Registered Building consent for demolition elements to PA 21/00314/B

General Policy 2

The development would therefore comply with 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

Environmental Policy 35

lew LDHP LDHP e Arbory Location Former Designation Area Plan Designation Symbol on Proposals Map (3) and Inset Maps (4-7) Parville, Ballabeg (Registered Building 235), Arbory LDHP LDHP f Balladoole House and The Granary, Arbory LDHP LDHP g Rushen Location Former Designation Area Plan Designation Symbol on Proposals Map (3) and Inset Maps (4-7) Ballagawne (Greenacres), Ballagawne Road, Rushen LDHP LDHP h Kentraugh, Rushen LDHP LDHP i Proposed Low Density Housing in Parkland An area to the East and West of Phildraw Road, Malew, as shown on Inset Map 4 Appendix 4 (a): Groups of Houses in the Countryside Survey (2009) Assessments of individual groups: (a) Cregneash: (i) Description: Cregneash comprises a group of traditional buildings clustered around the church, and set on the saddle between Meayll Hill and Cronk ny Arrey. Some of the buildings are used as part of the Cregneash Folk Museum. (ii) Assessment: It is indicated at paragraph A.3.7 of Appendix 3 to the Isle of Man Strategic Plan that "Cregneash may also be judged to have the characteris tics of a village, but as the National Folk Museum it is subject to special consideration, seeking to preserve and protect the authenticity and integrity of the village and its setting." However, it would be more accurate to refer to Cregneash as "the set ting for the National Folk Museum" rather than "the National Folk Museum ". The introduction of additional dwellings, necessarily constructed some 100 years or more later than any existing dwelling in the village, would clearly be inimical to preserving th e authenticity and integrity of the present group and its value as the setting for the Folk Museum. Additional dwellings are not therefore proposed. (b) The Howe/Glen Chass: (i) Description: The Howe comprises a group of dwellings and farm buildings ar ound the chapel on the north side of the road to The Sound. Just to the east, scattered either side of the road down to Fistard are the dwellings comprising Glen Chass. These linked groups have a sense of identity, arising in part from the chapel and in part from the topographical setting. The groups are close to Port St Mary, but clearly within the countryside. Apart from the chapel, there are no public buildings. (ii) Assessment: These groups are not in themselves sustainable settlements, and are not far enough away from Port St Mary or Port Erin to generate a valid local need for housing. In the case of The Howe, further development would be likely to extend or consolidate the existing ribbon development along The Sound Road, whilst in the case of Glen Chass, the access road is narrow and difficult, especially for public service vehicles. In these circumstances, additional dwellings are not proposed for The Howe or Glen Chass. (c) Ballakilpheric/Cronk e Dhooney: (i) Description: Grouped quite comp actly to the west and east of the still -active chapel are two collections of dwellings and farm buildings, some of which are comparatively modern. The group is some 1.5 km from the Colby main road, up a winding and sometimes narrow road. The sense of place arises largely from the chapel at the crossroads, but there are no other public facilities or amenities. (ii) Assessment: Whilst a small number of additional dwellings could be added without visual detriment to either the group or its setting, the group is not sustainable, is served by a poor access road, and is not distant enough from Colby to generate a valid local need for housing. Additional dwellings are not therefore proposed. (d) Earystane: (i) Description: Earystane comprises a collection of dwellings scattered along the road between Ballamoar and Ballacannell. The distinctive, finely coursed stonework of some of the buildings, including the former chapel, lends a sense of unity to this interesting upland settlement. The group is some 2.5 km from the main Colby Road, is served by only a narrow road, and has no public facilities or amenities. (ii) Assessment: Further dwellings would clearly not be sustainable, and would reduce the interest and attraction of the existing group. Road access is poor. Additional dwellings are not therefore proposed. (e) St Marks: (i) Description: St Marks is a designated Conservation Area, which includes some of the surrounding countryside. The buildings include the church, a chapel, the former school rooms , and a number of dwellings clustered around the village green. The spaces between the buildings contribute positively to the character of the settlement, helping to integrate it with its immediate rural environment. The undeniable sense of place arises not only from the disposition of the buildings and spaces, but also from the location at the meeting of several rural roads. (ii) Assessment: The Character Appraisal statement for the Conservation Area indicates that "Whilst new development might not be ru led out, detailed and careful assessment of any proposed develo

