5 December 2019 · Committee
Garage Showroom Workshop & Premises, Peel Road, Douglas, Isle Of Man, IM1 5ed
Permission was granted for the redevelopment of the former Eurocars garage site on Peel Road, Douglas, Isle of Man. The proposal involves erecting two detached buildings for food and drink use — including a drive-through — alongside a third building providing two commercial retail units, with new car parking, landscaping, lighting, access arrangements, and a sub-station. The site is a rectangular brownfield plot of around 0.7 hectares. The former garage buildings had already been demolished at the time of the application. The ground level sits below Peel Road and falls gently towards the south-western corner of the site. The planning committee approved the application on 5 December 2019, subject to 19 conditions.
The committee approved the application on 5 December 2019. The proposal was assessed against key planning considerations including the principle of development on this allocated site, visual impact on the street scene, effects on neighbouring properties, traffic and parking, flood risk, crime prevention, fire risk, and health impacts. The officer recommended approval and the committee agreed.
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
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 22
Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties
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.
Strategic Policy 1
Development should make the best use of resources
Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under -used land and buildings, and re - using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space (1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services. 4.2.2 In pursuance of (c) abo ve, the Department will, when formulating its programme for the preparation of new Area Plans, have particular regard to: (a) the availability of mains drainage connected to IRIS or other mains systems; (b) securing the future viability of rural primary schools; (c) the public investment in the Island's highway, bus, railway and tramway networks; (d) the provision and availability of water; and (e) community facilities. 4.3 Environment 4.3.1
Strategic Policy 1
Strategic Policy 2
Strategic Policy 6
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 9
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;
Strategic Policy 5
Environment Policy 10
irements of the relevant gas supply agency. Flood Risk 63 There was widespread concern about the adequacy of drainage and the risk of flooding, particularly in parts of Braddan, Onchan and Laxey. Environment Policy 10 of the Strategic Plan indicates that where development is proposed on any site where there is a potential risk of flooding, the prospective developer will be required to submit a flood risk assessment, together with details of proposed mitigation measures. This approach is reinforced in Utilities Proposal 6 of the draft Area Plan, which (among other things) requires the incorporation of Sustainable Drainage Systems (SuDS) into new developments, to attenuate the rate of surface water run-off. I consider these policies to be reasonable. Clearly, without adequate mitigation measures, new building should normally be resisted on land which is at serious risk of flooding, or where the proposed development would increase the flood risk elsewhere. 64 In my view, the format of Utilities Proposal 6 could be improved. First, as a Proposal of the Area Plan, I consider that it should be in a bold typeface, to differentiate it from the supporting text. (The same applies to a number of other policies e.g. Transport Policy 2, and Utilities Policies 2 and 5). Second, there appears to be an error of syntax at the start of the second sentence of Utilities Proposal 6, which should perhaps read 'Strategies to achieve this will include …'. Third, the third bullet point of this Proposal introduces SuDS. Subsequent bullet points describe features of SuDS, and are therefore subordinate to the third bullet point. For clarity, I consider that they should be indented. I recommend that the draft Area Plan be modified accordingly. Sewage Treatment 65 There was also some public concern about the adequacy of the sewerage system, both in terms of its capacity to accommodate the effluent from proposed residential development areas, and in terms of the current practice of discharging untreated sewage into the sea. Infrastructure Policy 1 of the Strategic Plan indicates that developments entailing the erection of multiple dwellings should take place only on sites that will ultimately be connected to the IRIS system, which takes sewage to a treatment works at Meary Veg. (IRIS is an acronym for Integration and Recycling of the Island's Sewage). However, as long ago as 2006/7, a review was undertaken to decide whether to continue with the IRIS strategy. This concluded that it would be beneficial to adopt a regional sewage treatment strategy (RSTS) for those settlements that were not already connected to the IRIS system, including Laxey, Baldrine and settlements in the Central Valley. To that extent, Infrastructure Policy 1 of the Strategic Plan is now out of date. 66 I understand that a planning application will soon be submitted for the development of a local sewage treatment facility for Laxey. Feasibility studies for the provision of a similar facility to serve Baldrine are ongoing. A replacement sewage works at Ballagarey, serving part of the Central Valley became operational in 2018. However, capacity limitations mean that planned development in Crosby is likely to have to rely on standalone sewage treatment for the time being, until the existing treatment works is replaced as anticipated in 2022. The Programme for Government (2016-2021) indicates an intention to complete the regional sewage treatment infrastructure within the lifetime of the present administration. 67 It seems to me that these considerations should be taken into account in the allocation and phasing of land for development. I will return to this matter when considering the draft Area Plan's proposals for housing. Electricity Renewable Energy 68 Peel Energy considered that the Area Plan should contain a detailed and specific chapter on renewable energy, providing measurable criteria against which applications for the development of renewable power generating facilities would be assessed. They cited the States of Jersey Island Plan 2011, which includes such material. And they pointed out that a Climate Change Emergency has recently been declared on the Isle of Man; that a Climate Change Bill is soon to be presented to Tynwald; and that there has been strong public support for the Government's Climate Change Mitigation Strategy. They argued that, in failing to provide detailed guidance on renewable power generation, the Area Plan was inconsistent with the Strategic Plan; and that since the Area Plan post-dated the Strategic Plan, its largely negative provisions would prevail. 