Creation of access drive to serve cottage garage (amendments to driveway approved under 22/01296/GB)

TOWN AND COUNTRY PLANNING ACT 1999 S16 Registered buildings: supplementary provisions

the setting of the registered buildings are being preserved

meet the tests of Planning Policy Statement 1/01

Strategic Policy 4

registered buildings and their settings are being protected and preserved

Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings (1), Conservation Areas (2), buildings and structures within National Heritage Areas and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance. 4.3.8 The design of new development can make a positive contribution to the character and appearance of the Island. Recent development has often been criticised for its similarity to developments across the Island and elsewhere - "anywhere" architecture. At the same time some criticise current practice to retain traditional or vernacular designs. As is often the case the truth lies somewhere between the two extremes. All too often proposals for new developments have not taken into account a proper analysis of their context in terms of siting, layout, scale, materials and other factors. At the same time a slavish following of past design idioms, evolved for earlier lifestyles can produce buildings which do not reflect twenty first century lifestyles including accessibility and energy conservation. While there is often a consensus about what constitutes good and poor design, it is notoriously difficult to define or prescribe. 4.3.9 The Department recognises the need to raise the quality of the Island's architecture and built environment and is pursuing this through the development control process and the commissioning of its own schemes and environmental improvements. At the same ti me it appreciates that the debate about good design needs to be broadened to include those who design, construct and finance new development and the wider community as we are all affected by the end product. To this end it welcomes the Isle of Man Arts Co uncil's National Arts Development Strategy 2005 - 2014 which has as one of its objectives, to raise the quality of the Island's architecture and built environment by encouraging debate on architectural standards, town and country planning, urban regenerati on and public art. This Strategy recognises that debate will have to take place over time. 4.3.10 In the meantime, the Department considers that, while there are a number of policies in the Strategic Plan which cover various elements of the design of new development e.g. General Policy 2 (a) -(i), ( m) and (n), and various Housing policies, there is a need for a further statement on the need to secure quality in the design of new development. In the preparation of Area Plans the Department will include development briefs that set out design principles for significant sites including new residential areas. Subsequent planning applications will be required to be accompanied by a Design Statement setting out the way in which the proposal has been designed to take into account its context and how the design principles have been developed. 4.3.11 At the same time as wishing to promote good design in new development the Department recognises that there are an increasing number of alternative styles of housing which draw their design principles from the wish to promote sustainability and energy efficiency. Many of these can be incorporated into both modern and traditional designs but in some cases they produce a completely different structure or form of buildings, for exa mple underground (1)Registered Building is defined in Appendix 1 (2) Conservation Area is defined in Appendix 1 housing. While wishing to conserve the historic landscape of the Island the Department welcomes new styles of housing as long as they take into account the landscape context and the impact on the amenities of the area in which they are si ted. Merely arguing that a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development.

General Policy 2

building's setting is being protected and preserved

General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development

Environment Policy 32

registered buildings and their settings are being protected and preserved

Environment Policy 32: Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted. 7.27 Change of Use of Registered Buildings 7.27.1The best use for a Registered Building is usually the use for which the building was designed. However, it is recognised that it is often necessary to look for a new use to secure the economic future of the b uilding. It is important therefore that any new use is appropriate and that physical alterations are sensitive to its character. (1) Curtilage is defined in Appendix 1

Environment Policy 34

building's setting is being protected and preserved

Environment Policy 34: In the maintenance, alteration or extension of pre -1920 buildings, the use of traditional materials will be preferred. 7.29 Development within Conservation Areas 7.29.1 Conservation Areas are designated where the Department is satisfied that there is an area of special architectural or historic interest, the character of which it is desirable to preserve or enhance. Accordingly, the Department will; i. appraise and review existing Conservation Areas; and ii. designate new Conservation Areas where Conservation Area appraisals have revealed individual areas to be worthy of such status. 7.29.2 Development proposals within Conservation Areas will be expected either to preserve or enhance their character or appearanc e. Development proposals should be in accordance with the Department's conservation policies set out in Planning Policy Statement 1/01, "Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man." There is generally gra nt assistance available to help in the use of appropriate materials and positive and appropriate development within Conservation Areas.

