8 March 2019 · Committee
Field 315179, Glenfaba Road, Peel, Isle Of Man, IM5 1ds
The proposal involved constructing a temporary sediment lagoon at Field 315179, Ballaterson Farm, alongside temporary pipelines installed along and beside the River Neb between the farm and Peel Marina. The purpose was to receive, store, and dewater contaminated material dredged from Peel Marina as part of harbour maintenance works. The whole facility was to be decommissioned and the land restored within five years. The officer identified an established need to dredge Peel harbour and noted that the dredged material is already present in the environment; the proposal would relocate it to a controlled storage facility. Key issues assessed included impacts on agricultural land, nature conservation, watercourses, landscape, flood risk, highways, and archaeology. Officers concluded that the temporary nature of the use, combined with a comprehensive set of planning conditions covering construction hours, lighting, highway vehicle management, lagoon construction details, and site restoration, would keep impacts to a minimum.
The committee was satisfied that there is a genuine need for the dredging operation and that a temporary lagoon provides a controlled means of managing the contaminated material. Impacts on the site and surrounding environment were judged minimal given the five-year time limit and the detailed conditions requiring specific construction methods, restricted working hours, a lighting plan to protect the river, and full site restoration on completion.
protects the nature conservation value of urban and rural areas
Strategic Policy 7
Spatial Policy 7: In accordance with Strategic Policy 3 Area Plans will assess the need for Green Gaps(1) between settlements so as to avoid coalescence. (1) Green Gap is defined in Appendix 1 This page has been left intentionally blank. This page has been left intentionally blank. CHAPTER 6 GENERAL DEVELOPMENT CONSIDERATIONS CONTENTS 6.1 Introduction 6.2 Development within land-use zones 6.3 Development outside of areas zoned for development 6.4 Planning Agreements 6.5 Enforcement 6.6 Advertisements 6.7 Public Art CHAPTER 6 GENERAL DEVELOPMENT CONSIDERATIONS 6.1 Introduction 6.1.1 The Development Plan will make positive land-use allocations and provision through its policies such as to meet the Island's foreseen development needs for the period 2001 -2016. It will therefore provide the basis on which development control decisions are made during this period. 6.1.2
Strategic Policy 10
Strategic Policy 10: New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement (1) Business Park is defined in Appendix 1 4.6 Social 4.6.1 The provision of an adequate supply of housing to meet the needs of the wider community is essential; this is in addition to the need to replace existing substandard or poor quality dwellings. Therefore;
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
protects the countryside and its ecology
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
protects biodiversity
uch 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 Reservoir Car Park • Conrhenny Car Park • Ballanette Nature Reserve • Axnfell Plantation Natural Environment Proposal 7 Proposals for development in the vicinity of Dark Sky Discovery Sites are to have minimal outdoor lighting and be encouraged to have a design response which is non-intrusive into the darkness of night. Baffling and directionality of lighting must be sensitive to contain any necessary lighting within a subject site only. Watercourses and Wetlands The collection of hills in the East has produced a network of mountain streams which gradually join and widen to become the rivers flowing out into Douglas Bay, Port Groudle a
protects watercourses
• Mount Murray Golf Club • Onchan Park • West Baldwin Reservoir Car Park • Clypse Kerrowdhoo Reservoir Car Park • Conrhenny Car Park • Ballanette Nature Reserve • Axnfell Plantation Natural Environment Proposal 7 Proposals for development in the vicinity of Dark Sky Discovery Sites are to have minimal outdoor lighting and be encouraged to have a design response which is non-intrusive into the darkness of night. Baffling and directionality of lighting must be sensitive to contain any necessary lighting within a subject site only. Watercourses and Wetlands The collection of hills in the East has produced a network of mountain streams which gradually join and widen to become the rivers flowing out into Douglas Bay, Port Groudle and Laxey Bay. Several of these rivers fro m the natural boundaries between the Eastern Parishes. A non-exhaustive list of streams and rivers in the East includes: Crammag River Injebreck River Creg-y-Cowin River West Baldwin River Awin Ny Darragh Baldwin River River Glass Greeba River River Dhoo Santon Burn Crogga River Middle River Laxey River Glenroy River Groudle River Ballacottier River River Douglas It is likely that