20 February 2017 · Delegated
Field 333144, East Foxdale Road, Foxdale, Isle Of Man, IM4 3hl
This application sought permission for landscaping works at a field on East Foxdale Road, Foxdale, to create a memorial garden. The works included walls, paths, a seating area, and off-road parking. The application was approved by the Department of Environment, Food and Agriculture on 20 February 2017, with two conditions attached. The case officer, Mr Edmond Riley, recommended approval. The site has a planning history, with two previous applications recorded. The decision was made under delegated powers.
The Department of Environment, Food and Agriculture approved the application on 20 February 2017. The officer also recommended approval. The decision was made under delegated powers and two conditions were attached.
General Policy 2
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 24
Pollution-sensitive development
Environment Policy 24: Pollution-sensitive development will only be allowed to be located close to sources of pollution where appropriate measures can be taken to safeguard amenity. 7.20 Contaminated Land 7.20.1 Contaminated land on the Island is typically as a result of the legacy of past industrial and chemical land uses. Perhaps the most notable sites are land areas associated with former mining practices and it is not uncommon for such sites to be close to residential areas or watercourses which can be detrimentally affected by such contamination. Foxdale is a prime example of a former mining village, which largely specialised in lead mining during the 19 th Century under the control of the Isle of Man Mining Company, and physical evidence can still be found of important archaeological remains. A number of studies have revealed varying degrees of contamination across Higher Foxdale, much of which still requires reclamation from heavy metal contamination. It is recognised, however, that some of the former mining areas host a variety of rare plants which may have ecological value. (1) Environmental Impact Assessment: A Guide to Procedures. Department of the Environment Transport and the Regions (2000). 7.20.2 The practice of reclaiming contaminated land and bringing it back into beneficial use is supported, whether it be suitable in the end for open space or residential development or as deemed appropriate in the Area Plans. It is important that however former contaminated land is utilised, both health and property are safeguarded. Detailed surveys may be required to identify the extent of contamination and how contamination problems can be overcome. On sites where the Depar tment has no control, the developer will have responsibility to ensure that any development site is free of contamination which may constitute a hazard to occupiers or potential users of the development or land. Furthermore, precautions will be essential to ensure that contaminants cannot escape from the site which may cause airborne or waterborne pollution or pollution of nearby land.
Environment Policy 26
loped land is an important element in achieving regeneration and sustainable development objectives and to improve both the built and living environment. This is supported by paragraph 7.20.2 and Environment Policy 26 of the Strategic Plan. Development proposals on contaminated and/or unstable land, or where previous land use may indicate some level of contamination, must include an assessment of the extent of contamination and/or instability and any possible risks. Transport and Utilities Introduction This Chapter focuses on Transport (roads, public transport, cycleways, footpaths) and Utilities (energy, telecommunications, water supply, sewerage drainage and electricity). This Plan addresses infrastructure issues within distinct C hapters but it is impossible to plan for different kinds of infrastructure in isolation. The work undertaken to support this plan has included comprehensive site assessments looking at all aspects of development and needs in terms of supporting infrastructure, as well as scenario testing work which looked at broad development patterns and the implications on infrastructure as a whole. Issues relating to roads and utilities are often referred to as grey infrastructure and were discussed in the scenario testing work in these terms. Ahead of sections on ' area plan objectives' and 'area plan desired outcomes' in this Chapter, there is a brief discussion of two important long term infrastructure strategies which set the broad context for the preparation of the Area Plan for the East. This Plan incorporates the objectives of both the National Infrastructure Strategy and the Harbour Strategy and is in support of their desired aims. Strategic Plan Implementation - Transport and Utilities The Isle of Man Strategic Plan contains specific strategic policy in respect of transport and other grey infrastructure. The Chapters on Strategic Objectives and Strategic Policies state that development needs to: • optimise the use of previously developed land; • use sites efficiently; • utilise existing and planned infrastructure, facilities and services; • minimise journeys by private car, make best use of public transport, not adversely affect highway safety for all users, encourage pedestrian movement; • be located and designed to promote a more integrated transport network; • encourage the efficient use of energy; • safeguard the efficient operation of the Island's ports for fishing, commercial and leisure use without compromising environmental objectives; and be well served by modern telecommunications without compromising the protection of the landscape. The overall objective for these may be summed up as being to protect pub lic-benefiting utilities and other assets and enable the orderly provision and co -ordination of these and other facilities for the benefit of the community. Since the Strategic Plan 2016 was adopted, some changes have occurred relevant to the services and utilities - changes to titles of service authorities and suppliers and changes to strategies and service types and terms used to describe those types. None of these changes alter the intention of the policies in the Strategic Plan and are thus taken into account in this Area Plan as natural evolutions of business operations. All-Island Strategies National Infrastructure Strategy15 While the Area Plan for the East is a short to medium term document, the National Infrastructure Strategy (NIS) aims to ensure there is an integrated, reliable, secure and resilient provision of Island-wide infrastructure that meets the social and economic needs of the Island up to 2050. The document presents an audit of the Island's current infrastructure, sets out the available capacities for each key asset and identifies any known issues with supply. It then examines a number of factors which could impact on the future provision of the Island's infrastructure: the Island's population and age structure, the spatial distr ibution of development, the economic situation of the Island, climate change, technological change and the need to meet national and international obligations and regulations. Finally, consideration is given to the obsolescence of each of the Island's key assets. Key assets in the East identified in the document are: • Douglas and Laxey harbours • Combined Cycle Gas Turbine (CCGT) facility at Pulrose and the Energy-from-Waste Facility at Richmond Hill • Gas pipeline for Glen Mooar to Pulrose Power Station • LPG stores in Douglas • The Douglas Water Treatment Works • West Baldwin, Clypse and Kerrowdhoo Reservoirs • Meary Veg sludge treatment facility The NIS Strategy identifies the following issues faced by specific assets: • Flood risk to the National Sports Centre, D ouglas Fire Station, Banks Circus bus depot, Douglas Railway Station, Pulrose Power Station and Pulrose Bridge after major flooding occurred in 2015; and • traffic congestion at Quarterbridge and Governor's Hill roundabouts. The Strategy concludes that the Island's key assets are currently ma
Environment Policy 27
Environment Policy 27: The Department will seek to enhance the natural environment, including sites contaminated by former mine workings, along with other Government Departments, local communities, the private sector and all appropriate agencies in order to ensure the appropriate reclamation, water management, planting of appropriate tree species, the management of special habitats including aquatic habitats and the removal of eyesores. 7.22 Unstable Land 7.22.1 The policy set out below aims to safeguard life and property from ground instability such as landslips and subsidence. Therefore, unless mitigating measures can be taken, development will not be permitted where it would be at risk from unstable land or increase the risk of ground instability elsewhere. 7.22.2 It may be necessary for a developer to undertake a specialist investigation and assessment to identify any remedial measures required to deal with ground instability. It may also be appropriate to carry out monitoring after the development has taken place. Ultimat ely it is the responsibility of the developer to ensure that land is safe and suitable for development. Whilst the Department will try to ensure that a development will not be put at unacceptable risk, the subsequent liability for safe development and sec ure occupancy of a site rests with the developer and / or landowner.
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
Prior to the use of the land as a Memorial Garden coming into use, the area labelled "TARMAC PARKING AREA" on approved Drawing MG-03 Rev B, date-stamped as having been received 14th December 2016, shall be provided and kept free of obstruction thereafter.