69 Energy Policy 4 of the Strategic Plan applies to development proposals for renewable energy generated by wind, water, tidal or solar power. It indicates that any such proposals will be judged against that Plan's environmental objectives. Proposals for wind, water or tidal power would need to be supported by an Environmental Impact Assessment. The supporting text indicates that renewable energy schemes will be given similar scrutiny as is gi
Environment Policy 13
Development which would result in an unacceptable risk from flooding
Environment Policy 13: Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted. 7.13. Agriculture 7.13.1. Agriculture is an integral and vital part of the rural economy and rural society and to a great degree is responsible for the appearance and stewardship of the countryside. The Island's farms not only provide the community with a healthy proportion of meat and vegetable produce but also provide employment opportunities. It is important to sustain agric ultural industry by safeguarding its prime resources, by allowing appropriately designed and sited new buildings (where need is established) and by encouraging conservation -based land management regimes (including appropriate tree and shrub planting). Howe ver, this must not be at the expense of the appearance and character or openness of the landscape, or result in the loss of traditional hedgerows and field boundaries or the loss of limited areas of good quality agricultural land. A recent study on agricultural soils on the Isle of Man (1) revealed that the majority of the agricultural land on the Island (80.26%) fell within Class 3, based on the land use capability class system in England and Wales (classes range from Class 1 to 5, with Class 1 being the mo st versatile land). Class 3 land characteristics can be summarised as land with moderate limitations which restrict the choice of crops and/or demand careful management. Only 4.87% of agricultural land falls within Classes 1 and 2. According to the agricultural land use capability map (figure 4 of the study), all of the Class 1/2 land of which Class 1 is the dominant class can be found in the south of the Island to the east of Ballasalla. New Area Plans will include a general presumption against the rel ease of Class 1 and 2 agricultural land for development. The highest level of protection will apply to the highest graded quality of land with Classes 1 and 2 soils being afforded most protection from development and being taken out of agricultural use. Where there is a proposal to develop land which is categorised in the Agricultural Soils of the Isle of Man report as being mixed Classes 2 and 3, those wishing to develop the land should ascertain which parts of the site represent higher grade of soil wi th these parts being avoided for development purposes. 7.13.2 One of the prime considerations in the determination of development proposals in the countryside will continue to be the conservation and enhancement of the landscape. In terms of the di versification of farms and farm buildings, there may be some circumstances where this may be appropriate and it is acknowledged that small scale enterprises can promote healthy economic activity in rural areas whether this be for commercial, industrial, tourism, sport or recreation uses. There is, however, a general presumption against the introduction of new uses into the countryside (including industrial or office uses): (a) for which there is no local need; (b) which would materially effect the rural character of an area; (c) which would necessitate the creation of new buildings; and (d) which would be more appropriate in industrial zones, business parks or within urban centres. 7.13.3 In recent years there has been increasing demand for new development and buildings in the countryside, particularly for new modern agricultural buildings. Such buildings can have, and in a number of areas already have had an adverse effect on the character and appearance of the landscape, particularly when sited in exposed locations away from building groups and on elevated land. It is important that new development should be compatible with the character of the surrounding area, and the need for n ew buildings in the countryside will be balanced against the harm that development may have on the particular environment within which it is proposed. In terms of new agricultural dwellings, permission will not be granted unless real agricultural need is demonstrated and will in every case be assessed in terms of need, sensitive siting, design, and size, and be subject to an agricultural occupancy condition. (1) Agricultural Soils of the Isle of Man, Harris et al, (Centre for Manx Studies) 2001 7.13.4 It is recognised that there have been considerable changes in the economy in the last twenty years. The number of people in full time agricultural employment has reduced for a number of reasons including increased mechanisation, reductions in the number of farms; and increases in the size of farm holdings. In many cases smaller farms have been amalgamated into larger units to increase economic viability. This has often been accompanied by the sale of former farmhouses and cottages to those who do not earn their employment in agriculture. At the same time there has been an increase in part time involvement in farming either where the income from agriculture is supplemented by other employment or where the person's main employment is not in agriculture but they farm on a part time basis. In considering the applications for new houses in the coun tryside the Department will give careful consideration to agriculture justification based on full time employment in agriculture. See also Section 8.9 in Chapter 8 - Housing.
Environment Policy 42
New development in existing settlements must be designed to take account of the particular character
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.''