these streams and rivers, similar to most of the Island's watercourses, support populations of European Eels - classified by the International Union for the Conservation of Nature (IUCN) as Critically Endangered - and Brown Trout. Most rivers with good fish passage from the sea, including the Dhoo, Glass, Laxey and Santon Burn, contain populations of salmon and sea trout. The Dhoo and Glass are known also to support populations of brook (and possibly river) lamprey. Many of the tributary streams to the major rivers, although small, provide valuable additional spawning and nursery areas for salmonids and lampreys. There are four reservoirs in the East: Eairy Dam, Injebreck, Clypse and Kerrowdhoo. The proposals in this plan for additional housing in the East are likely to have an impact on the water levels in these reservoirs and consequently on the compensation flows within the downstream rivers. DEFA reports that i n recent years there has been evidence of low summer flow below Injebreck reservoir in the River Glass. It is suggested that any reduction in flow in the River Glass could have consequences for the ecology of the river, including fish populations. DEFA has highlighted evidence that artificial light from new housing close to rivers may have a detrimental impact on migratory salmonids. The reservoirs in the East are home to wild brown trout and Injebreck, Clypse and Kerrowdhoo are stocked with rainbow trout for visiting anglers. This Plan recognises that the economic value of the recreational fishing industry depends both on healthy fish stocks and high recreation and visual amenity. The ecological services provided by the Island's watercourses and wetlands are considerable, including carbon storage and natural flood mitigation. An undeveloped corridor of land between the river bank (measured from the edge of th e river channel) and any riverside development is required to allow for natural changes in the position of the river channel, as well as in water levels . The natural vegetation and physical structure of a river bank also provides a wildlife corridor for non-aquatic species. Natural Environment Proposal 8 Proposals for new development in the Plan Area which intend a connection to the Injebreck Reservoir for its water supply must demonstrate that as a consequence of this new development, water levels will n ot be so affected as to have a detrimental effect on normal flows. Natural Environment Recommendation 2 It is recommended that ahead of making any applications for development close to the reservoirs, watercourses and wetlands in the East, applicants must discuss such proposals with DEFA to establish the need for specific design elements to be taken into account . This may include : the impact of artificial light from the development on migratory fish species, buffer distances from the river bank and visual amenity. Marine Protected Areas and Marine Conservation Zones Increased efforts are being made to protect the health and biodiversity of the marine environment as well as the economic and social benefits which effective management of marine resources brings. Marine protected areas are areas of the sea that are protected from fishing and other impacts, with the aim of restoring habitats and supporting sustainable fisheries. The Isle of Man currently has ten Marine Protected Areas around our coast, encompassing 10.4% of Manx waters. One of these is the Sea Fisheries Restricted Area at Laxey Bay which was established in 2009 with the intention of enh ancing the scallop stock and later seeded with juvenile scallops. In 2008 , Douglas Bay closed to mobile fishing gear. Its current status is as a Marine Conservation Zone, though there is an intention to designate the Bay as a Marine Nature Reserve. Marine Nature Reserves are designated to conserve their flora,
protects agricultural land
also to entail the permanent loss of some versatile A2 agricultural land, falling within Class 3/2 as shown on the Agricultural Land Use Capability Map of the Isle of Man. This would be counter to Environment Policy 14 of the Strategic Plan. In my view, this should tell against the retention of this land as a Strategic Reserve Site. 348 I recommend that the proposal to show Site BH032 as a Strategic Reserve Site for potential residential development be deleted from the Area Plan. Site GH011 - Ballacollister Road, Laxey; and Site GH015 - Briar Dale, South Cape, Laxey 349 Site GH011 consists of about 2ha of open land on the east side of Ballacollister Road, Laxey, immediately to the north of that village's existing built up area. It is allocated for residential development in the Laxey and Lonan Area Plan 2005, but is outside the existing settlement boundary of Laxey as shown in the draft Area Plan. In 2007, planning approval in principle was granted for six dwellings on this land, but this was never taken, up and has now lapsed. 