9 January 2017 · Committee
Kilravock, Shore Road, Bay Ny Carrickey, Port St. Mary, Isle Of Man, IM9 5ly
This application sought permission to demolish the existing single-storey dwelling at Kilravock, Shore Road, Bay Ny Carrickey, Port St Mary, and replace it with a new dwelling. The existing property had a pitched roof, painted render finish, and slate roof, with a flat-roofed garage to the rear. During the course of the application, the design was amended to include a pitched roof over a half-dormer window and to rationalise some of the fenestration and facing materials. An additional drawing was also submitted to demonstrate what visibility splays could be provided at the site. The Department of Environment, Food and Agriculture approved the application by committee on 9 January 2017, with three conditions attached. The officer had also recommended approval.
The Department of Environment, Food and Agriculture approved the application on 9 January 2017. The officer also recommended approval, and the decision was made by committee. Three conditions were attached to the permission.
Isle of Man Strategic Plan 2007
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
Area Plan for the South
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.
Area Plan for the South
Area Plan for the East sets out locally-applicable means for implementing the policies set out in the Isle of Man Strategic Plan 2016. In that Strategic Plan, we find the Environment Policies. Environment Policy 1 states: The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over- riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative. Maintaining the purpose of this Area Plan as a means of implementation, there is some further direction to be found in the Strategic Plan, at paragraph 7.2.1: 'Whilst landscape and coastal change is inevitable, and in some cases desirable, the emphasis must be on the appropriateness of this change and the balance or equity between the needs of conservation and those of development. The primary goal must therefore be to respect, maintain and enhance the natural and cultural environment including nature conservation and landscape and coastal quality, and ensure its protection from inappropriate development.' Given the comprehensive nature of the Isle of Man Strategic Plan's Environmental Policies, only a small number of additional Proposals and Recommendations are necessary. In order to produce an implementable Area Plan for the East it is necessary to recognise those statutory desig nations and strategies which whilst having an Island-wide scope are highly relevant to the protection of environments within the Plan Area. An example is the UNESCO Biosphere status afforded to the Isle of Man. Island-level strategies identify crossborder issues and take account of the cumulative impacts of human engagement with nature. Area Plan Objectives i. To protect, conserve and enhance the natural and cultural environment of the plan area and promote biodiversity. ii. To improve the function, usability and provision of our green infrastructure and public spaces by providing a network of green spaces and features which are connected and where possible, accessible to the public. iii. To manage and improve flood risk and improve drainage conditions. iv. To support the working countryside and its custodians in maintaini ng a sustainable rural economy. Area Plan Desired Outcomes i. Where approved, d evelopment will be ecologically sustainable and designed to protect and where possible enhance biodiversity as well as mitigate and adapt to the effects of climate change. ii. The Green Infrastructure network will be established and fostered, connecting people with nature in a way that achieves the best shared outcomes for the urban and natural environment. iii. Statutory and non-statutory designations will continue to provide protection to the most important and most vulnerable cultural assets, habitats and environments in the plan area. iv. Beyond the towns and villages, the area as a whole will retain its landscape setting including its important visual interaction with the central uplands, central valley, coast and marine environment. Natural Environment Proposal 1 The Department supports the protection, creation and improvement of green infrastructure in the East, particularly in those locations which have the potential to be part of a Green Infrastructure Network. Applications for development must take into account any approved Government Green Infrastructure Strategies, but in any case, must identify how development proposals intend to contribute to the long term provision of a network of connected green spaces. UNESCO Biosphere In 2017, the Isle of Man became the first ever entire nation to achieve UNESCO Biosphere status. Project partners pledge to take steps to protect natural resources, develop the economy in a sustainable way and promote outstanding living landscapes. UNESCO Biosphere Reserves are established to connect people and the economy with nature, wildlife, culture, heritage and communities. Biosphere Reserves have three functions: Conservation: to contribute to the conservation of landscapes, ecosystems, species and genetic variation. Development: to foster economic and human development which is socio -culturally and ecologically sustainable. Logistic support: to support demonstration projects, environmental education and training, research and monitoring related to local, regional, national and global issues of conservation and sustainable development. The Isle of Man Biosphere is zoned into six areas . Examples of all of these can be found in the Eastern area: Terrestrial Core areas, Marine Core areas, Terrestrial Buffer zone, Marine Buffer zone, Terrestrial Transition areas and Marine Transition areas. There is some overlap with The Isle of Man's First Biodiversity Strategy 2015-20
Isle of Man Strategic Plan 2007
Housing Policy 14: Where a replacement dwelling is permitted, it must not be substantially different to the existing in terms of siting and size, unless changes of siting or size would result in an overall environmental improvement; the new buildi ng should therefore generally be sited on the "footprint" of the existing, and should have a floor area (1), which is not more than 50% greater than that of the original building (floor areas should be measured externally and should not include attic space or outbuildings). Generally, the design of the new building should be in accordance with Policies 27 of the present Planning Circular 3/91, (which will be revised and issued as a Planning Policy Statement). Exceptionally, permission may be granted for bui ldings of innovative, modern design where this is of high quality and would not result in adverse visual impact; designs should incorporate the re -use of such stone and slate as are still in place on the site, and in general, new fabric should be finished to match the materials of the original building. Consideration may be given to proposals which result in a larger dwelling where this involves the replacement of an existing dwelling of poor form with one of more traditional character, or where, by its design or siting, there would be less visual impact. 8.11.3 It is unlikely that permission will be given for permanent replacement of dwellings which were never intended to have a permanent residential use, such as chalets and other structures built of materials for only temporary or seasonal use. 8.12 Extensions to Residential Property 8.12.1 Extensions to Dwellings in built up areas or sites designated for residential use As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a gener al presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general. (3) Floor Space is defined in Appendix 1 (1) Floor Area is defined in Appendix 1 8.12.2 Extensions to properties in the countryside As there is a general p olicy against development in the Island's countryside, it is important that where development exists, either in an historic or recently approved form, it should not, when altered or extended detract from the amenities of the countryside. Care therefore, must be taken to control the size and form of extensions to property in the countryside. In the case of traditional properties, the proportion and form of the building is sensitively balanced and extensions of inappropriate size or proportions will not be ac ceptable where these destroy the existing character of the property. In the case of non -traditional properties, where these are of poor or unsympathetic appearance, extensions which would increase the impact of the property will generally not be acceptable . It may be preferable to consider the redevelopment of non -traditional dwellings or properties of poor form with buildings of a more traditional style and in these cases, the Department may consider an increase in size of the replacement property over and above the size of the building to be replaced, where improvements to the appearance of the property would justify this.
