Policy 1
General Policy 1: The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations. In this way, development will be directed towards sui table or preferred locations and away from unsuitable or undesirable locations. 6.1.3 Several planning issues and policies apply throughout the Strategic Plan. These are set out in this chapter rather than being repeated in each of the subsequent chapters. 6.2 Development within land-use zones
General Policy 2
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
Strategic Policy 9
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:
Business Policy 1
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Business Policy 5
is understood that existing buildings and uses may require some form of planning approval from time to time in order to carry out necessary maintenance and keep up building standards. Glen Roy (B5) Landscape Character Area Glen Roy (B5) Landscape Strategy Conserve and enhance: a) the character, quality and distinctiveness of the tranquil rural valley, with its scattered houses and farmsteads surrounded by deciduous woodland; b) its winding, narrow roads with small fords and bridges; c) relatively continuous tree cover in the valley bottom; d) strong field pattern on the lower valley sides. Key Views Opened and channelled views up to the open uplands that surround the area. Channelled views over wooded valley towards Laxey. East Baldwin (B6) Landscape Character Area East Baldwin (B6) Landscape Strategy Conserve and enhance: a) the character, quality and distinctiveness of the valley with its dense deciduous woodland in valley bottom; b) its scattered hill farms and houses in the remote, rural and tranquil valley. Key Views Reasonably enclosed views due to the relatively continuous roadside trees that grow on the grassed Manx hedges that line the road corridor and the dense woodland on the valley floor. Some glimpsed views through field gates up valley sides, and over wooded valley floor to the open upland areas that surround the valley. Expansive and panoramic views up to the surrounding upland areas and down the valley from the more open valley head. West Baldwin (B7) Landscape Character Area West Baldwin (B7) Landscape Strategy Conserve and enhance: a) the character, quality and distinctiveness of the valley with its dense deciduous woodland in lower valley bottom; b) the traditional character of West Baldwin Village; c) the rural and tranquil character of the valley; d) the open views across the West Baldwin Reservoir to the surrounding upland areas. Key Views Enclosed views from the valley bottom. Glimpsed views between vegetation up the valley to the upland areas. Open views across the West Baldwin Reservoir. Glimpsed view of St. Luke's Church. Landscape Proposal 3 (West Baldwin) To preserve the character of West Baldwin village any application for planning approval must demonstrate that consideration has been given to scale, location and design of development in order to protect and enhance the village and its setting and that the proposed development can mitigate adverse effects. Landscape Proposal 4 (West Baldwin) Any development that would be visible from the West Baldwin Reservoir must be so designed so as to integrate well into the landscape showing sensitive design towards its setting. Colours, materials and finishes must be of a non -reflective and complementary nature. Greeba Valley (C1) Landscape Character Area Greeba Valley (C1) Landscape Strategy Conserve and enhance: a) the character, quality and distinctiveness of the valley with its well-treed and enclosed character in the valley bottom; b) its distinct rectilinear field pattern and small scattered hill farms on the rising valley sides. Key Views Views from valley floor t ypically enclosed by the fragmented woodland and roadside trees on the valley floor. More open views from the valley sides along the valley and up to the peaks of the Northern Upland peaks and the upper slopes of Foxdale. Union Mills, Glen Vine & Crosby (C3) Landscape Character Area Union Mills, Glen Vine & Crosby (C3) Landscape Strategy Conserve and enhance: a) the character, quality and distinctiveness of the well -treed valley with some scattered and nucleated settlements. Key Views Open views up to the Northern Uplands and the upper slopes of Foxdale in places. Glimpsed views in the East towards the urban edge of Douglas Laxey (D2) Landscape Character Area Laxey (D2) Landscape Strategy Conserve and enhance: a) the character, quality and distinctiveness of this area, with its relatively sparse settlement other than the characteristic settlement of Laxey; b) its distinct small-scale field pattern; c) its valley bottom woodland along National Glens; d) the setting of the various historic and archaeo logical features within the area. Key Views Dramatic views to an Upland backdrop to the North and West. Channelled views East and West along the corridor of Laxey Glen. Views to the instantly recognisable Lady Isabella water wheel as a landmark within the area. Panoramic views eastwards across the sea from areas of higher land within the character area. Landscape Proposal 5 (Laxey) There is a presumption against development that would have an adverse impact on the setting of the landmark Lady Isabella water wheel. Proposals for planning approval which would result in some development being visible from the Lady Isabella water wheel must demonstrate that the design is informed by the setting and has taken into account the effect, if any, on such views and responded to them. Slope and lan
Business Policy 9
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Business Policy 10
