16 June 2021 · Delegated
Evas Cottage, 1, Parliament Lane, Castletown, Isle Of Man, IM9 1lb
Permission was granted for alterations and refurbishment of 1 Parliament Lane, Castletown, a small registered vernacular cottage (RB55) located within the historic core of the Castletown Conservation Area. The application also sought to add a tourism use to the dwelling, in association with a related listed building consent application. The property is considered of special architectural and historic interest, notably for a rare timber room divider decorated with scrimshaw carvings. The building was noted to be in general need of refurbishment at the time of the application. The officer assessed the proposal against the preservation of the registered building and its features, the character of the Conservation Area, and potential impacts on neighbours. The application was approved with four conditions.
The Department of Environment, Food and Agriculture approved the application on 16 June 2021. The key planning considerations were the preservation of the registered building and its historic features, the character of the Castletown Conservation Area, and the impact on neighbouring residents' living conditions. The proposal was found acceptable against all of these.
Development within land-use zones General Policy 2
The proposals are considered to be in accordance with the Strategic Plan policies GP2
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
Strategic Policy 4
The proposals are considered to be in accordance with the Strategic Plan policies GP2 and 4
Character and Appearance............................................................... 17 The Natural Environment ................................................................................. 34 The Urban Environment ................................................................................... 48 Transport and Utilities ..................................................................................... 57 Employment ................................................................................................... 71 Town Centres ................................................................................................. 81 Tourism ......................................................................................................... 90 Open Space and Recreation, Education, Health and other Community Facilities .... 95 Residential ................................................................................................... 101 Comprehensive Treatment Areas .................................................................... 127 Appendices Appendix 1 Additional background information on Employment Land 134 Appendix 2 Recommendations set out in the Retail Study 2009 138 Appendix 3 Extracts from the Draft Area Plan for the East 'Household Size and Population Projections Paper DP EP5 (June 2019) An 'Area' approach to Plan making What is an Area Plan? The Cabinet Office has a responsibility, afforded to it by Section 2 of the Town and Country Planning Act 1999, to prepare the Island Development Plan (IDP). The purpose of the IDP is to set out the general 'Policies' in respect of the development and other use of land on the Isle of Man , and also to identify the 'Proposals' which relate to specific places or issues , depending on the particular plan area. The two types of plan prepared and which make up the 'Island Development Plan' are: • a strategic plan, and • one or more area plans. The Isle of Man Strategic Plan 2016 (the Strategic Plan ) was approved by Tynwald on 15th March 2016, coming into operation on 1st April 2016. In hierarchical terms, the strategic plan sits above the area plans in the sense that the proposal in an area plan shall be in general conformity with the strategic plan. The implementation of Policy set out in the Isle of Man Strategic Plan This Area Plan for the East elaborates on the broad policies set out in the Isle of Man Strategic Plan relating them to precise areas of land. The Plan's final form has been shaped by the Report of the Public Inquiry published on 6th December 2019 and the representations received on the proposed Modifications published on 14th February 2020. The Area Plan for the East is made up of a Written Statement (this document) and a series of Maps. The Written Statement contains 'Proposals' which are either site s pecific, relatable to a specific issue in the East or on occasion in the form of a policy statement for a specific area. A number of 'Recommendations' are also included. These are statements of intent where the Cabinet Office has no direct control over i mplementation. They are intended to act as encouragement to other Departments or bodies to work together with the support of Cabinet Office to take action on or to deliver on particular matters or policy statements. How many Area Plans will there be? It is the intention to produce a limited number of Area Plans. There is already an Area Plan for the South which covers Castletown, Port Erin, Port St Mary, Rushen, Arbory, and Malew. The Area Plan for the East will be followed by an Area Plan for the North and West. Current legislation allows an area plan to relate to the whole of the Island or to such part as may be specified therein. It is the aim to produce, in time, a single 'All-Island Area Plan' alongside one Strategic Plan. These Plans would be capable of being reviewed or updated in tandem. The geographical coverage of the area plans thought most likely at the time of the Isle of Man Strategic Plan 2007 1 was identified in the Island Spatial Strategy (Chapter 5) of th at document which was subsequently carried forward to the Isle of Man Strategic Plan 2016. The extent of the Plan boundaries set out in the first iteration of the Strategic Plan, is set out below: Area Plan Coverage Area Plan Local Authority Area Douglas and the East Borough of Douglas, the district of Onchan and the Parishes of Braddan, Garff (Laxey and Lonan Wards only), Marown and Santon The South Parishes of Rushen, Arbory and Malew, Villages of Port Erin and Port St Mary and the town of Castletown Peel and the West Peel, and the Parishes of Patrick, German, and Michael Ramsey and the North Ramsey and the Parishes of Andreas, Ballaugh, Bride, Jurby, Lezayre, and the Maughold Ward of Garff The Area Plan for the East's geographical context 1.4.1. The Area Plan boundary is shown on Map 3 and includes Douglas, Onchan, Braddan, Garff (Laxey and Lonan Wards only), Marown, Santon and Braddan
General criteria applied in considering registered building applications
POLICY RB/3 General criteria applied in considering registered building applications The issues that are generally relevant to the consideration of all registered building applications are:- • The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the Island as a whole and within the local context; • The particular physical features of the building (which may include its design, plan, materials or location) which justify its inclusion in the register; descriptions annexed to the entry in the register may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance, (e.g. Interiors, murals, hidden fireplaces) may come to light after the building's entry in the register; • The building's setting and its contribution to the local scene, which may be very important, e.g. Where it forms an element in a group, park, garden or other townscape or landscape, or where it shares particular architectural forms or details with other buildings nearby (including other registered buildings).