350 Site GH015 is contiguous with Site GH011, to the north-east. It has an area of about 0.22ha, and is shown as woodland in the Laxey and Lonan Local Plan 2005. It is outside the settlement boundary of Laxey, as shown in the draft Area Plan. 351 In the draft Area Plan as published in May 2018, these sites were allocated for residential development. However, in the Schedule of Proposed Changes published in July 2019, the Cabinet Office indicated that they would be relegated to the status of Strategic Reserve Sites. 352 Mr M Perkins referred to current sewage problems in this area, although I understand that new provision for sewage treatment is planned for Laxey. Miss P Newton felt that the development of this land would detract from the visual amenity of Laxey. It would be visible across a wide area, and would require the removal of trees. M Turner and A Kennaugh referred to the poor access, and considered that Site GH011 should remain in agricultural use. Inspector's Conclusions 353 I consider that, at present, access to these sites is unsatisfactory. Ballacollister Road is a single-track lane, which would require widening to permit two vehicles to pass one another without difficulty. Its junction with the A2 is sub-standard. 354 In view of this, I am not convinced that these small sites should be considered as providing an appropriate location for a sustainable extension to Laxey. Furthermore, I have seen no evidence that there is a local housing need that would justify the extension of this settlement into the surrounding countryside. In the circumstances, I am not persuaded that there is a case for either site to be reserved for future development. 355 I recommend that neither Site GH011 nor Site GH015 be allocated for residential use in the Area Plan, either for immediate development, or as strategic reserve land. Site GH020 - Land adjacent to Ard Reayrt, Laxey 356 Site GH020 comprises about 1.5ha of undeveloped land within the existing settlement boundary of Laxey, as shown in the draft Area Plan. It is within an established housing area, in a hillside location, on the northern side of the village. It was allocated for residential development in both the 1982 Development Plan and the Laxey and Lonan Local Plan 2005. In the draft Area Plan as published in May 2018, it was proposed as a residential allocation for immediate development. However, in the Schedule of Proposed Changes published in July 2019, the Cabinet Office indicated that it would be relegated to the status of a Strategic Reserve Site. 357 Mr M Perkins referred to the surface water drainage problems in Laxey. There had been recent flooding events in the village and these could be expected to increase in frequency and intensity as a result of climate change. Development of this site would exacerbate this problem, by accelerating the rate of run-off from the newly installed hard surfaces. The soils here are shallow and overlie rock. As a result soakaways quickly overflow. Inspector's Conclusions 358 During the course of the inquiry, there was a serious flood event in Laxey, and it is important that the risk of further such events should not be exacerbated. In my view it would be poor planning to provide for the development of this site without being certain that measures could be taken to ensure that there would be no increase in the rate of surface water run-off. On the evidence available to me, I am not certain that this would be possible. In the circumstances, I consider that the allocation of this site should be deleted from the Area Plan. 359 I recommend that Site GH020 be deleted from the Area Plan as either a specific housing allocation or as a reserve site for residential development. Site GH038 - Land between Balacollister Road, Rencell Hill and Axenfel Lane, Laxey 360 This is a parcel of about 0.8ha of undeveloped land. The draft Area Plan shows it to fall outside the Existing Settlement Boundary of Laxey, which runs along its northern and
Environmental Policy 22
Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution. 7.17.2 In addition to the above, changes in the activities associated with the current permitted use of land or a building, which in themselves do not constitute development and therefore do not require planning permission, can have an adverse impact on adjacent properties by virtue of noise, light or general disturbance. For example the addition of security lig hting on a property may cause light pollution affecting adjacent properties and the wider area. The introduction of new activities into established parks and recreation areas can have an impact on neighbours. In such cases the Department would advocate t he person or organisation considering the change to give careful consideration to the potential impact of such activity in terms of location, siting and design.
Environment Policy 24
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 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.
