1 July 2024 · Delegated
1, Netherby, Castletown, Isle Of Man, IM9 1tn
The application sought to build two detached dormer bungalows with detached garages on the site of the former Netherby dwelling, located off the A5 Castletown/Douglas Road opposite the Isle of Man Airport. The scheme amended the external elevations of bungalows already approved under an earlier permission and introduced air source heat pumps (ASHPs) as additional sustainability features. The site is bounded by a rendered cream wall to the A5 and by a low bank with trees and shrubs along the Brookfield Avenue boundary, with existing conifers providing significant screening. Key issues assessed included the principle of residential development, impact on the street scene and neighbouring amenity, highway safety, trees, ecology, and archaeology. The ASHP at Plot 2, being closer to neighbours, was scrutinised for noise, but its position approximately 20 metres from the nearest windows and screening by fencing and proposed hedge planting were judged sufficient to avoid harm. Highways raised no significant concerns, and an archaeology method statement previously approved by Manx National Heritage satisfied the relevant condition.
The proposal was approved because it does not harm the use and enjoyment of neighbouring properties or public amenity, and complies with General Policy 2, Strategic Policies 3(b) and 5, and Environment Policies 3, 4, 22, 40 and 42 of the Isle of Man Strategic Plan 2016, as well as the Residential Design Guide. Noise from the ASHPs was judged acceptable given their distance from neighbouring windows and proposed screening by fencing and hedge planting. Highways raised no significant concerns regarding highway safety or parking.
General Development Considerations
The current proposal would be an appropriate form of development that does not harm the use and enjoyment of neighbouring properties, or public amenity, and is designed to comply with General Policy 2
General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Development to safeguard character of existing towns and villages and to avoid coalescence
Design and visual impact
Strategic Policy 5: New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies. 4.4 Economy 4.4.1 The Spatial Strategy identifies the Major Employment Areas around the Island. While the majority of business and employment is focused around the Douglas Metropolitan Area, there are other major employment areas at Castletown, the Airport/Freeport, Peel, Ramsey and Jurby. The Department considers the distribution of employment areas provides a spread of employment opportunities around the Island. While recognising the opportunities for small scale local employment within existing centres it is considered new employment should, in the main, be concentrated within existing settlements or those major employment areas referred to in the Island Spatial Strategy and illustrated on the Key Diagram. Existing Local and new Area Plans will provide detailed boundar ies for these areas. From time to time Government may judge it appropriate to offer financial incentives to encourage economic activity or investment in particular parts of the Island.
Development to safeguard woodland of high amenity value
ar sea views. Additionally, services for networked water supply and other essential utilities would be difficult to provide for additional development in this area (see Maps 3, 7 and 9). Natural Environment Proposal 3 (Green Gap) Between the settlements of Laxey and Baldrine, development which would erode the separation and detract from the openness between the settlements will not be supported. Glen Vine and Crosby - These two settlements, although proximate in location, are separate and distinct in many ways. Consultation has clearly demonstrated this through the views expressed during the stages of plan development. In cases such as this, the breaks in the urban fabric and the features of nature which provide a sense of openness should be protected from development which would erode this (see Maps 3 and 10). Natural Environment Proposal 4 (Green Gap) Between the settlements of Glen Vine and Crosby, development which would erode the separation and detract from the openness between the settlements is unlikely to be supported. Douglas, Union Mills and Strang (see Maps 3, 4 and 8) Natural Environment Proposal 5 (Green Gap) Between the settlements of and Douglas, Union Mills and Strang, development which would erode the separation and detract from the openness between the settlements is unlikely to be supported. The Upland Environment The Manx Uplands are an iconic part of our landscape and heritage. Reference to the 'sweet mountain air' and 'green hills and rocks' are enshrined in our national anthem and the colours of the heather and gorse are woven into the very fabric of Manx tartan. The hills are a place of great beauty, yet for some they are also a place to work and for others a place to exercise or simply enjoy open space. Our Uplands are also home to plants and animals that whilst familiar to us, are rare and impor tant in a global and European context. Furthermore, the uplands are a rich repository of cultural and archaeological remains, which are sensitive to change and can easily be damaged by inappropriate development. Production of food is an important and obvi ous function of hill land. But surprisingly, the Manx hills provide everyday functions that most people take for granted. Peatlands, which cover most of our hills reduce the impacts of climate change by locking up carbon dioxide, collect and filter our drinking water and slow the passage of rainfall into streams and rivers, thus reducing downstream flood risk. These multiple uses are of great benefit to the economy of the Isle of Man and the well - being of its people. It is important that the hills continue to provide these benefits long into the future. Ensuring sustainable management of such a wide range of uses to the satisfaction of all interested parties whilst retaining functions essential to the well -being of the Isle of Man is of paramount importance. The Isle of Man Government is the owner and landlord for the majority of the Uplands in the East region and is therefore in a position to implement policy which will deliver the optimum range of ecosystem services. Appropriate and positive Upland management such as controlled rotational burning/cutting of heather and low intensity grazing helps to reduce the fuel load of the hill, provides firebreaks and reduces the risk of unplanned wildfires that further protects the biodiversity of the site, but also the vast amounts of carbon locked away in the peat soils. The