ALTERATIONS AND EXTENSIONS
POLICY RB/5 ALTERATIONS AND EXTENSIONS In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. Registered building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals. Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting. Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative affect upon the building's special interest as a result of several minor works which may individually seem of little consequence.
Business Policy 13
be suitably integrated into the surrounding landscape setting through reasonable mitigation measures and include considering siting, colours, materials, finishes and the general scale. Santon (D13) Landscape Character Area Santon (D13) Landscape Strategy Conserve and enhance: a) the character, quality and distinctiveness of the area, with its wooded valley bottoms and wooded horizons; b) its scattered settlement pattern; c) its Victorian garden and the railway. Key Views Open and expansive views from the higher areas along the rugged coast in the east and inland towards the upland areas over Braaid. Incinerator chimney forms a notable landmark in the immediate area. Glimpsed views framed by vegetation in the valley bottoms and along the main roads where they follow the wooded valley bottoms. Views in the northern part of the area up to the Transmitting Masts on top of Douglas Head hill top. Views from Isle of Man Steam Railway. Landscape Proposal 7 (Santon) In cases where new development is proposed, applications must demonstrate that it can be suitably integrated into the surrounding landscape setting through reasonable mitigation measures and considering siting, colours, materials, finishes and the general scale. Ballamodha, Earystane & St Mark's (D14) Landscape Character Area Ballamodha, Earystane & St Mark's (D14) Landscape Strategy Conserve and enhance the: a) character, quality and distinctiveness of this farmed landscape with various field patter ns defined by different hedges; b) scattered settlement pattern of traditional hamlets, farmsteads and nucleated settlements fringed by trees; c) varied road network enclosed by grassed Manx hedges and roadside vegetation; d) numerous wooded valleys and glens; e) physical structure and setting of upstanding heritage features such as the Silverdale watermill. Key Views Distant views prevented at times by dense woodland in river valleys and by the cumulative screening effect of hedgerow trees, which tend to create wooded horizons. Open and panoramic views out to sea from the higher areas on the upper western parts of the area where there are few trees to interrupt. Port Grenaugh (E1) Landscape Character Area Port Grenaugh (E1) Landscape Strategy Conserve a) the character, quality and distinctiveness of this remote and tranquil coastal area with its rich ecological habitats, open and expansive panoramic views and numerous sites of archaeological importance. Key Views Panoramic and open views out to sea from the Raad ny Foillan coastal footpath, south towards Langness and the School Tower in Castletown and north up the jagged coastline towards Santon Head. Port Soderick (E2) Landscape Character Area Port Soderick (E2) Landscape Strategy Conserve: a) the character, quality and distinctiveness of the tranquil coastal area with its rich ecological habitats, open and expansive panoramic views and numerous sites of archaeological importance. Key Views Open expansive and panoramic views out to sea from Marine Drive and from coastal footpaths including Raad ny Foillan. Views along the rocky coastline over various prominent headlands. View out to sea from Port Soderick framed by rocky cliffs. Douglas Bay (E3) Landscape Character Area Douglas Bay (E3) Landscape Strategy Conserve and enhance: a) the character, quality and distinctiveness of Douglas harbour, promenade and beach; b) the urban setting between two large open headlands c) and to maintain the rich maritime and coastal habitats of the area. Key Views Inter-visibility is possible in numerous places along the sea front from the coastal path around Onchan to the various piers and at the lighthouse at Douglas Point. Views inland are dominated almost exclusively by the built form of Douglas with its terrace of white Victorian hotels, the built form of Onchan on the cliff tops and the various paraphernalia associated with the Harbour. Views along the coast constrained and dominated by the two large headlands that enclose the area. Landscape Proposal 8 (Douglas Bay) The open, expansive headlands of Douglas and Onchan shall be protected from visual intrusion. Clay Head (E4) Landscape Character Area Clay Head (E4) Landscape Strategy Conserve: a) the character, quality and distinctiveness of the tranquil coastal area with its rich ecological habitats, open and expansive panoramic views and numerous sites of archaeological importance. Key Views Channelled views out to sea from the beach at Port Groudle. Extensive panoramic views out to sea and across Douglas Bay from the A11 around Howstrake Camp Electric railway stop and at the periphery of the settlement of Onchan. Glimpsed views towards Laxey Bay and up to the Northern Uplands over heathland from the eastern end of Clay Head Road. Landscape Proposal 9 (Clay Head) The open, expansive panoramic views across Douglas Bay and towards Port Groudle appreciated from the Howstrake Camp Elec
Paragraph 9.5.8
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:
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
Roof Surfaces: Requires the submission of roof materials Details and samples of roofing materials including flashings and slates shall be submitted to and approved in writing by the Department prior to their use. The development shall be implemented in accordance with the approved details and thereafter maintained.
Condition 3
Requires the submission of roof light details Details of the proposed roof light (s), i.e. type and size, shall be submitted to and approved in writing by the Department prior to their installation. The new roof light(s) shall be of a design which, when installed, shall not project forward of the general roof surface (and shall have a surround of a dark, matt finish). The roof light(s) shall be installed in accordance with the approved details and thereafter maintained.
Condition 4
Render and Colour No development shall commence until details of the material, colour and texture of the render have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.