2 November 2017 · Committee
Classy Canine, End House, The Promenade, Laxey, Isle Of Man, IM4 7dd
The application sought permission to demolish the existing vacant two-storey building — a former café with living accommodation — and replace it with four new dwellings at The Promenade, Laxey. The site is unoccupied, with most windows boarded up, and sits in front of a steep rear slope at the top of which properties on Old Laxey Hill are located. The Committee refused the application despite the case officer recommending approval. Two main concerns drove the refusal. The first was the absence of any current information about the condition of the rear slope, which had previously experienced a significant landslip. Without this, the Committee could not be satisfied that the development was achievable or that remediation of the slope could be carried out safely.
The Committee refused the application on two grounds. First, there was no up-to-date information about the condition of the steep slope to the rear of the site, which had previously been associated with a significant landslip, so it could not be shown that the development was safely deliverable or that slope remediation could be carried out without unacceptable environmental impact. Second, the Committee considered the density and height of the four proposed dwellings to be out of keeping with the surrounding area, where buildings are generally smaller and lower, and that occupants would have inadequate private amenity space and poor outlook.
Refusal Reasons
Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area
To ensure that the development has a positive impact on the character and appearance of the Conservation Area as required by Environment Policy 35
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.
New development including individual buildings, should be designed so as to make a positive contribution to the environment of the Island
Strategic Policy 5: New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies. 4.4 Economy 4.4.1 The Spatial Strategy identifies the Major Employment Areas around the Island. While the majority of business and employment is focused around the Douglas Metropolitan Area, there are other major employment areas at Castletown, the Airport/Freeport, Peel, Ramsey and Jurby. The Department considers the distribution of employment areas provides a spread of employment opportunities around the Island. While recognising the opportunities for small scale local employment within existing centres it is considered new employment should, in the main, be concentrated within existing settlements or those major employment areas referred to in the Island Spatial Strategy and illustrated on the Key Diagram. Existing Local and new Area Plans will provide detailed boundar ies for these areas. From time to time Government may judge it appropriate to offer financial incentives to encourage economic activity or investment in particular parts of the Island.
Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted
Due to the topographical and geographical issues raised earlier
Environment Policy 13: Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted. 7.13. Agriculture 7.13.1. Agriculture is an integral and vital part of the rural economy and rural society and to a great degree is responsible for the appearance and stewardship of the countryside. The Island's farms not only provide the community with a healthy proportion of meat and vegetable produce but also provide employment opportunities. It is important to sustain agric ultural industry by safeguarding its prime resources, by allowing appropriately designed and sited new buildings (where need is established) and by encouraging conservation -based land management regimes (including appropriate tree and shrub planting). Howe ver, this must not be at the expense of the appearance and character or openness of the landscape, or result in the loss of traditional hedgerows and field boundaries or the loss of limited areas of good quality agricultural land. A recent study on agricultural soils on the Isle of Man (1) revealed that the majority of the agricultural land on the Island (80.26%) fell within Class 3, based on the land use capability class system in England and Wales (classes range from Class 1 to 5, with Class 1 being the mo st versatile land). Class 3 land characteristics can be summarised as land with moderate limitations which restrict the choice of crops and/or demand careful management. Only 4.87% of agricultural land falls within Classes 1 and 2. According to the agricultural land use capability map (figure 4 of the study), all of the Class 1/2 land of which Class 1 is the dominant class can be found in the south of the Island to the east of Ballasalla. New Area Plans will include a general presumption against the rel ease of Class 1 and 2 agricultural land for development. The highest level of protection will apply to the highest graded quality of land with Classes 1 and 2 soils being afforded most protection from development and being taken out of agricultural use. Where there is a proposal to develop land which is categorised in the Agricultural Soils of the Isle of Man report as being mixed Classes 2 and 3, those wishing to develop the land should ascertain which parts of the site represent higher grade of soil wi th these parts being avoided for development purposes. 7.13.2 One of the prime considerations in the determination of development proposals in the countryside will continue to be the conservation and enhancement of the landscape. In terms of the di versification of farms and farm buildings, there may be some circumstances where this may be appropriate and it is acknowledged that small scale enterprises can promote healthy economic activity in rural areas whether this be for commercial, industrial, tourism, sport or recreation uses. There is, however, a general presumption against the introduction of new uses into the countryside (including industrial or office uses): (a) for which there is no local need; (b) which would materially effect the rural character of an area; (c) which would necessitate the creation of new buildings; and (d) which would be more appropriate in industrial zones, business parks or within urban centres. 7.13.3 In recent years there has been increasing demand for new development and buildings in the countryside, particularly for new modern agricultural buildings. Such buildings can have, and in a number of areas already have had an adverse effect on the character and appearance of the landscape, particularly when sited in exposed locations away from building groups and on elevated land. It is important that new development should be compatible with the character of the surrounding area, and the need for n ew buildings in the countryside will be balanced against the harm that development may have on the particular environment within which it is proposed. In terms of new agricultural dwellings, permission will not be granted unless real agricultural need is demonstrated and will in every case be assessed in terms of need, sensitive siting, design, and size, and be subject to an agricultural occupancy condition. (1) Agricultural Soils of the Isle of Man, Harris et al, (Centre for Manx Studies) 2001 7.13.4 It is recognised that there have been considerable changes in the economy in the last twenty years. The number of people in full time agricultural employment has reduced for a number of reasons including increased mechanisation, reductions in the number of farms; and increases in the size of farm holdings. In many cases smaller farms have been amalgamated into larger units to increase economic viability. This has often been accompanied by the sale of former farmhouses and cottages to those who do not earn their employment in agriculture. At the same time there has been an increase in part time involvement in farming either where the income from agriculture is supplemented by other employment or where the person's main employment is not in agriculture but they farm on a part time basis. In considering the applications for new houses in the coun tryside the Department will give careful consideration to agriculture justification based on full time employment in agriculture. See also Section 8.9 in Chapter 8 - Housing.
Development which would be at risk from ground instability or which would increase the risk from ground instability elsewhere will not be permitted unless appropriate precautions have been taken
Due to the topographical and geographical issues raised earlier
Environment Policy 28: Development which would be at risk from ground instability or which would increase the risk from ground instability elsewhere will not be permitted unless approp riate precautions have been taken. 7.23 Consultation Zones for Hazardous Installations 7.23.1 There are a number of installations on the Island that represent a constraint on development in the vicinity because of health and safety considerations. Such installations are essential Island facilities such as the petroleum and LPG storage at Douglas Harbour. The type of constraint posed to development varies by facility and therefore there will be a need for the Department to consult with the Health and Saf ety at Work Inspectorate regarding any development within such zones.
the same development as is proposed in this current application
the same development but without any information on slope stabilisation or tidal inundation
conversion of the existing cafe to two flats
creation of 3 parking spaces
pedestrian safety
demolition of a building at the rear and the creation of parking spaces
redevelopment of the site to provide six dwellings
overdevelopment