Environment Policy 43
The Department will generally support proposals which seek to regenerate run-down urban and rural areas
the continued regeneration within Douglas, particularly around the Promenades and Quayside and Douglas Regeneration Area to create further housing, employment, retail and leisure opportunities. Environment Policy 43 of the Strategic Plan recognises that there are some areas showing signs of deterioration and degradation, limited investment, empty and underused buildings, derelict sites and generally poor environments. It suggests that areas that could benefit from regeneration should be identified in Area Plans and any schemes or proposals whether for refurbishment, environmental improvements or complete redevelopment must be formulated by involving the local community which would be directly affected by the regeneration of the area. Re-use of sound built fabric, rather than its demolition will be encouraged. Comprehensive Treatment Area Objectives The objectives are to: i. Optimise use of land and buildings; ii. Unlock difficult sites; iii. Assist with a co-ordinated approach to development; iv. Improve the urban environment and visual amenity; v. Encourage further investment; vi. Provide for space for Douglas Town Centre to grow; and vii. Improve access and provide better linkages. Area Plan Desired Outcomes The outcomes for each identified 'treatment area' will be tied to the proposed mix of uses on each site. The desired outcomes can be summarised under the following headings - many of which are interlinked: i. Urban Design and Integration a. To provide urban design outcomes which recognise the history of each area, their relationships to neighbouring land uses and features and takes into account appropriate transition from one land use to the next. ii. Infrastructure a. General/grey - to ensure that development staging is co-ordinated with the delivery of infrastructure and to create a road network that is permeable. b. Green - to e stablish appropriate public open space assets that are visually and physically linked via the local road network and associated pedestrian and cycling trails and waterways. To protect character in terms of landscape quality and nature conservation value with settlement boundaries. iii. Uses a. Provision of retail, community services, leisure without compromising the function and role of nearby activity centres, and which facilitates efficient and direct pedestrian, cyclist and vehicle movement. iv. Making a positive contribution a. To create an attractive urban environment that features tree -lined streets and attractive open spaces with high-amenity landscaping. v. Making the best use of resources a. Areas have been chosen because of their ability to complement existing town centres uses, and to take advantage of the roads and service infrastructure already in-place. b. To ensure balance between water quality, biodiversity, recreation and visual amenity while optimising developable land within settlement limits. vi. A more integrated transport network a. Provide realistic and workable alternatives to the use of private vehicles through the creation of direct links for pedestrians, cyclists and public transport users to town centre and retail areas, to schools, leisure facilities and other community assets. Key features of Comprehensive Treatment Areas in the East The proposals set out in this Plan: • Identify four CTAs in Douglas and one in Onchan; • Have a strong treatment focus on delivering quality urban environments, with a complementary mix of land uses and clear underlying visioning; • Translate to mapped areas without defined edges; • Describe the treatment which is proposed; and • Intend the period, within which that treatment is to begin , as being within 5 years beginning with the date on which the Plan is adopted. Proposed Comprehensive Treatment Areas in the East Comprehensive Treatment Area 1 - The Villiers (area is shown on Map 5) Despite planning approval for a variety of uses having been granted, much of the site remains undeveloped and has done for some time. The site has a negative effect on this prominent area of Douglas and impacts on the appearance of the Promenade as a whole. The area fronting the Promenade should either be developed or its appearance improved by creating an attractive public space. Re -development of the wider area would not be discounted, although where existing buildings are attractive and have a sound fabric, they should be incorporated into any wider scheme. The Central Douglas Masterplan suggests there is opportunity to support the intensification of the high street through the removal of some buildings on Duke Street. The Villiers site CTA is also a strategic freight corridor and maintaining access for commercial vehicles, including HGV's, must be considered in any proposed development. CTA Proposal 1 - The Villiers (Treatment Plan) Development of this area shall include office, leisure, retail, hotel, residential, entertainment venues, food and d rink uses and public open space or a combination thereof; or the laying out of
Business Policy 5
Business Policy 5: On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution; retailing will not be permitted except where either: (a) the items to be sold could not reasonably be sold from a town centre location because of their size or nature; or (b) the items to be sold are produced on the site and their sale could not reasonably be severed from the overall business; and, in respect of (a) or (b), where it can be demonstrated that the sales would not detract from the vitality and viabil ity of the appropriate town centre shopping area. 9.2.7 Where industrial development is proposed, it is essential that all parking and manoeuvring by vehicles which will be generated by the use of the site can be accommodated within the site and off the highway. This is particularly important within industrial estates where lack of parking and manoeuvring space can create significant difficulties for other estate users, particularly where the use of large and articulated vehicles is involved. Where mezzani ne levels are proposed after a building has been completed, the Department may require more parking space to accommodate the additional traffic which would be generated. The standards of parking provision which will be required are set out in Appendix 7. 9.2.8 Local requirements for industrial development of a particular sort will be identified during the preparation of Area Plans. The Department is aware that, within some parts of the Island, there is a demand for small "starter units".
