30 December 2019 · Committee
Field 234268, Douglas Road, Kirk Michael, Isle Of Man, IM6 1at
The proposal is to erect two dwellings with a shared access drive directly off Douglas Road on a grassed field adjacent to the existing property known as Cass-a-Lhergy, northeast of Kirk Michael. The site is prominent and visible from the road, which forms part of the TT course, and rises steeply to the east. Because the land falls outside the zoned development boundary, the application was treated as a departure from land use policy and referred to the Planning Committee. The key planning issues were the principle of development on unzoned land, the impact on the streetscene and countryside fringe, effects on neighbouring properties, highway safety, tree protection, and the standard of accommodation. The officer concluded that the current detailed proposal was consistent with that finding. Each dwelling has a garage and parking space, accommodation standards were judged acceptable, and highway concerns raised by DOI were addressed through revised plans.
The design, siting, accommodation standards, highway access, and tree protection arrangements were all judged acceptable subject to conditions. Conditions restrict permitted development rights and require approval of hard surfacing and rear garden works, reflecting the site's visibility and its status as a departure from land use zoning.
Kirk Michael Local Plan Policy 5.9
No further areas should be allocated for residential development.
licy 6). Douglas will remain the main employment and services centre for the Island (Spatial Policy 1) and th at its continued r egeneration will create further employment opportunities (Paragraph 5.9). There should be continued concentration of industrial development in existing industrial areas, which are close to major transport ation links such as in Douglas and Braddan (paragraph 9.2.2). The Strategic Plan s tates, as for housing, that outside Douglas, that choice of location for employment will be concentrated in Service Centres (Onchan - Spatial Policy 2), the Service Villages of Union Mills and Laxey where appropriate (Spatial Policy 3) and there should be limited employment opportunities in Villages of Baldrine, Crosby, Glen Vine , Newtown and Strang (Spatial Policy 4). Area Plan objectives for the provision of Employment Land i. To maintain and improve the viability, vitality and dive rsity of the economy by providing sufficient opportunities for investment in the manufacturing, research and development, storage and distribution and office sectors. ii. To direct development towards existing settlements in order to make best use of infrastructure, maximise opportunities for public transport, promote the reuse of brownfield land and to reduce the impact on the countryside. iii. To ensure that development is well designed and avoids any unacceptable environmental impacts. iv. To safeguard and provide for the needs of existing and new location -dependent businesses, including resisting non -industrial land uses - which will prejudice the availability of land for future industrial requirements - in identified industrial areas. v. To maintain and enhance the viability and vitality of town centres by restricting retail development in out-of-town locations. Area Plan desired outcomes i. To allocate sufficient land to ensure a continuous supply of sites for employment development up to and beyond 2026 allowing for a phased release of sites. ii. To make provision for additional investment opportunities by identifying land for a Technology Park. iii. To make provision for general industrial land in the East. iv. To identify areas for further work - where wider issues which cannot be addressed by planning alone should be addressed - to help facilitate sit es being brought forward/occupied. Site availability in established industrial areas in the East (prior to additional sites being identified in the Area Plan) There are a number of existing (established) industrial estates and business parks which include smaller vacant plots and areas. These were originally identified and recorded in the Site Identification Report (during the Preliminary Publicity Stage) as 'Site Assessment Framework (SAF) Category 1 Sites'. This label meant that given their size, nature and surrounding land use there was no real policy decision that needed to be made as part of the plan process and it was appropriate simply to colour wash these areas on the maps to reflect the wider land use. A purple 'hatch' or colour wash represents industrial land. Sites identified as SAF Category 1 and under 0.35 hectares are not specifically shown on the Proposals Map and Inset Maps. The ELR suggested that the demand appear ed to be for smaller employment sites (under 0.25 ha) with some limited demand for larger sites (up