2 May 2024 · Delegated
Leithgate, Highfield Drive, Baldrine, Isle Of Man, IM4 6ee
This application sought permission to install an externally mounted twin wall flue system to serve a wood burning stove at a new detached dormer bungalow on Highfield Drive, Baldrine, Isle of Man. The property is described as recently constructed and substantially complete, with a white rendered finish, dark grey slate roof tiles, and two box dormers on the western elevation. The application was approved by the Department of Environment, Food and Agriculture on 2 May 2024, with one condition attached. The case officer had also recommended approval.
The Department of Environment, Food and Agriculture approved the application on 2 May 2024. The officer also recommended approval. One condition was attached to the permission.
Priority for new development to identified towns and villages
Strategic Policy
ices, our infrastructure and our health and social well-being. Bringing the Area Plan for the East into operation remains one of the priority actions for planning in the Programme for Government 2016-2021. For much of its development, I contributed through my former Ministerial role in the Department of Infrastructure and it is plain to me now just how widely the Island Development Plan as a whole stretches into policy development in every Department. I appreciate that preparing this Plan has taken time, but the procedural requirements exist to ensure transparency and opportunities for full engagement by Government Departments, Local Authorities, land-owners and developers, local interest groups and residents alike. The Report of the Public Inquiry , published in November 2019 , and the responses to the Modifications, published in February 2020, have shaped the final changes to the content and format of the Plan. It now forms part of the statutory 'Island Development Plan', and specifically provides a local framework for how Douglas and the surrounding settlements are likely to grow, change or stay the same for the remainder of the Plan Period (up to 2026). It replaces all extant plans and is a material consideration when planning applications are determined. Recent events have led to some questions whether the timing is right to release the Plan. I believe firmly that it is. I would like to thank all those who have contributed through out this Plan's development. Such engagement is invaluable and makes for a more rounded and robust plan and ensures matters and sites are fully scrutinised. I look forward to seeing how the Area Plan for the East influences change as we embrace our digital, green and safe Island. Ray Harmer, MHK Minister for Policy and Reform Contents An 'Area' approach to Plan making ..................................................................... 1 The Role of the Area Plan for the East ................................................................ 7 Spatial Vision in the East ................................................................................. 13 Landscape Character and Appearance............................................................... 17 The Natural Environment ................................................................................. 34 The Urban Environment ................................................................................... 48 Transport and Utilities ..................................................................................... 57 Employment ................................................................................................... 71 Town Centres ................................................................................................. 81 Tourism ......................................................................................................... 90 Open Space and Recreation, Education, Health and other Community Facilities .... 95 Residential ................................................................................................... 101 Comprehensive Treatment Areas .................................................................... 127 Appendices Appendix 1 Additional background information on Employment Land 134 Appendix 2 Recommendations set out in the Retail Study 2009 138 Appendix 3 Extracts from the Draft Area Plan for the East 'Household Size and Population Projections Paper DP EP5 (June 2019) An 'Area' approach to Plan making What is an Area Plan? The Cabinet Office has a responsibility, afforded to it by Section 2 of the Town and Country Planning Act 1999, to prepare the Island Development Plan (IDP). The purpose of the IDP is to set out the general 'Policies' in respect of the development and other use of land on the Isle of Man , and also to identify the 'Proposals' which relate to specific places or issues , depending on the particular plan area. The two types of plan prepared and which make up the 'Island Development Plan' are: • a strategic plan, and • one or more area plans. The Isle of Man Strategic Plan 2016 (the Strategic Plan ) was approved by Tynwald on 15th March 2016, coming into operation on 1st April 2016. In hierarchical terms, the strategic plan sits above the area plans in the sense that the proposal in an area plan shall be in general conformity with the strategic plan. The implementation of Policy set out in the Isle of Man Strategic Plan This Area Plan for the East elaborates on the broad policies set out in the Isle of Man Strategic Plan relating them to precise areas of land. The Plan's final form has been shaped by the Report of the Public Inquiry published on 6th December 2019 and the representations received on the proposed Modifications published on 14th February 2020. The Area Plan for the East is made up of a Written Statement (this document) and a series of Maps. The Written Statement contains 'Proposal