Business Policy 6
Where land is zoned in Area Plans for industrial use, the Department will include development briefs
Business Policy 6: Where land is zoned in Area Plans for industrial use, the Department will include development briefs which identify any particular local needs. 9.3 Commerce 9.3.1 Commerce, and in particular the finance industry, has become our most significant indus try in terms of contribution to both the GDP and employment. Additionally, professional and scientific services contribute 15% to the GDP and 18.2% to employment, whilst public administration contributes a further 4% to the GDP and 8% to employment. 9.3.2 Most of this activity is located in our town centres and in particular in Douglas, although there are also office developments in Onchan, Ramsey, Castletown, Peel, Port Erin, Port St Mary, Laxey and Ballasalla. 9.3.3 The Department has supported the location of offices in town and village centres for several reasons: (a) such centres are accessible to all members of the community, staff and visitors alike; (b) the activity and range of services contribute to the vitality and success of the centres; and (c) the investment in property can be used to renew the ageing fabric of our town centre buildings. 9.3.4 There are exceptions to this general approach: (a) Corporate Headquarters which do not attract day to day callers may usually be located on one of the Business Parks; (b) some of our larger buildings of acknowledged historic or architectural interest are unsuited to any but office use, which thus represents the best or possibly only opportunity to secure re-use of the building; and (c) working from home; where this does not result either in staff being employed or in day to day callers, there need be no detriment to the residential area, and there should be less travelling involved; this is also one way of encouraging the formation of new local businesses. The Department therefore proposes that, with these exceptions, the established policy for the location of new office space should be continued.
Business Policy 9
The Department will support new retail provision in existing retail areas
Business Policy 9: The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment(1). (1) Retail Impact Assessment is defined in Appendix1.
Business Policy 10
Retail development will be permitted only in established town and village centres
Business Policy 10: Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5. 9.4.4 For the purposes of Business Policy 9 major retail development will be classed as any new or increase in existing retail development of more than 500 sq. metres of floor space measured externally. For the purposes of Business Policy 10 new nei ghbourhood shops within new residential developments will not normally comprise more than 100sq metres of floor space measured externally. 9.4.5 It is accepted that in some circumstances a mix of uses can be appropriate within town centre locations such as residential flats above retail units or office accommodation, particularly where this can help to ensure the use of the area at different times during the day, thus helping to ensure the security and vitality of these areas. 9.5 Tourism 9.5.1 "Tourism" has been defined by the Tourism Society as "the temporary short term movement of people to destinations outside the places where they normally live and work and their activities during their stay at these destinations", and it covers a very wide range of activities and types of development. This may include travel and visits for business, professional, and domestic purposes as well as for holidays and recreation. 9.5.2 Tourism has historically been an important element in the Island's economy, and after a period of steady decline visitor numbers to the Island are once again starting to increase. A reliance on the traditional high volume, low yield holidays of the nineteenth and early twentieth centuries is long gone, with a swing towards high yield, lower volume tourism such as business trips, short breaks and special interest attractions. 9.5.3 It is considered that the Island's primary assets to tourists and visitors alike are its unique historical landscape, culture and heritage, as well as a wide rang e of specialist events and attractions. Many activities and facilities providing for the Island's tourists require no permanent development: the TT Races, for example which attract by far the most significant number of tourists to the Island of any event h eld here, require little but the Grandstand on Glencrutchery Road and a small number of modest marshals' shelters around the Course. Tourism can, however require the erection of built structures - holiday accommodation being the most frequently requested f orm of new development required in association with the tourism industry. It is important that a balance be struck between the needs of tourism and the protection of these assets, and that tourism development should be sustainable in accordance with the ob jectives of this plan. There is no special reason why less demanding policies should be applied to tourism development than for other types of development in the countryside, and larger scale schemes may have to be the subject of an environmental impact assessment before planning permission is granted, as with any other form of large scale development. 9.5.4 The Department of Tourism and Leisure is responsible for the development of the tourism strategy for the Island. The current version of the Tourism Strateg y - "Fit for the Future" was approved by Tynwald in April 2004. One of the key issues identified in that strategy is the need to broaden the range of tourist accommodation: "Long term development is also being hindered by the lack of bed spaces in genera l and of the quality now being required to service our customer's base in particular. It is a necessary requirement that existing bed stock continues to upgrade and the Department will ensure appropriate support is put in place to enable existing business to develop. In addition the Department also needs to provide support for the building of new bed stock on an Island wide basis. There also needs to be recognition that the local property market can have a major impact on future tourism development. If there is a continued loss of traditional resort accommodation taking advantage of the high cost of residential property then there will be a heavy reliance on new build hotels if serviced stock levels are to be retained or increased" (1) 9.5.5 In recognition of this the Department proposes that new forms of contemporary tourism development will be welcomed, particularly those that satisfy customer demand for high quality accommodation in rural areas provided that they comply with the policies in the plan. Farmhouse accommodation or quality self catering units in barn conversions and making use of rural activities will be encouraged but must comply with General Policy 3 and Business Policy 9. Other forms of quality accommodation in rural areas wi ll be considered, including the provision of hostels and similar accommodation suitable for walkers but must comply with General Policy 3 and Business Policy 11. 