to 0.75 ha ). It was noted that the development of smaller sites can prove difficult as the shape and size of such sites can reduce flexibility for users. Furthermore, although there was recognised demand for smaller units, development often t ook the form of a single larger unit which incorporated a number of smaller units. In terms of the early assumptions when it came to identifying land employment land needs, where there were sites under 0.35 hectares that could be developed, it was assumed that 100% of the site area would be used . However, as challenges were recognised in finding suitable users, 100% of the available capacity was discounted in meeting the demand. Some employment sites that were identified as 'SAF Category 2 Sites', which needed to be assessed in more detail, were also colour-washed as industrial. Nevertheless, the discounted capacity of these sites did count towards meeting the demand identified in the ELR in the original Draft Plan. Sites with potential capacity (colour-washed to reflect the background industrial land zoning) Area Site No.22 used in Draft Plan Size (ha) Contribution to land supply (ha) identified in Draft Plan Middle River & White Hoe DE006 0.29 0 DE008 0.16 0 Kirby Farm BE018 1 0.8 Isle of Man Business Park BE014 0.34 0 Union Mills Industrial Estate (Derelict Building) BE023 0.38 0.3 22 Site Numbers not shown on Maps Hills Meadow DE011 0.04 0 TOTAL 2.21 1.1 Two sites were identified as having potential for redevelopment in the longer term - Ellerslie Depot at Crosby (ME002g) and the Vehicle Test Centre at Ballafletcher (BE020g). As these si
Policy 5.14, Arbory and East Rushen Local Plan 1998
Any development of residential areas to the east of the built environment should pay regard to the suggestion of a by-pass
fices, conversion | 3.4, 3.5, 3.6 | | 3. Offices, new development | 3.7 | | **TOURISM AND TRANSPORT** | | | 4. Tourism General | 4.5 | | **RESIDENTIAL** | | | 5. Residential General | 5.9-5.14, 12.5 | | **INDUSTRY** | | | 6. Trout Farm | 6.3, | | 7. Michael Car Centre | 6.4 | | 8. Kelly Bros. | 6.5 | | 9. Small scale industry | 6.6 | | 10. Industry General | 6.7 | | **CAR PARKING** | | | 11. Parking General | 7.3-7.13 | | **TRAFFIC AND PEDESTRIANS** | | | 12. Traffic and Pedestrians General | 8.7, 8.8 | | **REGISTERED BUILDINGS** | | | 13. Registered Buildings General | 9.3 | | 14. Zones of Interest | 9.4 | | **HEALTH SERVICES** | | | 15. Health Services General | 10.3 | OPEN SPACE 16. Open Space General 12.4, 12.5 17. Manx Museum and National Trust 12.6 Recommendations TOURISM 1. Tourism, Glen Wyllin 4.6 RESIDENTIAL 2. By-Pass Road 5.14, 8.9 INDUSTRY 3. Industry, Beachfield Farm 6.8 TRAFFIC 4. Parking and Traffic 7.14 5. T.T. access road 8.9 EDUCATION 6. Education General 11.3, 11.4, 11.5 ^{}[]
Strategic Policy 2
New development will be located primarily within our existing towns and villages
Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3. (1) Open Space is defined in Appendix 1. (2) Sustainable Urban Extensions are defined in Appendix 1 4.3.2 Appendix 3 to the Plan identifies the towns and villages, and also explains why the Department has rejected the idea of a new settlement, which was mooted in the Consultation Draft published in May 2000. 4.3.3 Each of our towns and villages has an ind ividual character arising not only from its geographical position and existing fabric, but also from its historical, cultural, and social background. This character should be protected and enhanced. Accordingly:
Housing Policy 4
New development will be located primarily within our existing towns and villages
Housing Policy 4: New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions (1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14. 8.5.6 The anticipated increase in the total number of dwellings on the Island over the Plan period is approximately 14%. By administering the programme of Area Plan preparation, the Department will ensure that there is sufficient land zoned for residential development to meet the overall housing requirement figure required by Housing Policy 1. The Department has resolved to prepare under the provisions of the Town and Country Planning Act 1999 four Area Plans which will concentrate upon larger areas of the Island. These will focus on the North, West, East and South of the Island and correspond with those areas discussed at paragraph 5.9 of the Spatial Strategy Chapter. 8.6 Affordable Housing 8.6.1 The Department is concerned about the increasing difficulties of securing the provision of affordable housing across the Island. The Department can, and does as a Housing Authority, intervene financially to provide financial support to local Authorities; financial support to prospective owner occupiers (through the House Purchase Assistance Scheme 2002) and by direct provision of new houses to rent. The provision of affordable housin g is a material consideration in the preparation of the development plan. In the current situation the Department considers that, to secure an adequate provision of affordable housing, it is appropriate to require that any area of land identified for hous ing purposes should include a contribution towards the provision of affordable housing. 