To respect the character of our towns and villages
Strategic Policy
e Character 'Areas'. The East has 5 of the 9 identifiable landscape 'types' on the Island and 20 of the 59 landscape character 'areas' (see Map 2 'Landscape Assessment Areas' and annotated Map 3 below). Geographically, the coverage of the plan is limited to seven Local Authorities but landscape character and key views do not stop at a Local Authority boundary. There must be an appreciation of our landscape whether looking outwards from the eastern area or towards it. In terms of the Assessment Report, Douglas, Onchan and part of Lonan were identified only as 'Urban' and so not defined by either a landscape Type or Area. Again, the transition from one area to another is unlikely to be rigid but rather a gradual change. This should be noted in any interpretation of the landscape mapping. The findings of the Landscape Character Assessment Report The Landscape Character Assessment, in particular the landscape strategies and key views, have informed a number of proposals that protect specific views and viewpoints. Where there are no specific landscape proposals for an area, the landscape strategies and key views shall be taken to be the policy approach for the area, as set out in Landscape Proposal 1. The strategies and key views concentrate upon the aesthetic nature of 'the view '. The concept of a 'view' is somewhat challenging to identify in a paragraph but the Assessment Report highlights - which has been repeated here - a number of different landscape 'features' that can be identified and distinguished from one area to the next. There is not a statutory right to a view; it is rather a part of the concept of amenity or the charm of an overall setting. It is important therefore that in many places, such views should be recognised and protected from harm. As stated above, w hile each Landscape Character Area identified through the A ssessment Report is valued, some areas require specific proposals due to the particular sensitivity to change and potential harm to their intrinsic landscape qualities that could result from development. Some Landscape Character Areas will have greater capacity to accept new development than others; it may be possible that landscape harm could be mitigated through careful design and landscaping measures. Objectives i. To protect and enhance where possible, the distinctiveness, special features or key views that contribute to the landscape character of identified Landscape Character Areas in the plan area. ii. Ensuring development respects and enhances and causes no adverse effect on, the scenic amenity, landscape features and view corridors of each settlement. iii. To protect landscapes and significant open spaces that contribute to character, identity and sustainable environments. Desired Outcomes i. Sensitive landscape areas are protected so that new development does not detract from their natural quality. ii. Landscape qualities, open space linkages and environmental performance in non -urban areas are improved. iii. The natural landscape is recognised for its ae sthetic value and as a fully functioning system. iv. Key features are protected and enhanced. In order to support these desired outcomes: • All landscapes and locally important views have been identified. • Specific proposals have been made which seek to protect vulnerable views and viewpoints from inappropriate development. • Where proposals support new development sites in this plan, development briefs will require applications for planning approval to provide a landscape assessment where appropriate, showing how the effect of any proposal on the overall landscape setting and appearance has been fully taken into account and how this is mitigated or even integrated into the overall design. An overview of Landscape Character and Appearance in the East The Landscape Character Assessment Report described the landscape character of the East, and this remains a fair description. Starting with the Northern Uplands and the peaks of Slieau Lhean, Slieau Ouyr and Slieau Ruy, these form a ridge separating Maughold and Laxey. Characterised by open moorland and upland streams, the hills then descend towards Laxey Bay, enclosed by the steep, wooded sides of the glen and valley. At Clay Head jagged cliffs lead to a rocky foreshore of Garwick Bay. Gently undulating topography leads through Groudle and Conrhenny towards Onchan, via a dense network of banks, Manx hedges and ditches. The two mile stretch of Douglas Bay dominates the eastern coast and is enclosed by Onchan Head and Douglas Head. The Central Valley stretches from the southern edge of Douglas Bay to St John's, taking in the settlements of Union Mills, Glen Vine and Crosby and forming the Island's indiscernible 'north-south' dividing line. Inland, the valleys of the River Glass and River Dhoo are densely wooded. Further South, the Chibbanagh coniferous plantation just north of Mount Murray is surrounded by gorse and rough grazing, changing to a geometric pattern of fields a