9.5.6 Area Plans may address a number of tourism issues, including current and future visitor trends and how they might impact upon the existing and future environment (for example through demand for certain types of accommodation, traffic generation, and parking requirements), an identification of areas where changing tourism trends are likely to result in demand to re -use or redevelop tourism buildings, and how key tourism assets such as natural landscapes cultural heritage and historic town centres can be protected. The role of an Area Plan should not be to provide a strategy for tourism but rat her to facilitate possible development by way of appropriate policies and guidance. 9.5.7 Although previous Local Plans have applied a "Tourism" designation to areas with a large number of hotels, such a designation is becoming less appropriate in many towns and villages as the reduced demand for larger Victorian hotels results in conversion to private residential use. It is now more likely that a Tourism designation be given to specific tourist attractions and existing large individual hotel sites, with new t ourist accommodation incorporated into areas of mixed or residential use. Wider areas which still include a large tourism element, such as Douglas Promenade, may be designated for "Residential/ Tourism" use (other potential uses may be identified and incl uded in a mixed designation if appropriate). 9.5.8 The use of existing private residential properties as tourist accommodation may be acceptable if it can be demonstrated that it will not compromise the amenities of any neighbouring residents. In Chapte r 7, there are described the circumstances in which redundant buildings in the countryside can be converted into dwellings. These policies apply equally to tourist use, except that it may very often be possible to convert to tourist use buildings which ar e too small to form a satisfactory permanent dwelling. The following policies and proposal are thus appropriate:
Transport Policy 1
New development should, where possible, be located close to existing public transport facilities
Transport Policy 1: New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes.
Transport Policy 2
The layout of development should, where appropriate, make provision for new bus, pedestrian and cycle routes
Transport Policy 2: The layout of development should, where appropriate, make provision for new bus, pedestrian and cycle routes, including linking into existing systems. 11.2.5 The Island is fortunate to have an historic vintage rail network, which includes the Isle of Man Steam Railway, the Manx Electric Railway, the Snaefell Mountain Railway, the Groudle Glen Railway and the horse trams which run along Douglas Promenade. Development on or around the rail network should not compromise its attraction as a tourism and leisure facility or the potential for increased use as a public transport system, for examp le as a means of travelling to work. 11.2.6 In addition to the present rail network there exist former railway routes, most notably between Douglas and Peel and from Peel to Ramsey. These trackbeds are predominantly utilised as public footpaths and in som e cases as cycleways as well. A number have been designated utility service corridors which may affect their potential as public transport routes. They should be protected from development which would diminish their attraction or potential as public transport routes.
Transport Policy 3
New development on or around existing and former rail routes should not compromise their attraction
Transport Policy 3: New development on or around existing and former rail routes should not compromise their attraction as a tourism and leisure facility or their potential as public transport routes, or cycle / leisure footpath routes. 11.3 Highways and Traffic 11.3.1 The ability of new and existing highways to safely and efficiently accommodate the traffic generated by new development is an important factor when considering the location and layout of new development. Not only must the tr affic routes involved be of a size which is capable of taking the projected volume of traffic but they must also be designed so that points of potential traffic conflict such as junctions and roundabouts are in an appropriate location and of a suitable des ign, including provision for pedestrians. The need for new and improved highways in order to facilitate new development must be balanced against the environmental objectives of this plan.
Transport Policy 4
The new and existing highways which serve any new development must be designed
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.
Transport Policy 6
In the design of new development and transport facilities the needs of pedestrians
Transport Policy 6: In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users. 11.5. Car Parking 11.5.1 The level of car parking provided in new development is critical to creating more sustainable development. Too little and the traffic generated can create problems on adjacent streets. Too much can increase congestion and delay public transport. The problem is most severe in existing settlements and at its worst in the Douglas area. 11.5.2 In respect of town centre office development, it has been the Department's usual practice to require the provision of one parking space per 50sq metres of nett office floor space, such parking spaces to be provided preferably on site but otherwise conveniently close to the site. The standard of 1 space per 50sq metres is based on: 1/3 staff walking or cycling: 1/3 travelling by public transport and 1/3 by private car. This provision is very often rather less than the demand created by the development. In the case of office developments outside of the town centre, the requirement is usually one parking space per 15sq metres of nett office floor space, a ratio which reflects more accurately the actual demand for parking space arising from the office use. The Douglas Local Plan did in fact invite consideration of other options whereby either the requirement should be increased such as to meet fully the demand for parking space, or the requirement should be reduced so that, with proper enforcement of on-street parking restrictions, fewer workers would come into town by car. 11.5.3 The long term target is to reduce the level of car parking required for town centre developments and seek to develop more sustainable staff and visitor transport plans including improved public transport, staff buses, shared and pooled cars, cycling and walking. Consideration should be given to the provision of cycle parking for staff and customers in non -residential development and to the provision of secure cycle stores in apartments. In the shorter term, the Department proposes the following general policy in respect of parking provision.
