11 July 2019 · Delegated
Kingsley House, Phildraw Road, Ballasalla, Isle Of Man, IM9 3eg
This application sought permission to erect a replacement detached dwelling with an attached garage, along with a new access road and landscaping, at The Quadrant, Phildraw Road, Ballasalla on the Isle of Man. The application was considered under delegated powers by the Department of Environment, Food and Agriculture. The case officer recommended approval, and the department determined to permit the development. Eight conditions were attached to the permission. The site has a planning history, with two previous applications referenced in the assessment.
The application was approved by delegated decision on 11 July 2019. The officer recommended approval and the Department of Environment, Food and Agriculture determined to permit the development. Eight conditions were attached to the permission.
Planning Circular 8/89
Proposed Low Density Housing in Parkland
ea Plan deals with Low Density Housing in Parkland (LDHP). This is a designation that is contained in the 1982 Development Plan, and in some subsequent Local Plans. It is also covered by Circular 8/89, which distinguishes between LDHP within and outside settlements. The Circular indicates that, within settlements, there may be further residential development in areas of LDHP, but each dwelling must be substantial and sited in grounds of at least 0.4ha. In areas of LDHP outside settlements, the erection of further dwellings will be permitted only in exceptional circumstances. All trees within areas of LDHP are deemed to be registered. 242 There is no reference to LDHP in the Strategic Plan. I understand that, in the Area Plan for the South, LDHP zones are retained in rural areas, but are subsumed into predominantly residential areas within settlements. Initially, the draft Area Plan proposed that they should be treated similarly in the East. However, in response to objections on this point, from Miss P Newton and others, the Cabinet Office has indicated that it would have no objection to all LDHP areas being retained as they are, and shown as such in the Area Plan. 243 I have some difficulty with this. Site DH011 (Ballanard Woods) is within the existing settlement boundary of Douglas. It is shown as LDHP in the Douglas Local Plan 1998, but as a housing allocation in the present draft Area Plan. In my view, it would be an inefficient use of this land to restrict its development to a density of fewer than three dwellings per hectare. The fact that it remains largely vacant suggests that there may be little effective demand for the development of such low density housing. 244 It seems to me that if areas of LDHP have a special character that is worthy of conservation, they should be designated as Conservation Areas; and if they have trees that justify registration, those trees should be registered. Otherwise, I can see no particular justification for retaining the LDHP designation in the development plan. Accordingly, I recommend against the modification of the draft Area Plan to show areas of Low Density Housing in Parkland, either within or outside settlements. Types of Accommodation 245 Paragraph 8.1.2 of the Strategic Plan refers to 'the aspirations of the population to live in particular parts of the Island'. Paragraph 8.3.2(a) seeks to ensure provision of 'a choice of housing sites in terms of their location, type and size'. Paragraph 3.4.4 of the draft Area Plan itself indicates that a broader choice of homes would provide the flexibility needed for individuals and families to remain on, and be attracted to, the Island. However, at the inquiry, it was argued that these objectives would not be met by effectively concentrating all new housing in the East, in Douglas and Onchan. 246 Ellis Brown particularly expressed their concern that all the residential allocations in the draft Area Plan were for general housing, with no specific provision being made for individual dwellings on large plots, or specialist housing for older people in the form of bungalows, sheltered accommodation or care homes. As presently proposed, the Area Plan would not be in general conformity with the Strategic Plan, as required by law. 247 The draft Area Plan is not prescriptive about the quantity, form or location of specialist housing for particular social groups, such as elderly people. Although paragraph 8.4.4 of the Strategic Plan suggests that some of the issues associated with an ageing population can be addressed through the preparation of Area Plans (including the provision of land for residential homes) this is not mandatory. It seems to me that specialist accommodation for elderly people could potentially be provided within any of the general housing allocations. Ideally, such provision should be as close as possible to public transport facilities and other relevant services. However, the providers of such accommodation, whether in the public or private sectors, may be best placed to determine the precise quantity, type and location of the development needed, within the general framework established by the housing land allocations. 248 There will continue to be opportunities to build individual dwellings on plots of various sizes within each of the settlements in the East, for instance by infilling, the sub-division of large curtilages, or redevelopment. This would add to the choice and range of dwellings available. However, a choice of housing will be provided through the recycling of the existing housing stock, as well as by the provision of newly built homes. Housing Allocations 249 I consider that priority should be given to the development of land allocated for residential development within existing settlement boundaries. That land would provide about 560 dwellings, as shown in the Table 1 below. Much of it consists of vacant or underused sites in Douglas, which detract from that town's appearance and vitality. It is important that this land should be restored to
General Policy 2
general standards of development
General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Environment Policy 4
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
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
Prior to the commencement of works, details of the measures to be undertaken to protect all existing trees on site from damage during construction works, must be approved by the Department and the development must be undertaken in accordance with these details.
Condition 3
Prior to the commencement of any building work, details of the species of the trees to be planted must be approved by the Department and the planting scheme undertaken in accordance with those details thereafter.
Condition 4
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Condition 5
Prior to the occupation of the dwelling, the garage, car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter.
Condition 6
Prior to any other construction in association with the development hereby approved, the proposed access shown in the approved drawings must be constructed and the visibility splays shall remain unobstructed at a height of 1.05m thereafter. Once this access is fully available to the dwelling hereby approved, the original access must be permanently blocked off as shown in drawing 020, with banking and hedging to match that to the south.
Condition 7
Prior to the demolition of the existing building, a bat survey must be undertaken to determine whether there are any bats or roosts present. This survey must be approved by the Department. If evidence of bats are found the survey must be accompanied by a report which outlines appropriate mitigation including a timescale of the proposed works and the development must be undertaken in accordance with these approved details.
Condition 8
Prior to the occupation of the new dwelling hereby approved, the existing access shown in drawing 020 to be blocked up, must be closed with banking and hedging to match that to the south.