Environment Policy 39

POLICY RB/6 DEMOLITION

POLICY RB/6 DEMOLITION There will be a general presumption against demolition and consent for the demolition of a registered building should not be expected simply because redevelopment is economically more attractive than repair and re-use of an historic building; or because the building was acquired at a price that reflected the potential for redevelopment, rather than the condition and constraints of the existing historic building. Where proposed works would result in the total or substantial demolition of a registered building, an applicant, in addition to the general criteria set out in RB/3 above, should be able to demonstrate that the following considerations have been addressed:- In judging the effect of any proposed alteration or extension to a Registered Building, it is essential to have assessed the elements that make up the special interest of the building in question. They may comprise not only obvious features such as a decorative facade, or an internal staircase or plaster ceiling, but may include the spaces and layout of the building and the archaeological or technological interest of the surviving structure and surfaces. These elements can be just as important in the simple vernacular and functional buildings, as in grander status buildings. Cumulative changes reflecting the history of use and ownership can themselves present an aspect of the special interest of some buildings, and the merit of some new alterations or additions, especially where they are generated within a secure and committed long-term ownership, are not discounted. The destruction of historic buildings is in fact very seldom necessary for reasons of good planning: more often it is the result of neglect, or failure to make imaginative efforts to find new uses or incorporate them into new developments. • The condition of the building, the cost of repairing and maintaining it in relation to its importance and to the value derived from its continued use. Any such assessment should be based on consistent and long term assumptions. Less favourable levels of rents and yields cannot automatically be assumed for historic buildings and returns may, in fact, be more favourable given the publicly acknowledged status of the building. Furthermore, historic buildings may offer proven performance, physical attractiveness and functional spaces, that in an age of rapid change, may outlast the short-lived and inflexible technical specifications that have sometimes shaped new developments. Any assessment should take into account possible tax allowances and exemptions. In rare cases where it is clear that a building has been deliberately neglected in the hope of obtaining consent for demolition, less weight should be given to the costs of repair; • The adequacy of efforts made to retain the building in use. An applicant must show that real efforts have been made, without success, to continue the present use, or to find new uses for the building. This may include the offer of the unrestricted freehold of the building on the open market at a realistic price reflecting the building's condition. • The merits of alternative proposals for the site. Subjective claims for the architectural merits of a replacement building should not justify the demolition of a registered building. There may be very exceptional cases where the proposed works would bring substantial benefits for the community; these would have to be weighed against preservation. Even here, it will often be feasible to incorporate registered buildings within new development, and this option should be carefully considered. The challenge presented by retaining registered buildings can be a stimulus to imaginative new designs to accommodate them. CONTROL OF UNAUTHORISED WORKS Section 15 of the Act provides that no works may be executed:- (a) for the demolition of a registered building, or (b) for its alteration or extension in any way which would affect its character as a building of special architectural or historic interest, unless they are authorised under the Act and the Department has granted written consent for the execution of the works ("registered building consent") N.B. It should be noted that Section 15 of the Act does not apply to works for demolition, alteration or extension of :- i) any building which is for the time be ing the subject of a preservation order under section 11 of the Manx Museum and National Trust Act 1959, or ii) a building for the time being included in the list of monuments prepared under section 13 of the said Act.

POLICY CA/6 DEMOLITION

POLICY CA/6 DEMOLITION Any building which is located within a conservation area and which is not an exception as provided above, may not be demolished without the consent of the Department. In practice, a planning application for consent to demolish must be lodged with the Department. When considering an application for demolition of a building in a conservation area, the general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the conservation area. Similar criteria will be applied as those outlined in RB/6 above, when assessing the application to demolish the building, but in less clear cut cases, for example, where a building could be said to detract from the special character of the area, it will be essential for the Department to be able to consider the merits of any proposed new development when determining whether consent should be given for the demolition of an unregistered building in a conservation area. Account will be taken of the part played in the architectural or historic interest of the area by the building for which demolition is proposed, and in particular of the wider effects of demolition on the building's surroundings and on the conservation area as a whole. ADVERTISEMENT CONTROL All external advertisements affect not only the appearance of the building upon which they are displayed, but also the neighbourhood where the building is located. This will apply particularly to illuminated signage which is often formed from shiny, nontraditional materials and can result in an unsuitable and harsh appearance which detracts from the character of the building and a conservation area as a whole. The aesthetic quality of a building can be markedly affected by the installation of inappropriate external signage. Where matters such as Corporate Image are a consideration; for a conservation area the Department may require a deviation from what might be acceptable in other high street locations and many large corporate bodies do have alternative designs of signage which might be suitable for use in conservation areas. In many cases it will be necessary for signage to adopt traditional design and materials, in keeping with the character of the building and neighbourhood as a whole. Externally illuminated signage with the appropriate detailing and colour rendered lamps, may be judged suitable. ABSENCE OF PERMITTED DEVELOPMENT Permitted Development Orders which apply elsewhere and enable minor development to be carried out in particular circumstances, may apply in designated Conservation Areas, but to a more limited extent. Most proposed development and any proposed demolition will require to have first been granted planning approval before any works may be progressed. If in any doubt, property owners are advised to consult the Department direct, rather than to rely upon the advice of a third party. FINANCIAL ASSISTANCE Work which might be considered as preserving the architectural or historic interest of an individual building, or which might be judged as enhancing the special character of a Conservation Area, historic townscape or the Island's rural landscape, may qualify for financial assistance under one of the schemes which the Department operates. Each case will be judged upon its own particular merits. DEMOLITION Under Section 19 of the Act, conservation area designation introduces control over the demolition of most buildings within conservation areas. Those buildings which are exempted from such control are listed in the said Section 19, but may be summarised as follows:- (a) registered buildings; (b) a building for the time being the subj ect of a preservation order under section 11 of the Manx Museum and National Trust Act 1959, (c) a building for the time being included in the list of monuments prepared under section 13 of that Act; or (d) any buildings, a description of which is specified in a direction issued by the Department under Section 19 subsection (2) of the Town and Country Planning Act 1999, which are by virtue of such direction, are excluded for the time being from an order designating a conservation area. IMPACT ON THE HISTORIC ENVIRONMENT OF TRANSPORT AND TRAFFIC MANAGEMENT IMPACT OF PROPOSALS TO BE MINIMISED Major new transport infrastructure development can have an especially wide-ranging impact on the historic environment, not just visually and physically, but indirectly, for example by altering patterns of movement or commerce and generating new development pressures or opportunities in historic areas. There is already in place an informal framework which allows for early dialogue between the Department of Transport, the Local Authority and the Department and it is essential that such consultation should continue to take place where any changes in such infrastructure are propose

Strategic Policy 4

In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains a number of policies that are considered specifically material

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