Transport Policy 7
The Department will require that in all new development, parking provision must be in accordance
Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7. 11.5.4 New development can have a significant impact in terms of the traffic generated by it and the impact on the various modes of travel. The Department considers that proposals which are likely to be significant traffic generators should be accompanied by a Transport Assessment(1) which should look at all modes of transport including access by public transport, cycling and on foot.
Transport Policy 8
The Department will require all applications for major development to be accompanied by a Transport Assessment
Transport Policy 8: The Department will require all applications for major development to be accompanied by a Transport Assessment. 11.6 Airports and Airfields 11.6.1 Whilst it is acknowledged that airport development in general will be necessary in order to serve the economic and recreational needs of the Island, such need should be balanced against the environmental consequences that development may have, in particular visual, traffic, and noise impacts. 11.6.2 The aim of the Department of Transport Airports Division is "to ensure that sufficient operating capacity is provided to meet present and anticipated demand, so that the travelling public have the facilities and service they require." The Ronaldsway Airport Master Plan published by the Department of Transport in April 2000 anticipates that the Airp ort will require increasing levels of space in order to satisfy a projected Island economic growth rate of 4% p.a. and to operate efficiently in the future. The Master Plan indicates that space is likely to be required for uses such as hangar/engineering development, apron extension, and car parking. In 2006, planning permission was granted for Runway End Safety Areas (RESA)/runway extension and, at the time of writing, was the subject of an appeal. The Department of Transport updated the Airport Master Pl an in 2006. This indicates that any new or extended facilities required by growth in air traffic and/or passenger numbers for the low and high forecasts including in the Master Plan can be accommodated within the existing perimeter of the airport. Accord ingly, while the Spatial Strategy identifies the Gateway role of the Airport there do not appear to be any strategic land use implications from the Master Plan. The recent announcement by the Department of Transport to provide a by-pass to the East of Bal lasalla will resolve current problems within the village; improve access to the Airport from Douglas; and address any traffic generated by growth in the use of the airport. 11.6.3 The operation of the Airport in a safe and efficient manner also depends u pon the safeguarding of approach and departure routes to ensure that new development does not represent an undue risk to air travellers or those on the ground. Policies and guidance in respect of the location, size, and form of new development in the vicin ity of Ronaldsway Airport should be included in the area plan covering Castletown and Malew. Associated with the principal Runway 08, extending south -west over Castletown is the Public Safety Zone (PSZ). While the area covered by the PSZ has been reduced twice in the past 20 years in response to increased aviation safety it remains the case that this is the area within which there is statistically a higher risk of an aircraft accident. It is therefore proper practice that, within the PSZ, planning permiss ion should not be granted for any development proposal which is likely to increase significantly the number of persons residing, working, or congregating within the zone. The DoT (Airports Division) should be consulted in relation to development in this ar ea. This area will be incorporated into the new Area Plan for the South. 11.6.4 Jurby Airfield is vested in the Department of Transport but is not licensed, with responsibility for the co -ordination of all activities - whether or not aviation -related - delegated to the Department of Tourism and Leisure. Whilst aviation activity at the airfield is generally limited (1) Transport Assessment is defined in Appendix 1 to lightweight aircraft and occasional military and display uses and there is no current plan to develop Jurby Airfield for other aviation purpo ses, it is the Department of Transport's policy to continue to safeguard the main runway for future emergency and general aviation use only. Andreas Airfield is private and unregistered. It is used for general aviation and by a flying club and as an emer gency landing strip when Ronaldsway is fogbound. Future growth of aviation may require other aviation sites. Should this prove to be the case they will need to be assessed against the environmental policies of the Plan. Any other airfields on the Island are privately owned and unlicensed, and whilst they may not be subject to formal safeguarding requirements the impact of new development on the use of such facilities should be carefully considered.
Community Policy 7
The design of new development and the extension and refurbishment of existing buildings
Community Policy 7: The design of new development and the extension and refurbishment of existing buildings and development must, as far as is reasonably practical, pay due regard to existing best practice so as to help prevent criminal and anti-social behaviour. 10.12.2 The Isle of Man Constabulary has suggested that neighbourhood police stations, where the public can meet police officers, are needed to improve community safety. In the majority of cases these will need to be provided within existin g communities as opportunities arise. Consideration should be given to incorporating such facilities in larger new developments in association with other community facilities.
