26 June 2012 · Delegated
Land Adjacent To Waterfall Hotel Carpark, Shore Road, Glen Maye, Isle Of Man, IM5 3bg
This application sought permission to erect a residential development comprising three apartments and one house on land adjacent to the Waterfall Hotel car park on Shore Road, Glen Maye, Isle of Man. The site sits south of the Waterfall Hotel and west of the A27 Road, bordered by steep slopes on its sides and rear, with a number of trees with exposed roots. The officer identified several planning concerns, including the proposal's visual impact on the character of the village and street scene, its effect on the nearby National Glen, and potential harm to adjacent woodland, trees, and wildlife. The application was withdrawn on 26 June 2012 before any formal decision was reached. The case officer had been preparing a recommendation to refuse the application on the grounds that it conflicted with relevant Isle of Man Strategic Plan policies.
The application was withdrawn before a formal decision was issued. The officer had recommended refusal, citing concerns about visual impact on the village character, the street scene, and the nearby National Glen, as well as the effect on adjacent woodland and the challenging nature of the steeply sloping site with exposed tree roots.
Spatial Distribution Policies
Glen Maye, is classified as not within any of those service villages and consequently Spatial Policy 4 set out that these villages should maintain the existing settlement character and be of an appropriate scale to meet local needs for housing and limited employment opportunities.
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
Housing Policy 4
New housing will be located primarily within our existing towns and villages
Housing Policy 4: New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions (1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14. 8.5.6 The anticipated increase in the total number of dwellings on the Island over the Plan period is approximately 14%. By administering the programme of Area Plan preparation, the Department will ensure that there is sufficient land zoned for residential development to meet the overall housing requirement figure required by Housing Policy 1. The Department has resolved to prepare under the provisions of the Town and Country Planning Act 1999 four Area Plans which will concentrate upon larger areas of the Island. These will focus on the North, West, East and South of the Island and correspond with those areas discussed at paragraph 5.9 of the Spatial Strategy Chapter. 8.6 Affordable Housing 8.6.1 The Department is concerned about the increasing difficulties of securing the provision of affordable housing across the Island. The Department can, and does as a Housing Authority, intervene financially to provide financial support to local Authorities; financial support to prospective owner occupiers (through the House Purchase Assistance Scheme 2002) and by direct provision of new houses to rent. The provision of affordable housin g is a material consideration in the preparation of the development plan. In the current situation the Department considers that, to secure an adequate provision of affordable housing, it is appropriate to require that any area of land identified for hous ing purposes should include a contribution towards the provision of affordable housing. 8.6.2 There are currently around 1,584 (as at 31 st March 2007) households on the General Housing Waiting List. In addition, there are some 690 (as at 31 st March 2007) households registered with the Department under the House Purchase Assistance Scheme (HPAS). This indicates a total current need of some 2,274 households for affordable housing. (1) Sustainable Urban Extensions are defined in Appendix 1 8.6.3 In the current circumstances the Department considers that approximately 25 % of new housing provision should take the form of affordable housing. In assessing the appropriate percentage in each instance, the Department will have regard to the fact that the figure is a target over the Plan Period as a whole; to evidence of local housing need; to the nature of the land and viability of the scheme; and to the nature of existing adjacent housing. The 25% provision will be monitored and reviewed as part of any review of the Strategic Plan.
Environment Policy 3
could result in their removal contrary to Environment Policy 3 of the Isle of Man Strategic Plan.