Design and visual impact
Strategic Policy
Development in remaining villages
Spatial Policy
Character and Appearance............................................................... 17 The Natural Environment ................................................................................. 34 The Urban Environment ................................................................................... 48 Transport and Utilities ..................................................................................... 57 Employment ................................................................................................... 71 Town Centres ................................................................................................. 81 Tourism ......................................................................................................... 90 Open Space and Recreation, Education, Health and other Community Facilities .... 95 Residential ................................................................................................... 101 Comprehensive Treatment Areas .................................................................... 127 Appendices Appendix 1 Additional background information on Employment Land 134 Appendix 2 Recommendations set out in the Retail Study 2009 138 Appendix 3 Extracts from the Draft Area Plan for the East 'Household Size and Population Projections Paper DP EP5 (June 2019) An 'Area' approach to Plan making What is an Area Plan? The Cabinet Office has a responsibility, afforded to it by Section 2 of the Town and Country Planning Act 1999, to prepare the Island Development Plan (IDP). The purpose of the IDP is to set out the general 'Policies' in respect of the development and other use of land on the Isle of Man , and also to identify the 'Proposals' which relate to specific places or issues , depending on the particular plan area. The two types of plan prepared and which make up the 'Island Development Plan' are: • a strategic plan, and • one or more area plans. The Isle of Man Strategic Plan 2016 (the Strategic Plan ) was approved by Tynwald on 15th March 2016, coming into operation on 1st April 2016. In hierarchical terms, the strategic plan sits above the area plans in the sense that the proposal in an area plan shall be in general conformity with the strategic plan. The implementation of Policy set out in the Isle of Man Strategic Plan This Area Plan for the East elaborates on the broad policies set out in the Isle of Man Strategic Plan relating them to precise areas of land. The Plan's final form has been shaped by the Report of the Public Inquiry published on 6th December 2019 and the representations received on the proposed Modifications published on 14th February 2020. The Area Plan for the East is made up of a Written Statement (this document) and a series of Maps. The Written Statement contains 'Proposals' which are either site s pecific, relatable to a specific issue in the East or on occasion in the form of a policy statement for a specific area. A number of 'Recommendations' are also included. These are statements of intent where the Cabinet Office has no direct control over i mplementation. They are intended to act as encouragement to other Departments or bodies to work together with the support of Cabinet Office to take action on or to deliver on particular matters or policy statements. How many Area Plans will there be? It is the intention to produce a limited number of Area Plans. There is already an Area Plan for the South which covers Castletown, Port Erin, Port St Mary, Rushen, Arbory, and Malew. The Area Plan for the East will be followed by an Area Plan for the North and West. Current legislation allows an area plan to relate to the whole of the Island or to such part as may be specified therein. It is the aim to produce, in time, a single 'All-Island Area Plan' alongside one Strategic Plan. These Plans would be capable of being reviewed or updated in tandem. The geographical coverage of the area plans thought most likely at the time of the Isle of Man Strategic Plan 2007 1 was identified in the Island Spatial Strategy (Chapter 5) of th at document which was subsequently carried forward to the Isle of Man Strategic Plan 2016. The extent of the Plan boundaries set out in the first iteration of the Strategic Plan, is set out below: Area Plan Coverage Area Plan Local Authority Area Douglas and the East Borough of Douglas, the district of Onchan and the Parishes of Braddan, Garff (Laxey and Lonan Wards only), Marown and Santon The South Parishes of Rushen, Arbory and Malew, Villages of Port Erin and Port St Mary and the town of Castletown Peel and the West Peel, and the Parishes of Patrick, German, and Michael Ramsey and the North Ramsey and the Parishes of Andreas, Ballaugh, Bride, Jurby, Lezayre, and the Maughold Ward of Garff The Area Plan for the East's geographical context 1.4.1. The Area Plan boundary is shown on Map 3 and includes Douglas, Onchan, Braddan, Garff (Laxey and Lonan Wards only), Marown, Santon and Braddan
General Development Considerations
General Policy 2b,c,g
ices, our infrastructure and our health and social well-being. Bringing the Area Plan for the East into operation remains one of the priority actions for planning in the Programme for Government 2016-2021. For much of its development, I contributed through my former Ministerial role in the Department of Infrastructure and it is plain to me now just how widely the Island Development Plan as a whole stretches into policy development in every Department. I appreciate that preparing this Plan has taken time, but the procedural requirements exist to ensure transparency and opportunities for full engagement by Government Departments, Local Authorities, land-owners and developers, local interest groups and residents alike. The Report of the Public Inquiry , published in November 2019 , and the responses to the Modifications, published in February 2020, have shaped the final changes to the content and format of the Plan. It now forms part of the statutory 'Island Development Plan', and specifically provides a local framework for how Douglas and the surrounding settlements are likely to grow, change or stay the same for the remainder of the Plan Period (up to 2026). It replaces all extant plans and is a material consideration when planning applications are determined. Recent events have led to some questions whether the timing is right to release the Plan. I believe firmly that it is. I would like to thank all those who have contributed through out this Plan's development. Such engagement is invaluable and makes for a more rounded and robust plan and ensures matters and sites are fully scrutinised. I look forward to seeing how the Area Plan for the East influences change as we embrace our digital, green and safe Island. Ray Harmer, MHK Minister for Policy and Reform Contents An 'Area' approach to Plan making ..................................................................... 1 The Role of the Area Plan for the East ................................................................ 7 Spatial Vision in the East ................................................................................. 13 Landscape Character and Appearance............................................................... 17 The Natural Environment ................................................................................. 34 The Urban Environment ................................................................................... 48 Transport and Utilities ..................................................................................... 57 Employment ................................................................................................... 71 Town Centres ................................................................................................. 81 Tourism ......................................................................................................... 90 Open Space and Recreation, Education, Health and other Community Facilities .... 95 Residential ................................................................................................... 101 Comprehensive Treatment Areas .................................................................... 127 Appendices Appendix 1 Additional background information on Employment Land 134 Appendix 2 Recommendations set out in the Retail Study 2009 138 Appendix 3 Extracts from the Draft Area Plan for the East 'Household Size and Population Projections Paper DP EP5 (June 2019) An 'Area' approach to Plan making What is an Area Plan? The Cabinet Office has a responsibility, afforded to it by Section 2 of the Town and Country Planning Act 1999, to prepare the Island Development Plan (IDP). The purpose of the IDP is to set out the general 'Policies' in respect of the development and other use of land on the Isle of Man , and also to identify the 'Proposals' which relate to specific places or issues , depending on the particular plan area. The two types of plan prepared and which make up the 'Island Development Plan' are: • a strategic plan, and • one or more area plans. The Isle of Man Strategic Plan 2016 (the Strategic Plan ) was approved by Tynwald on 15th March 2016, coming into operation on 1st April 2016. In hierarchical terms, the strategic plan sits above the area plans in the sense that the proposal in an area plan shall be in general conformity with the strategic plan. The implementation of Policy set out in the Isle of Man Strategic Plan This Area Plan for the East elaborates on the broad policies set out in the Isle of Man Strategic Plan relating them to precise areas of land. The Plan's final form has been shaped by the Report of the Public Inquiry published on 6th December 2019 and the representations received on the proposed Modifications published on 14th February 2020. The Area Plan for the East is made up of a Written Statement (this document) and a series of Maps. The Written Statement contains 'Proposal
Safeguarding the environment and/or amenities of surrounding properties
Environment Policy
fletcher Road Brief 300 DH001g Westmoreland Road 39 DH004g South Quay 30 DH011g Ballanard Woods Brief 40 DH016g Anna Cur House 10 DH019g South Quay 86 DH021g South Quay 7 DH022g Circular Road 63 DH025g Fairfield 9 DH037g Lower Dukes Lane 6 DH039g Park Road 27 DH042g Albany Road 8 DH046g Victoria Road Prison Brief 44 DM002g Lake Road 41 DM003g Loch Promenade 17 DM004g Lord Street DM007g Formerly Masterplan TF1 & TF2 10 DM008g Formerly Masterplan TF3 & TF6 33 DM012g Summerland 7 DM013g Little Switzerland 22 DM014g Milestone 6 OH016g Follies Cabaret 15 BH034g Mannin Infirmary Site 23 Total of Allocated Sites 964 E Recommended Strategic Reserve Sites BH015s/BH019s Woodstock & Fairway/Hilltop Nursery BH031s (part) Camlork (Field No 521518) Brief 50 DH002s/DH057s/DM001s (DH003 & DH010) Johnny Watterson's Lane Brief 600 OH011s Ballachrink, Onchan Brief 140 GH013s Baldrine Road, Baldrine 10 DH008s Ellenbrook 60 Total of Strategic Reserve Sites 875 Grand Total 2,440 39 'g' represents a general allocated site 's' represents a strategic reserve The Residential Proposal Sites The Proposals Map (Map 3) and Inset Maps identify specific numbered sites for development. It is good practice for Proposal Sites to be accompanied by D evelopment Briefs where appropriate. Briefs provide guidance to applicants and help in the development management process when applications are consider ed, thus allowing for a more straightforward and quicker application process overall . They can contribute to the success of the final development scheme on the ground. Some numbered sites do not have associated Development Briefs. Development on such sites shall be in accordance with Residential Proposal 2 (see Table 19 below). The Residential Proposal Sites (with Development Briefs) listed below are listed in the order of the settlement hierarchy starting with Douglas. Sites are set out under the name of the closest settlement rather than by Local Authority area. The Proposal Sites which are General Allocations as opposed to Strategic Reserves, have been identified in th is final Plan by 'g' placed at the end of the original number. All of the sites identified by a 'g' number shall be taken to be within the settlement boundary and this is depicted on the Maps . Strategic Reserves all have the letter 's' placed at the end of their original site number. Until released, they remain outside of the settlement boundary for the purposes of this plan. Residential Proposal 1 Development of the proposed (allocated) sites shall be undertaken in accordance with the proposed use marked on the Maps, any final Development Briefs as well as any baseline requirements set out in the Plan (see Residential Proposal 2). The Sites Site DBH002g and BH030g are allocated in the Plan for Predominantly Residential use Site Number Site Name Site Size See Maps DBH002g and BH030g Land south of Ballafletcher Road, and east of Braddan Road Upper part 2.32 ha, Lower part 30.23 ha 3, 4 and 8 Inquiry Report comment (para. 266 ) A development brief for these sites should recognise the potential for Site DBH002g to be developed in isolation. Development Brief 1. The site shall be allocated for predominantly residential use. 2. Together, these two sites form an area contained by Ballafletcher Road; Braddan Cemetery and Braddan Road; a registered tree belt north of Douglas Rugby Club; and the Tromode Woods housing estate. The sites are close to existing services and public transport links. Although this land is mostly well contained, development would have some visual impact and should be sensitively designed to minimise this. Development should also minimise any impact on registered trees, and mitigate any tree loss by replacement tree planting. 3. Although it is acknowledged that the sites are in separate ownership, they should be the subject of a comprehensive Masterplan, which will include a phasing strategy. The two sites may be developed at different times, but the development of one should not prejudice the subsequent development of the other. The Masterplan should provide for the possibility of an eventual vehicular access between Ball afletcher Road and Br addan Road, through the proposed development; and should provide for pedestrian and cycle routes, so as to promote active travel. 4. There are various access points that could be used. However, until a detailed assessment has been und ertaken these options cannot be fully appraised and compared. The detailed assessment should also consider whether bus access can be delivered through the
Designed to respect the character and identity of the locality
Environment Policy
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.