8.6.2 There are currently around 1,584 (as at 31 st March 2007) households on the General Housing Waiting List. In addition, there are some 690 (as at 31 st March 2007) households registered with the Department under the House Purchase Assistance Scheme (HPAS). This indicates a total current need of some 2,274 households for affordable housing. (1) Sustainable Urban Extensions are defined in Appendix 1 8.6.3 In the current circumstances the Department considers that approximately 25 % of new housing provision should take the form of affordable housing. In assessing the appropriate percentage in each instance, the Department will have regard to the fact that the figure is a target over the Plan Period as a whole; to evidence of local housing need; to the nature of the land and viability of the scheme; and to the nature of existing adjacent housing. The 25% provision will be monitored and reviewed as part of any review of the Strategic Plan.
Strategic Policy 10
New development should be located and designed such as to promote a more integrated transport network
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;
Spatial Policy 3
specifically identifies Kirk Michael as a Service Village
Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (a) avoiding coalescence and maintaining adequate physical separation between settlements; and (b) having regard in the design of new development to th e use of local materials and character. 4.3.4 Most of our built heritage, our countryside, our coastline and our natural environment is of attraction, value and interest. Surveys commissioned by Government on the quality of life and the importance of heritage in the Isle of Man and internationally, have consistently shown that the historic landscape setting of the Isle of Man scores as t he single most significant factor for residents and visitors in supporting the concept of a specific and positive Manx identity. This "heritage identity" is a result of the combination of a rich diversity of historic sites and monuments, historic building s and residential settlements and a specific range of natural history attributes set within a predominantly rural landscape setting which links modern life to a sense of historic legacy and beauty, the retention of which is strongly supported by Government and the resident community. 4.3.5 The landscapes of the Island are very varied, and their nature and variety is the consequence of thousands of years of interaction between the natural and cultural aspects of the Island through human activity within the enviro nment and an innate respect for the natural and historic qualities they represent. 4.3.6 This landscape heritage is more than simply the sum of its parts. The combination of geology, geomorphology, wildlife, archaeology, history, traditional buildings and the natural settings for traditional activities and customs, combine in the rural and built environment to provide an inseparable element of "Manxness". It provides an overarching context which makes the landscapes of the Isle of Man unique and gives them the value which is acknowledged by those who live here and those who visit. The protection and promotion of this element within Manx society is an important element in central Government policy and the Strategic Plan, which both support the view that these v alued characteristics of the Isle of Man be acknowledged and protected for the future from inappropriate development. 4.3.7 This protection will apply to areas of heritage value, to sites of heritage value and to general traditional landscape settings within the Island which are deemed to contribute to the sense of the Island's heritage identity. Heritage landscape value will therefore be a consideration in all aspects of planning, with a view to retaining and enhancing this value wherever possible.
General Policy 3
Development will not be permitted outside of those areas which are zoned for development
General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land (1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage. 6.4 Planning Agreements 6.4.1 Where development is acceptable and in accordance with the provisions of this Plan and the relevant Area Plan, but raises issues which cannot be addressed by the imposition of planning conditions, the Department will seek to conclude an Agreement with the developer under Section 13 of the 1999 Town and Country Planning Act.