ar sea views. Additionally, services for networked water supply and other essential utilities would be difficult to provide for additional development in this area (see Maps 3, 7 and 9). Natural Environment Proposal 3 (Green Gap) Between the settlements of Laxey and Baldrine, development which would erode the separation and detract from the openness between the settlements will not be supported. Glen Vine and Crosby - These two settlements, although proximate in location, are separate and distinct in many ways. Consultation has clearly demonstrated this through the views expressed during the stages of plan development. In cases such as this, the breaks in the urban fabric and the features of nature which provide a sense of openness should be protected from development which would erode this (see Maps 3 and 10). Natural Environment Proposal 4 (Green Gap) Between the settlements of Glen Vine and Crosby, development which would erode the separation and detract from the openness between the settlements is unlikely to be supported. Douglas, Union Mills and Strang (see Maps 3, 4 and 8) Natural Environment Proposal 5 (Green Gap) Between the settlements of and Douglas, Union Mills and Strang, development which would erode the separation and detract from the openness between the settlements is unlikely to be supported. The Upland Environment The Manx Uplands are an iconic part of our landscape and heritage. Reference to the 'sweet mountain air' and 'green hills and rocks' are enshrined in our national anthem and the colours of the heather and gorse are woven into the very fabric of Manx tartan. The hills are a place of great beauty, yet for some they are also a place to work and for others a place to exercise or simply enjoy open space. Our Uplands are also home to plants and animals that whilst familiar to us, are rare and impor tant in a global and European context. Furthermore, the uplands are a rich repository of cultural and archaeological remains, which are sensitive to change and can easily be damaged by inappropriate development. Production of food is an important and obvi ous function of hill land. But surprisingly, the Manx hills provide everyday functions that most people take for granted. Peatlands, which cover most of our hills reduce the impacts of climate change by locking up carbon dioxide, collect and filter our drinking water and slow the passage of rainfall into streams and rivers, thus reducing downstream flood risk. These multiple uses are of great benefit to the economy of the Isle of Man and the well - being of its people. It is important that the hills continue to provide these benefits long into the future. Ensuring sustainable management of such a wide range of uses to the satisfaction of all interested parties whilst retaining functions essential to the well -being of the Isle of Man is of paramount importance. The Isle of Man Government is the owner and landlord for the majority of the Uplands in the East region and is therefore in a position to implement policy which will deliver the optimum range of ecosystem services. Appropriate and positive Upland management such as controlled rotational burning/cutting of heather and low intensity grazing helps to reduce the fuel load of the hill, provides firebreaks and reduces the risk of unplanned wildfires that further protects the biodiversity of the site, but also the vast amounts of carbon locked away in the peat soils. The majority of this work is carried out by The Department of Environment, Food & Agriculture's grazing and shooting tenants. The Manx Uplands are critically important from a habitat and biodiversity perspective. The hills in the East support a significant number of breeding hen harriers; however, other native Upland breeding birds such as curlew and red grouse have suffered severe declines in recent decades and as such are of high conservation concern. Strict control of access and recreational activity on vulnerable soils should be implemented to reduce soil erosion and subsequent carbon loss. Curlew and hen harriers are recognised as an internationally important species, while (within the EU) upland heather moorland is designated as a priority habitat. In order to ensure protection and positive management of the Uplands, the following proposal is appropriate: Environment Proposal 6 Uses of the Uplands that contribute to the management and preservation of this distinctive environment will be supported. Dark Skies On the Isle of Man, 26 Dark Sky Discovery Sites have been identified, of which nine are located in the East. They are classified as Milky Way Sites meaning that at these sites the Milky Way is visible to the naked eye. The sites are accessible and light pollution is limited. The following Dark Sky Discovery Sites are located within the East: • Port Soderick Upper Car Park • Port Soderick Brooghs, Little Ness Car Park • Mount Murray Golf Club • Onchan Park • West Baldwin Reservoir Car Park • Clypse Kerrowdhoo Reservoi
Environment Policy 9
A precautionary approach(1) will be adopted for development relating to land affected, or likely to be affected, by erosion or land instability.