Isle of Man Strategic Plan 2007
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.
Landscape Strategy
Bay ny Carrickey (E9) The overall strategy is to conserve the character, quality and distinctiveness of the tranquil and coastal area with its rich ecological habitats, open and expansive panoramic views, sites of archaeological importance and to conserve the coastal setting of Port St. Mary. Key Views Extensive, panoramic views from Raad ny Foillan across the sweeping and ever-changing seascape to the south. Open views across the bay, with distant sense of enclosure provided by headlands to the east and west. Open views across adjacent Undulating Lowland Plain to the north. Castletown Bay (E10) The overall strategy is to conserve the character, quality and distinctiveness of the coastal area with its rich ecological habitats, open and expansive panoramic views, and to conserve the coastal setting of Castletown. Key Views Extensive, panoramic open views from Raad ny Foillan , views southwards across the ever-changing seascape. Grey stone wall of the harbour, marking the entrance to Castletown, is a landmark within views westwards. Views across the bay contained by protruding headlands to the east and west. Langness (E11) The overall strategy is to conserve the character, quality and distinctiveness of the coastal area with its rich ecological habitats, open and expansive panoramic views, and to conserve the tranquil and rugged character of the area with its numerous sites of archaeological importance , such a s the former mines and former smelt mines. Key Views Panoramic, open views across surrounding, ever -changing seascape, from several points along the peninsula, in particular from Dreswick Point (at the southernmost tip). Dramatic views northwards from S t. Michael's Island, along the north eastern shore. Open views across Castletown Bay to the west. Castletown and Ballasalla (F7) The overall strategy is to conserve the character, quality and distinctiveness of this open area that contributes to the setting of Castletown and Ballasalla, to enhance the river field pattern and to conserve the aquatic habitat corridor of the Silverburn. Key Views Open and panoramic views out to sea and over Langness' rocky shoreline beyond the Airport. Key views to the prominent landmarks of Castle Rushen and King William's College. Poyll Vaaish and Scarlett Peninsula (F8) The overall strategy is to conserve the strong sense of openness throughout the area, with strong field pattern as well as the setting of th e numerous archaeological sites and wartime structures within the area. Key Views Open and panoramic views out to sea, up to the Southern Upland peaks over open fields and towards the built -up areas of Castletown and Ballasalla are obtained from various slightly elevated positions within the area, where the cumulative effects of hedgerow trees does not intervene. Foreshortened views in some flatter areas where the accumulated effects of hedgerow trees create a wooded horizon. Fleshwick (H2) The overall strategy is to conserve the character, quality and distinctiveness of this open, unsettled and rugged area with expansive and dramatic views and to conserve the wild setting of the numerous archaeological features. Key Views Distant views out towards Ireland over the sea from the Raad ny Foillan coastal path. Panoramic expansive views out to sea and along the coastline from Fleshwick Bay. Dramatic views over the coastal cliffs and along the coastline from the coastal path. Bradda Head (H3) The overall strategy is to conserve the strong sense of openness throughout this rugged area with its expansive and dramatic views and to conserve the setting of the numerous archaeological features. Key Views Extensive and panoramic views out towards I reland over the sea from hill tops and inland over Port Erin and Port St. Mary. Sublime and expansive views along the south to the Calf of Man over the coastal cliffs of the Meayll Peninsula and north up the dramatic coastline of Fleshwick. Cregneash and Meayll Peninsula (H4) The overall strategy is to conserve the strong sense of openness of this rugged area, its expansive and dramatic views and to conserve the setting of the numerous archaeological features and Cregneash village and the surrounding traditional field pattern as well as the wartime structures on Meayll Hill. Key Views Dramatic views of rising uplands to the north and across Port St. Mary Bay to the northeast. Dramatic views across the Sound to the Calf of Man. Panoramic, open views across the Peninsula. Extensive, panoramic, open views across ever -changing sea and sky engulfing the character area on three sides. Calf of Man (J1) The overall strategy is to conserve the strong sense of tranquillity and remoteness throughou t this area with minimal human intervention or impact , and to conserve the pat
Condition 1
1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
2. Prior to the commencement of the dwelling hereby approved, the access as shown on Drawing no.1362.2 Rev 1 (date-stamped as having been received 11th November 2016) shall be constructed and retained as such, and the visibility splay shall remain unobstructed at a height of 1.05m thereafter.
Condition 3
3. Prior to the occupation of the dwelling hereby approved, the car parking and manoeuvring areas as shown on Drawing no.1362.2 Rev 1 (date-stamped as having been received 11th November 2016) shall be provided and remain free from obstruction thereafter.