Environment Policy 40
to these policies. The final sentence of Urban Environment Proposal 8, which states that there is no presumption against the development of archaeological sites, appears potentially to contradict Environment Policy 40 of the Strategic Plan, which indicates that development which would damage, disturb 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, whic
protect open space
Recreation Policy 2: Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances: (a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and (b) where there would be an overall com munity gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area. 10.3.6 In the case of residential developments for 10 or more dwellings, the Department proposes to adopt the following general standards (which refer to the area required per 1000 head of population): Recreational Open Space Sports Pitches 1.8 ha Children's Play Space 0.6 ha Amenity Space 0.8 ha 10.3.7 These general standards will be applied having regard to the following circumstances: (i) the size, type, and particular needs of the resident population in question; (ii) the needs of visitors to the area; and (iii) the proximity and availability of existing Open Space, including the foreshore, public glens and parks, and school fields which may be available for public use outside of school hours. More detail is set out in Appendix 6. 10.3.8 The Department has therefore adopted the following policy such as to plan positively for the provision of well-designed recreational and amenity space.
Recreational Policy 5
Recreation Policy 5: Area Plans will identify areas where improvements to informal access to the countryside can be made and to the public footpath network. Existing public rights of way should be retained and any development which affects these will be permitted only if it p rovides diversions which are no less direct or attractive than existing routes. 10.4 General Leisure 10.4.1 In 2003 the Department of Tourism and Leisure approved a General Leisure Strategy for the Island. It includes sections on: Leisure and Tourism The Manx Countryside Seascape and Coastline National Leisure Facilities Local Leisure Facilities Children and Young People Entertainment and Nightlife Access and Opportunities Funding for Leisure 10.4.2 Each section includes policy statement or statement s and an agenda for action. The policy statement generally accords with the Strategic Objections and Policies of the Strategic Plan. The agenda for action points relate to a number of Government Departments, local authorities and other agencies. Agenda for Action 3.1 suggest that the Department of Local Government and the Environment should designate suitably located land in the Island Strategic Plan for future leisure development. The Department is fully supportive of the policies in the General Leisur e Strategy but the Strategic Plan is not the appropriate vehicle for such a suggestion. The Department will however continue to consult with the Department of Tourism and Leisure in the preparation of Area Plans to establish whether there are appropriate sites for proposals for the provision of additional leisure facilities which accords with the policy framework of the Strategic Plan and the General Leisure Strategy. 10.5 Civic and Community Facilities 10.5.1 Community facilities are those services or facilities that provide for the needs of the Island population. As such, they should be appropriate to the needs of the Island's population and be located as to be easily accessible. Community facilities include community centres, medical facilities, plac es of worship, schools, nurseries, library services and premises which provide an element of care for those sectors of the community that are in need of this. 10.5.2 It is not for the Strategic Plan to address or determine the needs for community facilities, but to address the land use issues arising from such proposals. Where there are known site requirements these will be safeguarded in the relevant Area Plans for that area. Proposals for such uses will therefore be assessed against general criteria based policies. 10.5.3 It is one of Government's general policies to promote equity and equality of access to education, health, community and recreation facilities, services and the wider environment for all sectors of the community. 10.6 Neighbourhood Centres 10.6.1 The provision within residential areas of small shops, often combined with sub -post offices and off -licence facilities, occupies an important place in the range of shopping facilities available. Many people are dependent on such shops, these being the only shops to which access can be gained easily on foot, without relying on public or private transport. In addition, such a facility may not only be considered a desirable service, but may also serve as a focus of community life and help sustain a small community. 10.6.2 Local shopping/neighbourhood centres, typically described as local centres, usually comprise a newsagent, a general grocery store, a sub -post office and occasionally a pharmacy, a hairdresser and other small shops of a loc al nature. Allied to this may also be a community centre/meeting place to serve the immediate local community. With the increased focus on recycling, local centres are ideal sites for local recycling facilities. 10.6.3 In requesting community facilities within new and expanding developments, account needs to be taken of the size, type and particular needs of the new resident population. However, account must also be taken of availability and proximity of existing community facilities. Community benefit in this context is defined as one or more of the following: sub post - office/general store, doctor's surgery and community meeting centres. 10.6.4 The following policy is therefore adopted to ensure the provision of appropriate facilities within new residential developments.
Transport Policy 13
Transport Policy 13: Development in or around harbours should neither compromise the ability of the harbour to accommodate other commercial or recreational users in a viable manner, nor be detrimental to the character of those harbours of historic interest.