majority of this work is carried out by The Department of Environment, Food & Agriculture's grazing and shooting tenants. The Manx Uplands are critically important from a habitat and biodiversity perspective. The hills in the East support a significant number of breeding hen harriers; however, other native Upland breeding birds such as curlew and red grouse have suffered severe declines in recent decades and as such are of high conservation concern. Strict control of access and recreational activity on vulnerable soils should be implemented to reduce soil erosion and subsequent carbon loss. Curlew and hen harriers are recognised as an internationally important species, while (within the EU) upland heather moorland is designated as a priority habitat. In order to ensure protection and positive management of the Uplands, the following proposal is appropriate: Environment Proposal 6 Uses of the Uplands that contribute to the management and preservation of this distinctive environment will be supported. Dark Skies On the Isle of Man, 26 Dark Sky Discovery Sites have been identified, of which nine are located in the East. They are classified as Milky Way Sites meaning that at these sites the Milky Way is visible to the naked eye. The sites are accessible and light pollution is limited. The following Dark Sky Discovery Sites are located within the East: • Port Soderick Upper Car Park • Port Soderick Brooghs, Little Ness Car Park • Mount Murray Golf Club • Onchan Park • West Baldwin Reservoir Car Park • Clypse Kerrowdhoo Reservoi
Protection of species and habitats
uch as this, the breaks in the urban fabric and the features of nature which provide a sense of openness should be protected from development which would erode this (see Maps 3 and 10). Natural Environment Proposal 4 (Green Gap) Between the settlements of Glen Vine and Crosby, development which would erode the separation and detract from the openness between the settlements is unlikely to be supported. Douglas, Union Mills and Strang (see Maps 3, 4 and 8) Natural Environment Proposal 5 (Green Gap) Between the settlements of and Douglas, Union Mills and Strang, development which would erode the separation and detract from the openness between the settlements is unlikely to be supported. The Upland Environment The Manx Uplands are an iconic part of our landscape and heritage. Reference to the 'sweet mountain air' and 'green hills and rocks' are enshrined in our national anthem and the colours of the heather and gorse are woven into the very fabric of Manx tartan. The hills are a place of great beauty, yet for some they are also a place to work and for others a place to exercise or simply enjoy open space. Our Uplands are also home to plants and animals that whilst familiar to us, are rare and impor tant in a global and European context. Furthermore, the uplands are a rich repository of cultural and archaeological remains, which are sensitive to change and can easily be damaged by inappropriate development. Production of food is an important and obvi ous function of hill land. But surprisingly, the Manx hills provide everyday functions that most people take for granted. Peatlands, which cover most of our hills reduce the impacts of climate change by locking up carbon dioxide, collect and filter our drinking water and slow the passage of rainfall into streams and rivers, thus reducing downstream flood risk. These multiple uses are of great benefit to the economy of the Isle of Man and the well - being of its people. It is important that the hills continue to provide these benefits long into the future. Ensuring sustainable management of such a wide range of uses to the satisfaction of all interested parties whilst retaining functions essential to the well -being of the Isle of Man is of paramount importance. The Isle of Man Government is the owner and landlord for the majority of the Uplands in the East region and is therefore in a position to implement policy which will deliver the optimum range of ecosystem services. Appropriate and positive Upland management such as controlled rotational burning/cutting of heather and low intensity grazing helps to reduce the fuel load of the hill, provides firebreaks and reduces the risk of unplanned wildfires that further protects the biodiversity of the site, but also the vast amounts of carbon locked away in the peat soils. The majority of this work is carried out by The Department of Environment, Food & Agriculture's grazing and shooting tenants. The Manx Uplands are critically important from a habitat and biodiversity perspective. The hills in the East support a significant number of breeding hen harriers; however, other native Upland breeding birds such as curlew and red grouse have suffered severe declines in recent decades and as such are of high conservation concern. Strict control of access and recreational activity on vulnerable soils should be implemented to reduce soil erosion and subsequent carbon loss. Curlew and hen harriers are recognised as an internationally important species, while (within the EU) upland heather moorland is designated as a priority habitat. In order to ensure protection and positive management of the Uplands, the following proposal is appropriate: Environment Proposal 6 Uses of the Uplands that contribute to the management and preservation of this distinctive environment will be supported. Dark Skies On the Isle of Man, 26 Dark Sky Discovery Sites have been identified, of which nine are located in the East. They are classified as Milky Way Sites meaning that at these sites the Milky Way is visible to the naked eye. The sites are accessible and light pollution is limited. The following Dark Sky Discovery Sites are located within the East: • Port Soderick Upper Car Park • Port Soderick Brooghs, Little Ness Car Park • Mount Murray Golf Club • Onchan Park • West Baldwin Reservoir Car Park • Clypse Kerrowdhoo Reservoir Car Park • Conrhenny Car Park • Ballanette Nature Reserve • Axnfell Plantation Natural Environment Proposal 7 Proposals for development in the vicinity of Dark Sky Discovery Sites are to have minimal outdoor lighting and be encouraged to have a design response which is non-intrusive into the darkness of night. Baffling and directionality of lighting must be sensitive to contain any necessary lighting within a subject site only. Watercourses and Wetlands The collection of hills in the East has produced a network of mountain streams which gradually join and widen to become the rivers flowing out into Douglas Bay, Port Groudle a
Protection of environment and/or residential amenity from pollution
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.