Business Policy 10: Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5. 9.4.4 For the purposes of Business Policy 9 major retail development will be classed as any new or increase in existing retail development of more than 500 sq. metres of floor space measured externally. For the purposes of Business Policy 10 new nei ghbourhood shops within new residential developments will not normally comprise more than 100sq metres of floor space measured externally. 9.4.5 It is accepted that in some circumstances a mix of uses can be appropriate within town centre locations such as residential flats above retail units or office accommodation, particularly where this can help to ensure the use of the area at different times during the day, thus helping to ensure the security and vitality of these areas. 9.5 Tourism 9.5.1 "Tourism" has been defined by the Tourism Society as "the temporary short term movement of people to destinations outside the places where they normally live and work and their activities during their stay at these destinations", and it covers a very wide range of activities and types of development. This may include travel and visits for business, professional, and domestic purposes as well as for holidays and recreation. 9.5.2 Tourism has historically been an important element in the Island's economy, and after a period of steady decline visitor numbers to the Island are once again starting to increase. A reliance on the traditional high volume, low yield holidays of the nineteenth and early twentieth centuries is long gone, with a swing towards high yield, lower volume tourism such as business trips, short breaks and special interest attractions. 9.5.3 It is considered that the Island's primary assets to tourists and visitors alike are its unique historical landscape, culture and heritage, as well as a wide rang e of specialist events and attractions. Many activities and facilities providing for the Island's tourists require no permanent development: the TT Races, for example which attract by far the most significant number of tourists to the Island of any event h eld here, require little but the Grandstand on Glencrutchery Road and a small number of modest marshals' shelters around the Course. Tourism can, however require the erection of built structures - holiday accommodation being the most frequently requested f orm of new development required in association with the tourism industry. It is important that a balance be struck between the needs of tourism and the protection of these assets, and that tourism development should be sustainable in accordance with the ob jectives of this plan. There is no special reason why less demanding policies should be applied to tourism development than for other types of development in the countryside, and larger scale schemes may have to be the subject of an environmental impact assessment before planning permission is granted, as with any other form of large scale development. 9.5.4 The Department of Tourism and Leisure is responsible for the development of the tourism strategy for the Island. The current version of the Tourism Strateg y - "Fit for the Future" was approved by Tynwald in April 2004. One of the key issues identified in that strategy is the need to broaden the range of tourist accommodation: "Long term development is also being hindered by the lack of bed spaces in genera l and of the quality now being required to service our customer's base in particular. It is a necessary requirement that existing bed stock continues to upgrade and the Department will ensure appropriate support is put in place to enable existing business to develop. In addition the Department also needs to provide support for the building of new bed stock on an Island wide basis. There also needs to be recognition that the local property market can have a major impact on future tourism development. If there is a continued loss of traditional resort accommodation taking advantage of the high cost of residential property then there will be a heavy reliance on new build hotels if serviced stock levels are to be retained or increased" (1) 9.5.5 In recognition of this the Department proposes that new forms of contemporary tourism development will be welcomed, particularly those that satisfy customer demand for high quality accommodation in rural areas provided that they comply with the policies in the plan. Farmhouse accommodation or quality self catering units in barn conversions and making use of rural activities will be encouraged but must comply with General Policy 3 and Business Policy 9. Other forms of quality accommodation in rural areas wi ll be considered, including the provision of hostels and similar accommodation suitable for walkers but must comply with General Policy 3 and Business Policy 11. 9.5.6 Area Plans may address a number of tourism issues, including current and future visitor trends and how they might impact upon the existing and future environment (for example through demand for certain types of accommodation, traffic generation, and parking requirements), an identification of areas where changing tourism trends are likely to result in demand to re -use or redevelop tourism buildings, and how key tourism assets such as natural landscapes cultural heritage and historic town centres can be protected. The role of an Area Plan should not be to provide a strategy for tourism but rat her to facilitate possible development by way of appropriate policies and guidance. 9.5.7 Although previous Local Plans have applied a "Tourism" designation to areas with a large number of hotels, such a designation is becoming less appropriate in many towns and villages as the reduced demand for larger Victorian hotels results in conversion to private residential use. It is now more likely that a Tourism designation be given to specific tourist attractions and existing large individual hotel sites, with new t ourist accommodation incorporated into areas of mixed or residential use. Wider areas which still include a large tourism element, such as Douglas Promenade, may be designated for "Residential/ Tourism" use (other potential uses may be identified and incl uded in a mixed designation if appropriate). 9.5.8 The use of existing private residential properties as tourist accommodation may be acceptable if it can be demonstrated that it will not compromise the amenities of any neighbouring residents. In Chapte r 7, there are described the circumstances in which redundant buildings in the countryside can be converted into dwellings. These policies apply equally to tourist use, except that it may very often be possible to convert to tourist use buildings which ar e too small to form a satisfactory permanent dwelling. The following policies and proposal are thus appropriate: