21 February 2019 · Committee
Field 320653, Main Road, Crosby, Isle Of Man, IM4 2ee
The application sought permission to erect 28 homes and a retail unit with associated parking and landscaping on agricultural land at Ballaglonney Farm off Peel Road, Crosby. A key site constraint was flooding: the south-eastern watercourse bank was prone to overtopping and flooding adjacent playing fields. The proposal addressed this by re-profiling the stream to increase its capacity and diverting or culverting an existing ditch on the north-eastern side of the site, with the applicant's consultants concluding there would be no residual flood risk to or from the development. The retail unit's scale was also a consideration, with the assessment noting that any increase in floor area beyond a threshold would require a Retail Impact Assessment to demonstrate no harm to town centre vitality. Planning Committee approved the application on 7 January 2019, subject to a Section 13 agreement; the decision notice was issued on 21 February 2019 once that agreement was concluded.
The Planning Committee approved the scheme, finding the flood risk could be adequately managed through stream re-profiling and drainage works secured by condition. Sixteen conditions were attached covering matters including construction hours, tree root protection for pipework installation, and highway safety. The decision was subject to a Section 13 agreement, the conclusion of which triggered the formal issue of the decision notice.
Business Policy 10
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:
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
Once the development can be connected to the public sewage treatment works, it must be and the stand alone temporary works hereby approved including any associated pipework which then becomes redundant, must be removed from site and the ground made good within 6 months of the connection of the site to the public system.
Condition 3
Landscaping, (including mitigation tree planting) and post planting maintenance shall be carried out in accordance with drawing 1060/C200F and the maintenance and aftercare schedule for new tree planting received on 7th August, 2017, in the first planting and seeding season following completion or occupation of any part of the development, whichever is the sooner. Any trees or plants (including those retained as part of the development) which within a period of 5 years from the completion of the development are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation.
Condition 4
There must be no disturbance to the bed or margins of the south eastern stream including disturbance due to in-channel works or entry to the watercourse by machinery and to ensure this, details of any proposed works to the north western bank profile of the stream running along the south eastern side of the site together with a construction method statement must be submitted to and approved in writing by the Department prior to the start of the construction of the path and the culvert and any embankment works: the method statement shall outline a suitable construction approach to reduce the possibility of disturbance of fish within the stream and the works must be carried out in accordance with these details and this statement all to avoid disturbance or injury to fish and protection of the aquatic and bankside habitat.
Condition 5
Prior to any work to create ditches or pipework in the area between the Heritage Trail and the River Dhoo, a construction method statement must be submitted to and approved by the Department to demonstrate that these works will be undertaken in such a way as to avoid damage to an area of ecological value and the works must be carried out in accordance with these details.
Condition 6
No development may be undertaken until such times as protective fencing has been erected to protect those trees which are to be retained in positions agreed by the Department and this fencing must be retained during the course of construction.
Condition 7
Each of the retail units hereby approved may be used as a shop Class 1 of Schedule 4 of the Town and Country Planning (Permitted Development) Order 2012 and for no other purpose.
Condition 8
Prior to the operation of either of the proposed retail units, the car parking spaces to the north shall be laid out and available for use by staff and customers of the retail units and retained as such thereafter.
Condition 9
No external lighting may be attached to the retail building, nor may external lighting associated with the retail units be installed within the site without the prior permission of the Department.
Condition 10
No items for sale may be stored or displayed for sale outside the retail building; and there may be no outside storage of material, nor the installation of plant or equipment, outside the building.
Condition 11
The retail unit may not be open for business after 2200hrs on any day; or before 0700hrs on any day.
Condition 12
The on-site parking, turning and loading areas must be suitably hard surfaced and provided prior to occupation of the proposed development, and be maintained and retained unobstructed thereafter.
Condition 13
No construction work may be undertaken on the site other than between 0800hrs and 1900hrs Monday to Saturday inclusive.
Condition 14
The retail building must be erected, laid out and used as shown in drawing 16/2576/105F received on 20th November, 2018. In particular, the two units must be arranged as shown and may not be combined or merged, and there may be no additional floor space introduced either through the introduction of mezzanine flooring or other means.
Condition 15
Prior to the installation of any pipework between the proposed commercial unit and the junction of the A1 and Old Church Road, a method statement demonstrating how the pipework will be installed without interfering with the roots of existing trees, must be submitted to and approved in writing by the Department. The development must be carried out in accordance with the approved method statement.
Condition 16
For the avoidance of doubt, the entrance and internal roadways shall be constructed in accordance with drawing reference 15N, should there be any conflict with any other approved plans.