Protects important archaeological sites, Ancient Monuments or the setting thereof
to these policies. The final sentence of Urban Environment Proposal 8, which states that there is no presumption against the development of archaeological sites, appears potentially to contradict Environment Policy 40 of the Strategic Plan, which indicates that development which would damage, disturb or detract from an archaeological site or its setting will not be permitted. I recommend that Urban Environment Proposal 8 be deleted from the draft Area Plan. Railway Architecture 53 Urban Environment Proposal 9 refers to the protection of station buildings, gate-keeper's huts and other line-side structures. However, it seems to me that if they are worthy of preservation, these buildings should be registered. While I do not doubt their cultural importance, in the absence of their registration, it is not clear to me how the planning authority could prevent their demolition or removal. I recommend that Urban Environment Proposal 9 be deleted from the draft Area Plan. CHAPTER 7 - TRANSPORT AND UTILITIES Highways Traffic Congestion 54 The Area Plan recognises that that there is already traffic congestion at the Quarterbridge junction; at the junction between Mountain Road and Governor's Road; and at the junction between Glencrutchery Road and Victoria Road. The evidence is that if all the development sites identified in the draft Area Plan were to be built-out, and no improvements were made to the road system, there would be a significant increase in congestion in Douglas and Onchan. Modelling commissioned by the Government suggests that, in the worst case, the average speed of traffic during the afternoon peak could decrease from 19mph to 12mph. Some journey times would be likely to increase by more than 100%, when compared with 2016 data. This would affect both private and public transport. However, it seems to me that, in practice, this worst case scenario is unlikely to arise. 55 Opportunities for additional carriageway provision are very limited and none are proposed in Douglas or Onchan in the Area Plan. However, there may be potential for limited highway improvements in the proposed Comprehensive Treatment Areas. Additionally, there is scope for the installation of an improved system of traffic signals, which could improve the capacity of the existing road network, particularly at junctions. Further mitigation could result from the introduction of the Active Travel Strategy, whereby drivers are to be encouraged to walk or cycle to their destinations, where this is practicable. Children living reasonably close to their school could be encouraged to walk there (perhaps in a supervised 'walking bus'); or go by bike. Reduced car use might also be achieved by a modal shift in favour of public transport; or car travellers could be encouraged to share a single vehicle, wherever possible. There may also be increasing scope for some office workers to undertake their duties at home, by making use of IT facilities. 56 Experience has shown that increasing peak period road congestion often results in 'peak spreading', where car users choose to begin their journeys a little earlier (or later) in order to avoid the worst delays. Congestion charging has also been shown to be an effective way of managing peak period delays. However, a degree of peak hour congestion is characteristic of most urban areas, and is perhaps an inevitable consequence of mass car commuting. Cycle Parking and Changing Facilities 57 The Braddan Parish Commissioners argued that the provision of cycle parking and changing facilities should be encouraged at places of employment. I agree. Chapter 11.5.3 of the Strategic Plan already states that 'consideration should be given to cycle parking for staff … in non-residential development'. However, I consider that such provision could appropriately be required as part of a development brief for any proposed employment site. I also consider that employers should be encouraged to introduce Travel Plans, with the aim of reducing the level of car commuting. I recommend that the provision of cycle parking and changing facilities, and the production of a Travel Plan, should be considered for any proposed employment development. Park and Ride 58 The Braddan Parish Commissioners, Miss P Newton and others urged that consideration be given to the introduction of a 'park and ride' scheme, whereby drivers entering Douglas would be encouraged to leave their vehicles at a peripheral car park and complete their journeys by bus. I understand that a previous 'park and ride' scheme had only limited success, and no firm proposal to try again has been put forward by any Government Department. I see no purpose in allocating land for a park and ride facility in the Area Plan, unless there is a good prospect of the requisite investment being made to bring such a scheme to fruition during the plan period. The TT Access Road 59 The TT Access Road provides the sole vehicular route to and from the interior of the TT course when racing is in progress. It is a single track carriageway with passing places, whic
Designed to respect the character and identity of the locality
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.''