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. This approval only relates to the construction, use and decommissioning of the contractors' area, lagoon and pipelines (transport and dewatering). No approval is given for any dredging works within Peel Marina as part of this application. No approval is given for any works outside the redline boundaries shown on drawing number 535/002/1 (date stamped as having been received 07.02.19) and drawing number 535/002/2 (date stamped - as having been received 11.12.18).
Condition 3
3. Within 5 years of the date of this approval becoming final, the lagoon and pipework shall be decommissioned and the site restored in accordance with the details set out in paragraphs 2.6.16 - 2.6.22, 2.7.8 and 2.8.4 of the Environmental Impact Assessment date stamped as having been received on 07.02.19.
Condition 4
4. Within 5 years of the date of this approval becoming final, the use of the contractors area as outlined in red on drawing number 535/002/2 (date stamped as having been received 11.12.18) shall cease, including the removal of all material and fencing.
Condition 5
5. The timing of works shall only be as per paragraphs 2.10.1 - 2.10.2 of the Environmental Impact Assessment date stamped as having been received on 07.02.19.
Condition 6
6. The lagoon shall be constructed in accordance with the details set out in 2.6.1 2.6.15 of the of the Environmental Impact Assessment date stamped as having been received on 07.02.19 unless otherwise required by conditions set out in this notice.
Condition 7
7. Prior to the use of the contractors area as outlined in red on drawing number 535/002/2 details shall be submitted to and approved in writing by the Department setting out: - o how the area is to be used; - o any temporary structures/buildings to be installed; and - o any fencing to be installed.
Condition 8
8. Prior to the commencement of the development hereby approved, a Lighting Plan shall be submitted to and approved in writing by the Department, which includes, but is not limited to, measures to protect the river from light spill. The plan shall clarify for each element of lighting at what stage it shall be removed. The development shall not be carried out other than in accordance with the approved plan.
Condition 9
9. No pumps shall be used as part of the development hereby permitted unless the details of the pump to be used (including hours of use) have been approved in writing by the Department.
Condition 10
10. Prior to the commencement of the development hereby approved, the following information shall be submitted to and approved in writing by the Department and the development shall not take place unless in accordance with the approved details: - o calculations proving the structural integrity of the construction of the lagoons; - o construction drawings showing how the bund would be constructed; - o inspection regime for the lagoons in particular embankment checks; - o explanation of how consideration has been given to overflow of the lagoons if heavy rainfall occurred would they over top if so will there be a spillway and where would it discharge to; - o breach analysis if the lagoon embankment were to breach what would be consequence; and - o Emergency procedures should breach analysis highlight risk.
Condition 11
11. Any dewatering shall use the methods set out in paragraphs 2.5.1 - 2.5.16 of the Environmental Impact Assessment date stamped as having been received on 07.02.19.
Condition 12
12. There shall be no discharge of dewatering effluent other than as set out in paragraphs per 2.5.17 - 2.5.19 of the Environmental Impact Assessment.
Condition 13
13. Prior to the treatment of any dewatered sediment, as set out in paragraphs 2.5.15 2.5.16 of the Environmental Impact Assessment date stamped as having been received on 07.02.19, a method statement shall be submitted to and approved in writing by the Department. No treatment may take place other than in accordance with the approved details.
Condition 14
14. If a transport pipeline is used to transport dredged material into the lagoons, it shall be installed, used and decommissioned in accordance with 2.7.1 - 2.7.8 of the Environmental Impact Assessment date stamped as having been received on 07.02.19, unless otherwise required by the conditions set out on this notice.
Condition 15
15. The discharge pipeline shall be installed, used and decommissioned in accordance with 2.8.1 - 2.8.4 of the Environmental Impact Assessment date stamped as having been received on 07.02.19. unless otherwise required by the conditions set out on this notice.
Condition 16
16. No transport or discharge pipeline shall: - o be installed which is placed on, or attached to, the river bed; or - o be installed which is more than 500mm wide.
Condition 17
17. No pipeline shall cross a footpath unless it is covered by a ramp which is in accordance with figure 2-10 and paragraph 11.3.17 of the Environmental Impact Assessment date stamped as having been received on 07.02.19 or other details which have first been approved in writing by the Department.