Environment Policy 1
The countryside and its ecology will be protected for its own sake
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
Environment Policy 42
New development in existing settlements must be designed to take account of the particular character and identity
pment. 8.13.2 The extent of formal open space with in settlement boundaries in the South is identified on the Proposals Map (Map 3) and Inset Maps (Maps 4-7). The Isle of Man Strategic Plan (Environment Policy 42) seeks to protect these open spaces and indicates that: 8.13.3 "Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a partic ular area will not be permitted.''
Housing Policy 1
The housing needs of the Island will be met by making provision for sufficient development opportunities
Housing Policy 1: The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 5,100 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2011 to 2026. 8.4.10 Analysis of the residential land availability statistics as well as preliminary examination of the potential of existing settlements, show that there is sufficient land to satisfy the demand for housing in lin e with the existing Island Spatial Strategy up until 2026. It is acknowledged that some land in and around the Main Centre (Douglas) is limited and that land designated on some extant development plans has been slow at coming forward for development. There appear to be a number of reasons for this ranging from the unwillingness of land owners to release land for development, the quality and location of that land , through to economic pressures; all of which may partly explain the decline in planning applica tions being submitted for new dwellings over the last decade or more. It will be necessary to address any land shortages as well as the suitability and deliverability of residential land as part of the preparation of the Area Plans.
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 7
parking provision must be in accordance with the Department's current standards
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.
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. Prior to the occupation of the development the visibility splays shall be constructed as indicated on the approved plans and shall remain as approved for the duration of occupation of the development.
Condition 3
3. Prior to the occupation of the development the driveway shall be surfaced in bound and stable material over a minimum distance of 12 metres back from the highway boundary (back of footway)
Condition 4
4. Prior to the occupation of the development the access, car parking and turning around spaces shall be constructed as indicated on the approved plans and shall remain as approved for the duration of occupation of the development.
Condition 5
5. Any gates should be set back at least 6 metres from the back of the footway and should not open towards the highway.
Condition 6
6. No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.
Condition 7
7. Prior to the commencement of the development hereby approved, the protective measures detailed in the Tree Protection Plan (drawing TP-11719v3) and Arboricultural Method Statement, prepared by Manx Roots and submitted in support of the application, shall be fully installed and/or implemented and retained for the duration of the construction process.
Condition 8
8. Replacement tree planting shall be carried out in accordance with the Mitigation Planting Plan (prepared by Manx Roots), submitted in support of the application. The planting shall be carried out in the first planting season following the completion of the development. Any trees which, within a period of 5 years from their planting, die are removed, or, in the opinion of the Department, become seriously damaged or diseased, shall be replaced as soon as is reasonably practicable or in the next planting season with others of a similar size, species and number as originally approved, unless the Department gives written consent to any variation.
Condition 9
9. Notwithstanding Condition 8, no development shall be commenced until a hard and soft landscaping scheme has been submitted to and approved in writing by the Department. Such a scheme shall include details of all walls, fences, gates, any additional planting (beyond that set out in the details referenced in Condition 8) and any other boundary treatments.
Condition 10
10. The hard landscaping approved under Condition 9 shall be carried out prior to the occupation of the development. The soft landscaping approved under Condition 9 shall be carried out in the first planting season following the completion of the development. Any plants which, within a period of 5 years from their planting, die are removed, or, in the opinion of the Department, become seriously damaged or diseased, shall be replaced as soon as is reasonably practicable or in the next planting season with others of a similar size, species and number as originally approved, unless the Department gives written consent to any variation.
Condition 11
11. Unless required by Conditions 3 or 4, no part of the site may be hard surfaced unless in accordance with details which have been first approved in writing by the Department
Condition 12
12. A 1500mm opaque glass balustrade shall be installed on the edge of the balcony of plot 1 closest to Cass A Lhergy and retained as such thereafter.