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Condition 2
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2012 (or any Order amending, revoking or re-enacting that Order with or without modification) no means of enclosure, structures or other free standing buildings, other than as shown on the approved plans shall be erected on the site. Reason: In order to safeguard the character and appearance of the area.
Condition 3
Prior to the installation of the bat, bird and bee bricks on each of the dwellings, plans shall be submitted to Planning for written approval containing details of Bat, Bird and Bee bricks on the new development. The development shall not be carried out unless in accordance with the approved details, and shall thereafter be permanently retained as such. The wildlife mitigation must be installed as shown on Drawing Nos. 24 Rev A and 25 Rev A. None of the dwellings hereby approved shall be occupied until bat, bird, and bee bricks have been installed/constructed as detailed in the approved plans. Reason: To provide adequate safeguards for the ecological species existing in the locality.
Condition 4
No external lighting shall be installed or operated within the site other than in accordance with the scheme of low level lighting (designed in accordance with the recommendations outlined in the BCT and Il-P Guidance Note 8 Bats and Artificial Lighting (12 September 2018), which has been submitted to and approved in writing by the Department. Reason: In the interest of visual amenity and to protect and enhance wildlife interests.
Condition 5
None of the dwellings hereby approved shall be occupied until a stacked log pile or hibernaculum suitable for Common Lizard, as shown on Plan No Hart_55_03B (Proposed Site Plan) under PA 21/01567/B, has been constructed in accordance with the details set out at Appendix VII of the Manx Wildlife Trust Preliminary Ecological Appraisal Report dated June 2021. The stacked log pile/ hibernaculum shall be retained thereafter. Reason: In the interests of protecting and enhancing biodiversity.
Condition 6
The existing trees marked for retention on the Outline Tree Protection Plan (Drawing No. OTP-201221 under PA 21/01567/B) shall be retained in accordance with the approved details. Any retained tree which within five years of the approved development being occupied or completed (whichever is the later) dies, are removed or become seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department. The Arboricultural monitoring indicated in the Arboricultural Method Statement, which forms part of the tree protection for the site shall be carried out in accordance with the details outlined in the Manx Root Tree Survey and Report. Reason: To safeguard the appearance of the development and the surrounding area.
Condition 7
The replacement tree planting shown on Plan No Hart_55_06A (Landscape Plan) under PA 21/01567/B, shall be carried out in the first planting season following the removal of the existing trees. Any replacement trees which, within a period of five 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 similar size, species and number as originally approved, unless the Department gives written consent to any variation. Reason: In order to protect and enhance the character and appearance and biodiversity of the area
Condition 8
None of the dwellings hereby approved shall be occupied until the existing vehicular access to the site has been closed and the verge reinstated and the new access, visibility splays and all parking and turning areas have been provided and surfaced in accordance with the details shown on Dwg. Nos ITB16403-GA-007D (in the i-Transport Technical Note (BT/1TB16403-001 TN dated 17 December 2021) and Plan No Hart_55_03B (Proposed Site Plan) as submitted under PA 21/01567/B. Once provided, all access, parking and turning areas shall thereafter be permanently retained as such. Reason: To ensure an appropriate means of access, parking and turning space in the interest of highway safety.
Condition 9
None of the dwellings hereby approved shall be occupied until foul sewage and surface water drainage systems have been provided as shown on Plan Nos Hart_55_16A (Drainage Plan Pumped Option) and Hart_55 03B (Proposed Site Plan) submitted under PA 21/01567/B. The foul and surface water drainage systems shall be permanently retained in working order thereafter. Reason: In order to prevent flooding on the highway, to prevent pollution and in order to safeguard the living conditions of adjoining occupiers.
Condition 10
Other than works of demolition and excavation, any construction works audible at the site boundary shall only be carried out between 08.00 and 18.00 Monday to Friday; between 08.00 and 13.00 on Saturday; and at no time on Sundays and/or bank or public holidays. Works of demolition and excavation shall only be carried out between 08.00 and 18.00 Monday to Friday; and at no time on Saturdays, Sundays and/or bank and public holidays. Reason: In order to protect the living conditions of adjoining occupiers.