or detract from an archaeological site or its setting will not be permitted. I recommend that Urban Environment Proposal 8 be deleted from the draft Area Plan. Railway Architecture 53 Urban Environment Proposal 9 refers to the protection of station buildings, gate-keeper's huts and other line-side structures. However, it seems to me that if they are worthy of preservation, these buildings should be registered. While I do not doubt their cultural importance, in the absence of their registration, it is not clear to me how the planning authority could prevent their demolition or removal. I recommend that Urban Environment Proposal 9 be deleted from the draft Area Plan. CHAPTER 7 - TRANSPORT AND UTILITIES Highways Traffic Congestion 54 The Area Plan recognises that that there is already traffic congestion at the Quarterbridge junction; at the junction between Mountain Road and Governor's Road; and at the junction between Glencrutchery Road and Victoria Road. The evidence is that if all the development sites identified in the draft Area Plan were to be built-out, and no improvements were made to the road system, there would be a significant increase in congestion in Douglas and Onchan. Modelling commissioned by the Government suggests that, in the worst case, the average speed of traffic during the afternoon peak could decrease from 19mph to 12mph. Some journey times would be likely to increase by more than 100%, when compared with 2016 data. This would affect both private and public transport. However, it seems to me that, in practice, this worst case scenario is unlikely to arise. 55 Opportunities for additional carriageway provision are very limited and none are proposed in Douglas or Onchan in the Area Plan. However, there may be potential for limited highway improvements in the proposed Comprehensive Treatment Areas. Additionally, there is scope for the installation of an improved system of traffic signals, which could improve the capacity of the existing road network, particularly at junctions. Further mitigation could result from the introduction of the Active Travel Strategy, whereby drivers are to be encouraged to walk or cycle to their destinations, where this is practicable. Children living reasonably close to their school could be encouraged to walk there (perhaps in a supervised 'walking bus'); or go by bike. Reduced car use might also be achieved by a modal shift in favour of public transport; or car travellers could be encouraged to share a single vehicle, wherever possible. There may also be increasing scope for some office workers to undertake their duties at home, by making use of IT facilities. 56 Experience has shown that increasing peak period road congestion often results in 'peak spreading', where car users choose to begin their journeys a little earlier (or later) in order to avoid the worst delays. Congestion charging has also been shown to be an effective way of managing peak period delays. However, a degree of peak hour congestion is characteristic of most urban areas, and is perhaps an inevitable consequence of mass car commuting. Cycle Parking and Changing Facilities 57 The Braddan Parish Commissioners argued that the provision of cycle parking and changing facilities should be encouraged at places of employment. I agree. Chapter 11.5.3 of the Strategic Plan already states that 'consideration should be given to cycle parking for staff … in non-residential development'. However, I consider that such provision could appropriately be required as part of a development brief for any proposed employment site. I also consider that employers should be encouraged to introduce Travel Plans, with the aim of reducing the level of car commuting. I recommend that the provision of cycle parking and changing facilities, and the production of a Travel Plan, should be considered for any proposed employment development. Park and Ride 58 The Braddan Parish Commissioners, Miss P Newton and others urged that consideration be given to the introduction of a 'park and ride' scheme, whereby drivers entering Douglas would be encouraged to leave their vehicles at a peripheral car park and complete their journeys by bus. I understand that a previous 'park and ride' scheme had only limited success, and no firm proposal to try again has been put forward by any Government Department. I see no purpose in allocating land for a park and ride facility in the Area Plan, unless there is a good prospect of the requisite investment being made to bring such a scheme to fruition during the plan period. The TT Access Road 59 The TT Access Road provides the sole vehicular route to and from the interior of the TT course when racing is in progress. It is a single track carriageway with passing places, which follows the line of a disused railway, and passes beneath the TT Course near the Quarterbridge junction. Importantly, at race times, it provides the sole means of vehicular access to Noble's Hospital from the greater part of the Isle of Man. I understand that it already becomes 17
Environment Policy 28
the proposal is contrary to this policy.
Environment Policy 28: Development which would be at risk from ground instability or which would increase the risk from ground instability elsewhere will not be permitted unless approp riate precautions have been taken. 7.23 Consultation Zones for Hazardous Installations 7.23.1 There are a number of installations on the Island that represent a constraint on development in the vicinity because of health and safety considerations. Such installations are essential Island facilities such as the petroleum and LPG storage at Douglas Harbour. The type of constraint posed to development varies by facility and therefore there will be a need for the Department to consult with the Health and Saf ety at Work Inspectorate regarding any development within such zones.
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.''
Transport Policy 4
therefore contrary to Transport Policy 4 of the Isle of Man Strategic Plan.
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.
Approval in principle for the erection of a dwelling. A two year extension was approved to the AIP by delegated minute 2.6 6/10/06
relevant in the assessment and determination of this application
Provision of cafe, flat, holiday accommodation and garage
relevant in the assessment and determination of this application
Approval in principle for construction of cafe with flat and holiday accommodation
relevant in the assessment and determination of this application