12 January 2016 · Delegated
Land And Stables Adjacent To Stovell Tromode Road Douglas Isle Of Man
This reserved matters application sought approval for the detailed design, siting, external appearance, internal layout, and means of access for a new detached two-storey dwelling on land adjacent to an existing property called Stovell on Tromode Road, Douglas, Isle of Man. The application followed an earlier outline planning approval (reference 14/00053/A). The site is a roughly heart-shaped parcel of land to the southwest of Stovell, currently containing a wooden stable. It is enclosed by post-and-rail fencing with significant mature trees to the south and east, and borders the River Glass on its western side. The application was permitted on 12 January 2016 under delegated authority, in line with the officer's recommendation to approve.
The reserved matters application was permitted on 12 January 2016 under delegated authority. It addressed the outstanding details of siting, design, external appearance, internal layout, and means of access for a detached two-storey dwelling, following an earlier outline approval.
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
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 10
Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission.
irements of the relevant gas supply agency. Flood Risk 63 There was widespread concern about the adequacy of drainage and the risk of flooding, particularly in parts of Braddan, Onchan and Laxey. Environment Policy 10 of the Strategic Plan indicates that where development is proposed on any site where there is a potential risk of flooding, the prospective developer will be required to submit a flood risk assessment, together with details of proposed mitigation measures. This approach is reinforced in Utilities Proposal 6 of the draft Area Plan, which (among other things) requires the incorporation of Sustainable Drainage Systems (SuDS) into new developments, to attenuate the rate of surface water run-off. I consider these policies to be reasonable. Clearly, without adequate mitigation measures, new building should normally be resisted on land which is at serious risk of flooding, or where the proposed development would increase the flood risk elsewhere. 64 In my view, the format of Utilities Proposal 6 could be improved. First, as a Proposal of the Area Plan, I consider that it should be in a bold typeface, to differentiate it from the supporting text. (The same applies to a number of other policies e.g. Transport Policy 2, and Utilities Policies 2 and 5). Second, there appears to be an error of syntax at the start of the second sentence of Utilities Proposal 6, which should perhaps read 'Strategies to achieve this will include …'. Third, the third bullet point of this Proposal introduces SuDS. Subsequent bullet points describe features of SuDS, and are therefore subordinate to the third bullet point. For clarity, I consider that they should be indented. I recommend that the draft Area Plan be modified accordingly. Sewage Treatment 65 There was also some public concern about the adequacy of the sewerage system, both in terms of its capacity to accommodate the effluent from proposed residential development areas, and in terms of the current practice of discharging untreated sewage into the sea. Infrastructure Policy 1 of the Strategic Plan indicates that developments entailing the erection of multiple dwellings should take place only on sites that will ultimately be connected to the IRIS system, which takes sewage to a treatment works at Meary Veg. (IRIS is an acronym for Integration and Recycling of the Island's Sewage). However, as long ago as 2006/7, a review was undertaken to decide whether to continue with the IRIS strategy. This concluded that it would be beneficial to adopt a regional sewage treatment strategy (RSTS) for those settlements that were not already connected to the IRIS system, including Laxey, Baldrine and settlements in the Central Valley. To that extent, Infrastructure Policy 1 of the Strategic Plan is now out of date. 66 I understand that a planning application will soon be submitted for the development of a local sewage treatment facility for Laxey. Feasibility studies for the provision of a similar facility to serve Baldrine are ongoing. A replacement sewage works at Ballagarey, serving part of the Central Valley became operational in 2018. However, capacity limitations mean that planned development in Crosby is likely to have to rely on standalone sewage treatment for the time being, until the existing treatment works is replaced as anticipated in 2022. The Programme for Government (2016-2021) indicates an intention to complete the regional sewage treatment infrastructure within the lifetime of the present administration. 67 It seems to me that these considerations should be taken into account in the allocation and phasing of land for development. I will return to this matter when considering the draft Area Plan's proposals for housing. Electricity Renewable Energy 68 Peel Energy considered that the Area Plan should contain a detailed and specific chapter on renewable energy, providing measurable criteria against which applications for the development of renewable power generating facilities would be assessed. They cited the States of Jersey Island Plan 2011, which includes such material. And they pointed out that a Climate Change Emergency has recently been declared on the Isle of Man; that a Climate Change Bill is soon to be presented to Tynwald; and that there has been strong public support for the Government's Climate Change Mitigation Strategy. They argued that, in failing to provide detailed guidance on renewable power generation, the Area Plan was inconsistent with the Strategic Plan; and that since the Area Plan post-dated the Strategic Plan, its largely negative provisions would prevail. 69 Energy Policy 4 of the Strategic Plan applies to development proposals for renewable energy generated by wind, water, tidal or solar power. It indicates that any such proposals will be judged against that Plan's environmental objectives. Proposals for wind, water or tidal power would need to be supported by an Environmental Impact Assessment. The supporting text indicates that renewable energy schemes will be given similar scrutiny as is gi
Environment Policy 42
New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality.
pment. 8.13.2 The extent of formal open space with in settlement boundaries in the South is identified on the Proposals Map (Map 3) and Inset Maps (Maps 4-7). The Isle of Man Strategic Plan (Environment Policy 42) seeks to protect these open spaces and indicates that: 8.13.3 "Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a partic ular area will not be permitted.''