Condition 18
18. In the event that a raised walkway is required to retain the footpath at a width as required by the condition below, details of this, including any timings for installation and end date for removal, shall be submitted to and approved in writing by the Department and the walkway shall be installed and removed in accordance with the approved details.
Condition 19
19. The width of the Heritage Trail footpath shall not be reduced to below 1.5 metres or its current width, whichever is less.
Condition 20
20. No vegetation clearance (including tree cutting or felling) shall be undertaken unless in accordance with details which have first been approved in writing by the Department, and such details shall include details of any replacement planting that is proposed.
Condition 21
21. Prior to the commencement of any works to install any pipeline hereby approved, a suitably qualified ecologist shall undertake a site walkover survey of the pipeline route corridor to identify any routing opportunities and/or constraints relating to common lizard habitat, and prepare a species mitigation plan. The plan shall be submitted to and approved in writing by the Department prior to the commencement of any works to install a pipeline, and the development shall be undertaken in full accordance with the approved plan. The plan shall include the following information: - o The preferred pipeline route between the riverbank and the dewatering lagoon. - o The preferred locations for pipeline anchors and public / vehicular access ramps - o across the pipeline route. - o A precautionary method of working detailing a methodology for vegetation - o Clearance and dismantling of refugia during pipeline installation and removal - o works; - o Measures to protect areas of suitable adjacent common lizard habitat (e.g. fencing - o to protect important refugia); and - o A translocation protocol to be followed if reptiles are found on site, including the - o location of a suitable receptor area.
Condition 22
22. Prior to commencement of any works or development a detailed Mitigation Strategy and Management Plan for protection of nesting birds both during construction and decommissioning of the development, carried out by a suitably qualified ecologist, shall be submitted to and approved in writing by the Department. Any site clearance cannot be undertaken prior to the condition being discharged and the development shall not be commenced prior to the written approval of the scheme by the Department. The developer shall thereafter secure and implement such measures in accordance with the requirements of the approved scheme.
Condition 23
23. During the pipeline installation and removal works, a suitably qualified ecologist shall be present as an Ecological Clerk of Works to ensure that the works will be undertaken in accordance with the species mitigation plan (as required by condition 19).
Condition 24
24. Prior to and during the construction of the lagoon the Archaeological Disturbance mitigation measures as set out 12.3.12 - 12.3.13 of the Environmental Impact Assessment date stamped as having been received on 07.02.19, shall be fully implemented.
Condition 25
25. Prior to the completion of the lagoon details of the proposed treatment to be applied to the external sides and crest of the bunds shall be submitted to and approved in writing by the Department. Unless stipulated and agreed otherwise, within one month of the details being approved the external sides and crest of the bunds shall be treated in accordance with details and thereafter maintained for the period of the project until decommissioning. The details shall provide for seeding at least the sides up to a height of at least 300 mm below the top, together with measures for maintenance and re-seeding if any part fails.
Condition 26
26. Prior to the commencement of the construction of the lagoon hereby approved, details shall be submitted to and approved in writing by the Department which set out the vehicles to be used to access the site (including during its construction) and, in the event that any of these are more than 10 metres in length, the details shall include updated swept path analysis which demonstrates that the vehicles can access the site safely.
Condition 27
27. Prior to the commencement of the development hereby permitted, a parking strategy shall be submitted to and approved in writing by the Department. The strategy shall include details of both staff parking and any work vehicles.
Condition 28
28. Prior to the commencement of the development hereby approved, details shall be submitted to and approved in writing by the Department, which set out how the vehicles to be used to access the site will safely pass pedestrians using the Public Right of Way which runs along the Southern boundary of the lagoon site and joins Mill Road and how any mitigation measures identified will be implemented.
creation of footbridge and water retention scheme, including electrical substation
Inner Harbour Marina development comprising reclamation of land at the Southern end of the harbour to provide a boat park and car parking, installation of fully serviced floating pontoons, erection of a toilet/shower block with offices above, highway amendments and construction of a concrete maintenance platform
Construction of a facility for the temporary (maximum 5 years) storage of dredgings from Peel Marina