Community Policy 10
Proposals for the layout and development of land will be permitted only where there is provided proper access for fire-fighting vehicles
Community Policy 10: Proposals for the layout and development of land will be permitted only where there is provided proper access for fire -fighting vehicles and adequate supplies of water for fire-fighting purposes. 10.13.3 Fire prevention can be improved via the development control processes, and the Department has for many years welcomed input to these processes from the Fire Safety Department. Accordingly,
Community Policy 11
Community Policy 11: The design and use of all new buildings and of extensions to existing buildings must, as far as is reasonable and practicable, pay due regard to best practice such as to prevent the outbreak and spread of fire. CHAPTER 11 TRANSPORT, INFRASTRUCTURE AND UTILITIES CONTENTS 11.1 Introduction 11.2 Public Transport 11.3 Highways and Traffic 11.4 Pedestrians 11.5 Car Parking 11.6 Airports and Airfields 11.7 Harbours 11.8 Drainage 11.9 Communications 11.10 Water Supply and Water Conservation CHAPTER 11 TRANSPORT, INFRASTRUCTURE AND UTILITIES 11.1 Introduction 11.1.1 Chapter 2 sets out the Government's Core Purpose and Aims and the Department's Strategic Aim. These policies include in particular the Core Purpose "To maintain and build on the high quality of life enjoyed by the Island's Community." and the aim "To protect and improve the quality of the environment." 11.1.2 The S trategic Objectives in Chapter 3 make reference to the need to develop a more integrated transport strategy which balances the growth in car usage with the promotion of more sustainable alternatives. 11.1.3 In land use planning terms this translates into a more sustainable pattern of development concentrating development in and around existing settlements. Modern society has become increasingly reliant on the private motor vehicle and derives benefits from it. But there is a price to be paid in terms of congestion, air pollution and noise and visual impact. At the same time the environment of the Island and our towns and settlements has evolved over many hundreds of years and in many cases is not capable of adapting to the further pressures of car access and usage without adverse impacts on the environment. 11.1.4 To balance these conflicting needs it is considered that a more integrated transport network needs to be developed to balance the growth in car usage with improvements to other more sustainable alternatives. Over time we need to move to a situation where those who need to travel can do so in a range of different ways wherever this is reasonable and practicable. To this end the Department of Tourism and Leisure considers that a significant cont ribution to maximize the utilization of existing Public Transport would be made if businesses and schools were encouraged to stagger the start and end of working days. The Department of Transport confirm that the staggering of school start times would also maximise the use of existing transport infrastructure both of highways and the bus fleet. The Department of Transport is jointly progressing, with the Department of Education, the concept of School Travel Plans, with the aim of reducing car journeys to and from schools. 11.1.5 Because of the critical link between the land use planning policies of the Development Plan and the transport policies of the Government it is considered essential to develop an Integrated Transport Strategy which will link these two activities which are so critical to developing more sustainable development. 11.1.6 The Government Plan has, within the Sound Infrastructure Aim, the objective "To promote an integrated transport strategy to meet the needs of the local community and visitors". 11.1.7 In 2006, the Department commissioned a Transport Study by consultants 'JMP' to study the effect of development on the highway system. This allowed the proposed Transport Policies to be assessed in the light of up to date surveys and analysis. A further transport assessment consisting of traffic surveys on the Strategic Links, has now been undertaken (2014) to ascertain the current traffic flows and the implications of traffic growth up to 2026. 11.1.8 The original JMP Report (published 2007) identified: The main Strategic Links between the communities on the Island (the Centres referred to in the Spatial Strategy); The status of those Links in terms of condition, capacity, congestion etc.; and The expected impacts of the level of development proposed in the Isle of Man Strategic Plan 2007. 11.1.9 The original Report (2007) identified the Strategic Links in the list below. The 2014 transport assessment which examined up to date traffic data made no change to this list: A1 Douglas - Peel A2 Douglas - Laxey A2 Laxey - Ramsey A3 Castletown - St Johns A3/A4 Peel - Ramsey A5 Douglas - Ballasalla A5 Ballasalla - Castletown A5 Castletown - Port St Mary - Port Erin A18 Douglas - Ramsey 11.1.10 The original JMP Report (2007) identified that the following junctions experienc ed regular traffic congestion: Quarterbridge Mountain Road/Governors Road Glencrutchery Road/Victoria Road 11.1.11 Taking into account the proposed level of new development identified in the Isle of Man Strategic Plan 2007, the JMP Report concluded that the following junctions would suffer more congestion: Quarterbridge Mountain Road/Governors Road Glencrutchery Road/Victoria Road A5/A7 junction Ballasalla Parliament Square Ramsey 11.1.12 The 2014 transport assessment took into account the proposed level and location of new housing development up to 2026 and concluded that: the Strategic Links are, and should, continue to operate within their 3,060 vehicles per hour capacity for the duration of the revised Isle of Man Strategic Plan ( up to 2026); following sensitivity tests on the Ballacraine to Ramsey Strategic Link, there is no requirement to undertake further traffic congestion investigation work in rural village locations such as Kirk Michael; following sensitivity tests, the Castletown to Ballasalla and Ballasalla to Douglas links highlight the requirement for traffic congestion investigation work in Ballasalla in 2026; the Quarterbridge and Governors Hill junctions continue to operate at greater than 85% capacity and the increased traffic flows predicted in all the assessments will increase congestion at these locations; and traffic flows at the Parliament Square junction in Ramsey, Ball acraine junction, and Main Road junction at Onchan are all set to increase by 2026 which will increase congestion at these locations. 11.1.13 An evaluation of this data indicates the increase in traffic flow at Parliament Street in Ramsey can be accommodated by the minor improvement works to increase capacity at this location in 2009. However, the Ballacraine and Onchan Main Road traffic signals will require further assessment during the development of the Area Plans for the West and East of the Island respectively to ensure these junctions do not become subject to a high level of congestion. 11.1.14 As the Isle of Man Strategic Plan is a document for the whole Island and does not include site specific proposals it is not considered either appropriate or necessary to include policies or proposals in respect of the specific traffic schemes. However, the Area Plans will need to consider both the implications of these schemes and the need for any localised improvements arising from any site specific proposals for new development. 11.1.15 Considering the outcome of the 2007 JMP Report, as well as the latest transport assessment 2014 which examined both the whole strategic route network as well as the local strategic route network, it is judged that the Policies in this Chapter remain appropriate. 11.2 Public Transport 11.2.1 It is considered that in order to support the environmental objectives of this plan the use of public transport as an alternative to the private car should be encouraged. Whilst many of the measures designed to improve public transport systems are not lik ely to involve the planning process, the enhancement of public transport infrastructure - for example
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. The development hereby approved shall not be occupied or operated until the parking, turning areas, associated access and circulating lanes have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Condition 3
3. The development shall not be occupied or operated until the bicycle hoops and motorcycling parking bays have been provided in accordance with the approved plans 010 REV B and shall be retained at all times thereafter.