Environment Policy 1

countryside and its ecology are being protected

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 3

no unacceptable loss or damage to the woodland area

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

Infrastructure Policy 5

comply with Infrastructure Policy 5

, if it can be demonstrated that development there would not result in an incursion into the countryside. However there is no corresponding proposal for residential areas. Proposed Change 75 (in PIP5) now indicates that appropriate colour washes should be applied to the Proposals Map, to show the Mount Murray and Braddan Hills areas as 'Predominantly Residential'; and the Snugborough Estate as 'Industrial'. I agree with this. I also recommend that the whole of the waste management area at Richmond Hill should be similarly delineated and washed over as a site for 'Special Industry' (as defined in paragraph 9.2.3 of the Strategic Plan). CHAPTER 4 - LANDSCAPE Landscape Character Areas and Areas of High Landscape Value 25 Chapter 4 of the draft Area Plan is headed 'Landscape - Character and Appearance'. It draws on a Landscape Character Assessment Report which was prepared for the Government by consultants in 2005. The report describes the qualities of a series of Landscape Character Areas, and identifies landscape features that are worthy of protection. It excludes consideration of the urban areas of Douglas and Onchan. 26 Landscape Proposal 1 of the Area Plan states that the broad landscape strategies and key views for each Character Area are to be regarded as policy statements on matters of landscape in the East. Applicants for planning approval must demonstrate that consideration has been given to these strategies and key views. Twenty different Character Areas are identified. The key strategy for each of them is to 'conserve' (or 'conserve and enhance') the 'character, quality and distinctiveness' of the area; and of certain specified landscape features. During the inquiry, a number of objectors to proposed land allocations argued that this policy of landscape conservation should outweigh other considerations which might tell in favour of development. In my view, if landscape policy fails to distinguish between areas of outstanding beauty or cultural interest on the one hand, and less sensitive areas of countryside on the other, it may become increasingly difficult to find sites for essential development. 27 The approach set out in the Area Plan is intended to replace a landscape policy which has been in place since 1982, and is encapsulated in Environment Policy 2 of the present Strategic Plan. That policy identifies Areas of High Landscape or Coastal Value and Scenic Significance (AHLV). Within each AHLV the protection of the character of the landscape is normally the most important consideration for development control purposes. By implication, outside of AHLVs, other factors can be given relatively greater importance. I consider this to be a useful policy tool, in so far as it identifies those areas which can best absorb necessary development without harming the most sensitive landscapes. A similar policy applies in England, where the protection of the landscape is given priority in National Parks and Areas of Outstanding Natural Beauty. The general extent of AHLVs is shown in the Strategic Plan's Key Diagram. 28 Some necessary development will inevitably change and possibly detract from the character of the landscape. Examples might include the extraction and processing of minerals, the management of waste, the generation and transmission of electricity, the construction of roads, or the erection of factories and houses. In my view, it is important that landscape policy should provide guidance as to where such development might best be absorbed into the landscape with minimum harm. 29 Accordingly, it seems to me that consideration should be given to the continued designation of Areas of High Landscape Value in the Area Plan, and that priority should be given to the protection of the landscape in those areas. The Area Plan should define the precise boundaries of the AHLV. ( I note that the rural areas of both Braddan and Onchan are currently covered by a blanket AHLV designation, which may be difficult to justify). I am aware that development control officers find the descriptive material set out for each Landscape Character Area in the draft Area Plan to be useful. I see no reason why the material in question should not be retained in the Area Plan, alongside AHLV. 30 I recommend that consideration be given to the designation, in the Area Plan, of Areas of High Landscape Value, with precise and justified boundaries. Environment Policy 2 of the Strategic Plan would continue to apply within such areas. Effect of Proposed Development on the Landscape North of Douglas and Onchan 31 Miss P Newton and Dr K Kilmurry each referred to the potential impact of proposed development of sites on the northern edge of Douglas and Onchan, referring particularly to the adverse effect of building on the skyline, and the need for an overall scheme of landscaping. I consider it important that development briefs for the sites in question should make provision for the preparation of masterplans which would include comprehensive landscaping schemes. Details of these would

Community Policy 7

Community Policy 7: The design of new development and the extension and refurbishment of existing buildings and development must, as far as is reasonably practical, pay due regard to existing best practice so as to help prevent criminal and anti-social behaviour. 10.12.2 The Isle of Man Constabulary has suggested that neighbourhood police stations, where the public can meet police officers, are needed to improve community safety. In the majority of cases these will need to be provided within existin g communities as opportunities arise. Consideration should be given to incorporating such facilities in larger new developments in association with other community facilities.

POLICY RB/3

Planning Policy Statements

POLICY RB/3 General criteria applied in considering registered building applications The issues that are generally relevant to the consideration of all registered building applications are:- • The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the Island as a whole and within the local context; • The particular physical features of the building (which may include its design, plan, materials or location) which justify its inclusion in the register; descriptions annexed to the entry in the register may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance, (e.g. Interiors, murals, hidden fireplaces) may come to light after the building's entry in the register; • The building's setting and its contribution to the local scene, which may be very important, e.g. Where it forms an element in a group, park, garden or other townscape or landscape, or where it shares particular architectural forms or details with other buildings nearby (including other registered buildings).

POLICY RB/5

Planning Policy Statements

POLICY RB/5 ALTERATIONS AND EXTENSIONS In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. Registered building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals. Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting. Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative affect upon the building's special interest as a result of several minor works which may individually seem of little consequence.