proposes the details of the remainder of the built development on this site which was approved under 15/00775/A
17 November 2017 · Committee
Field 320653, Main Road, Crosby, Isle Of Man, IM4 2ee
This reserved matters application sought approval for the construction of 21 residential units and one retail unit with parking on a field at Main Road, Crosby, Isle of Man. The application related to an earlier outline planning permission (reference 15/00775/A) and had a history of related applications on the site. The site sits at the south-western corner of a crossroads in the centre of Crosby village, rising from a stream next to a children's play area, with mature trees lining the A1 road along its frontage. During the process, the scheme was amended to include a drainage system within the application boundary after the Department indicated it could not determine the application without those details. The case officer recommended approval, with the key planning questions being whether the retail unit was acceptable and whether the design, appearance, and layout of the dwellings were suitable. However, the application was refused by the Committee on 17 November 2017.
The application was refused by the Committee on 17 November 2017. The officer had recommended approval, but the Committee reached a different conclusion. The specific reasons for refusal are not available in the supplied evidence.
General Policy 2
the general standards of development as set out in General Policy 2 of the Strategic Plan are considered applicable here
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
Spatial Policy 4
Crosby is designated in the Strategic Plan as simply a village where development should maintain the existing settlement character
Business Policy 9
Guidance on retail developments is provided as follows
Business Policy 9: The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment(1). (1) Retail Impact Assessment is defined in Appendix1.
Business Policy 10
Retail development will be permitted only in established town and village centres
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:
Strategic Policy 5
New development including individual buildings, should be designed so as to make a positive contribution to the environment
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.
Environment Policy 7
To accord with Environment Policy 7 of the Strategic Plan and the Wildlife Act 1990
• Mount Murray Golf Club • Onchan Park • West Baldwin Reservoir Car Park • Clypse Kerrowdhoo Reservoir Car Park • Conrhenny Car Park • Ballanette Nature Reserve • Axnfell Plantation Natural Environment Proposal 7 Proposals for development in the vicinity of Dark Sky Discovery Sites are to have minimal outdoor lighting and be encouraged to have a design response which is non-intrusive into the darkness of night. Baffling and directionality of lighting must be sensitive to contain any necessary lighting within a subject site only. Watercourses and Wetlands The collection of hills in the East has produced a network of mountain streams which gradually join and widen to become the rivers flowing out into Douglas Bay, Port Groudle and Laxey Bay. Several of these rivers fro m the natural boundaries between the Eastern Parishes. A non-exhaustive list of streams and rivers in the East includes: Crammag River Injebreck River Creg-y-Cowin River West Baldwin River Awin Ny Darragh Baldwin River River Glass Greeba River River Dhoo Santon Burn Crogga River Middle River Laxey River Glenroy River Groudle River Ballacottier River River Douglas It is likely that these streams and rivers, similar to most of the Island's watercourses, support populations of European Eels - classified by the International Union for the Conservation of Nature (IUCN) as Critically Endangered - and Brown Trout. Most rivers with good fish passage from the sea, including the Dhoo, Glass, Laxey and Santon Burn, contain populations of salmon and sea trout. The Dhoo and Glass are known also to support populations of brook (and possibly river) lamprey. Many of the tributary streams to the major rivers, although small, provide valuable additional spawning and nursery areas for salmonids and lampreys. There are four reservoirs in the East: Eairy Dam, Injebreck, Clypse and Kerrowdhoo. The proposals in this plan for additional housing in the East are likely to have an impact on the water levels in these reservoirs and consequently on the compensation flows within the downstream rivers. DEFA reports that i n recent years there has been evidence of low summer flow below Injebreck reservoir in the River Glass. It is suggested that any reduction in flow in the River Glass could have consequences for the ecology of the river, including fish populations. DEFA has highlighted evidence that artificial light from new housing close to rivers may have a detrimental impact on migratory salmonids. The reservoirs in the East are home to wild brown trout and Injebreck, Clypse and Kerrowdhoo are stocked with rainbow trout for visiting anglers. This Plan recognises that the economic value of the recreational fishing industry depends both on healthy fish stocks and high recreation and visual amenity. The ecological services provided by the Island's watercourses and wetlands are considerable, including carbon storage and natural flood mitigation. An undeveloped corridor of land between the river bank (measured from the edge of th e river channel) and any riverside development is required to allow for natural changes in the position of the river channel, as well as in water levels . The natural vegetation and physical structure of a river bank also provides a wildlife corridor for non-aquatic species. Natural Environment Proposal 8 Proposals for new development in the Plan Area which intend a connection to the Injebreck Reservoir for its water supply must demonstrate that as a consequence of this new development, water levels will n ot be so affected as to have a detrimental effect on normal flows. Natural Environment Recommendation 2 It is recommended that ahead of making any applications for development close to the reservoirs, watercourses and wetlands in the East, applicants must discuss such proposals with DEFA to establish the need for specific design elements to be taken into account . This may include : the impact of artificial light from the development on migratory fish species, buffer distances from the river bank and visual amenity. Marine Protected Areas and Marine Conservation Zones Increased efforts are being made to protect the health and biodiversity of the marine environment as well as the economic and social benefits which effective management of marine resources brings. Marine protected areas are areas of the sea that are protected from fishing and other impacts, with the aim of restoring habitats and supporting sustainable fisheries. The Isle of Man currently has ten Marine Protected Areas around our coast, encompassing 10.4% of Manx waters. One of these is the Sea Fisheries Restricted Area at Laxey Bay which was established in 2009 with the intention of enh ancing the scallop stock and later seeded with juvenile scallops. In 2008 , Douglas Bay closed to mobile fishing gear. Its current status is as a Marine Conservation Zone, though there is an intention to designate the Bay as a Marine Nature Reserve. Marine Nature Reserves are designated to conserve their flora,
established the principle of the development of the site for 28 dwellings together with retail facilities, drainage, access, landscaping and a footpath link to the Heritage Trail
proposes the details of the remainder of the built development on this site which was approved under 15/00775/A
provision of temporary drainage infrastructure to serve approved residential development to the north of the Crosby Hotel
proposes development on the eastern side of Old Church Road
submitted to try to address the issue of the drainage works being installed outwith the red line area