Condition 4
4. The development hereby approved shall not be occupied or operated until the "footpath link" and associated access onto the former railway line as shown on drawing 010 REV B has be completed and retained thereafter. Reason: to encourage sustainable transport in accordance with the active travel strategy.
Condition 5
5. The development hereby approved shall not commence until full details of additionalsignage within the site as indicated in the Road Safety Audit and also that proposed by theDepartment of Infrastructure have been submitted to and approved in writing by theDepartment and these works shall be carried out as approved and retained thereafter.
Condition 6
6. No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged inany manner during the development phase and thereafter within 5 years from the date ofoccupation of the building for its permitted use, other than in accordance with the approvedplans and particulars. In the event that retained trees become damaged or otherwisedefective during the construction phase due to events outside of the applicant's control theDepartment shall be notified as soon as reasonably practicable and remedial action agreedand implemented.
Condition 7
7. The development hereby approved shall not commence until an arboriculturalmethod statement , which includes adequate details of site supervision by a suitablyqualified and experienced tree specialist, has been prepared in accordance with therecommendations of British Standard BS5837:2012 (Trees in relation to Design, Demolitionand Construction -Recommendations) and agreed in writing by the Department.
Condition 8
8. The arboricultural method statement approved under condition 7 above, includingsite supervision by a suitably qualified and experienced tree specialist, shall be adhered toin full.
Condition 9
9. The completed schedule of site supervision and monitoring of the arboriculturalprotection measures, as approved in condition 7, shall be submitted for approval in writingby the Department in accordance with the timescale agreed in the Arboricultural MethodStatement as per Condition 7. This condition may only be fully discharged on completion ofthe development, subject to satisfactory written evidence of compliance throughcontemporaneous supervision and monitoring of the tree protection throughout constructionby a suitably qualified and pre-appointed tree specialist.
Condition 10
10. No development shall take place until a technical tree planting specification for eachof the 4 large-tree planting locations shown on drawing 010revC is submitted to and agreedin writing by the Department. This specification shall include:
Condition 11
11. The class 3, restaurant use (KFC unit), hereby approved, shall only be open for use by customers, between the hours of 1100hrs and 2300hrs, 7 days a week.
Condition 12
12. The class 3, restaurant use (Starbucks unit), hereby approved, shall only be open for use by customers, between the hours of 0600hrs and 2200hrs, 7 days a week.
Condition 13
13. The class 1, retail unit (Unit 2), hereby approved, shall only be open for use by customers, between the hours of 0900hrs and 1800hrs, 7 days a week.
Condition 14
14. The development hereby approved shall not be occupied or operated until the underground flood alleviation storage tank beneath the car park and in accordance with the Planning Statement Relating to the "Planning Statement Relating to Flood Risk" and the Flood Risk-Additional Technical Information to Accompany (relating to limited discharge rate as a maximum of 26.4l/s from the attenuation storage tank into the culvert) has all been provided in accordance with the approved plans 12 and it shall be retained at all times thereafter.
Condition 15
15. The development hereby approved shall not commence until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved.
Condition 16
16. The visibility splays identified on plan 013; shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level.
Condition 17
17. The development hereby approved shall not be occupied or operated until the external lighting as approve under plan 203 and document "External Lighting - dated 20th August 2018" have been completed in full accordance with these plan/document, and they shall be retained as such thereafter.
Condition 18
18. No development shall commence until a scheme specifying the provisions to be made for the control of noise emissions from the site has been submitted to and approved in writing by the Department.
Condition 19
19. No development shall commence until a scheme specifying the provisions to be made for the control of odour emissions from the site has been submitted to and approved in writing by the Department.