12 July 2017 · Committee
Tennis Courts Off, Belgravia Road, Onchan, Isle Of Man, IM3 1hf
Onchan District Commissioners applied to change the use of five existing tarmac tennis courts off Belgravia Road, Onchan, to a car park for private and/or public use, including a new vehicular access. The site consists of flat courts with mesh fencing, arranged across two levels. The application was refused on 12 July 2017. Decision-makers found that converting the courts to a car park would result in an unacceptable loss of land with recreational value, and the applicant had not demonstrated that the relevant exceptions to recreation land policies were met. Additional grounds for refusal included substantial harm to the amenity of neighbouring properties from traffic noise, failure to show that a safe access could be achieved, and harm to the character and visual amenity of the area caused by replacing open recreational space with a car park.
The application was refused by the Department of Environment, Food and Agriculture. The site comprises flat tarmac tennis courts and is designated for recreation use; converting it to a car park would result in an unacceptable loss of recreational space. The proposal was also found to cause substantial harm to neighbouring residents through traffic noise, fail to demonstrate a safe means of vehicular access, and harm the character and appearance of the area.
Refusal Reasons
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
General Policy 3
Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan
General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land (1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage. 6.4 Planning Agreements 6.4.1 Where development is acceptable and in accordance with the provisions of this Plan and the relevant Area Plan, but raises issues which cannot be addressed by the imposition of planning conditions, the Department will seek to conclude an Agreement with the developer under Section 13 of the 1999 Town and Country Planning Act.
Recreation Policy 2
Development which would adversely affect, or result in the loss of Open Space or a recreation facility
Recreation Policy 2: Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances: (a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and (b) where there would be an overall com munity gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area. 10.3.6 In the case of residential developments for 10 or more dwellings, the Department proposes to adopt the following general standards (which refer to the area required per 1000 head of population): Recreational Open Space Sports Pitches 1.8 ha Children's Play Space 0.6 ha Amenity Space 0.8 ha 10.3.7 These general standards will be applied having regard to the following circumstances: (i) the size, type, and particular needs of the resident population in question; (ii) the needs of visitors to the area; and (iii) the proximity and availability of existing Open Space, including the foreshore, public glens and parks, and school fields which may be available for public use outside of school hours. More detail is set out in Appendix 6. 10.3.8 The Department has therefore adopted the following policy such as to plan positively for the provision of well-designed recreational and amenity space.
Transport Policy 4
The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development
Transport Policy 4: The new and existing highways which serve any n ew development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan. 11.3.2 Notwithstanding policies within this plan which encourage travel by means other than private car it is anticipated that the number of vehicles using the Island's roads will continue to increase. This increase in demand is likely to lead to a greater need for road impro vements in order that travel can take place in a safe, effective, and environmentally acceptable manner. The Department of Transport will continue to assess the need for such improvements to public highways and undertake works where appropriate, with much of the improvement within existing roads carried out under the provisions of the Town and Country Planning (Permitted Development) Order2005. The need for improvements to the Island's highway network must be balanced against the environmental objectives of this plan.
Environment Policy 22
Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties
Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution. 7.17.2 In addition to the above, changes in the activities associated with the current permitted use of land or a building, which in themselves do not constitute development and therefore do not require planning permission, can have an adverse impact on adjacent properties by virtue of noise, light or general disturbance. For example the addition of security lig hting on a property may cause light pollution affecting adjacent properties and the wider area. The introduction of new activities into established parks and recreation areas can have an impact on neighbours. In such cases the Department would advocate t he person or organisation considering the change to give careful consideration to the potential impact of such activity in terms of location, siting and design.
Environment Policy 42
New development in existing settlements must be designed to take account of the particular character and identity
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.''
O/TRT/P/5
ONCHAN STADIUM, ONCHAN PARK AND THE BUILDINGS WITHIN ONCHAN PARK WILL CONTINUE TO BE DESIGNATED FOR RECREATION AND OPEN SPACE.
