13 May 2024 · Committee
St Ninians Church, Laureston View, Ballaquayle Road, Douglas, Isle Of Man, IM2 4by
This application sought temporary permission to use part of St Ninian's Church Grounds on Ballaquayle Road, Douglas, as a food festival and craft market with associated facilities — including food and craft stalls, portaloos, and a busker music stage — for the TT Fortnight period from 27 May to 8 June 2024. The Planning Committee refused the application on four grounds. The application was found to lack adequate detail on traffic management, on- and off-site parking, and access to neighbouring properties including St Ninian's Court and St Andrew's Church. The committee also found the proposals would cause unacceptable harm to residents of the adjoining St Ninian's Court residential home, many of whom are elderly or infirm and depend on reliable access to their parking spaces and the road network. The noise, smells, litter, and general disturbance associated with the festival were considered particularly problematic given the already heightened activity during TT Fortnight. Additionally, running the festival within the grounds of the Registered St Ninian's Church was found to be unduly harmful to the character and setting of that protected building.
The Planning Committee refused the application despite the case officer recommending approval. The committee found the application lacked sufficient detail on traffic management, parking, and site access. It also concluded the event would cause unacceptable disruption to residents of the adjoining St Ninian's Court residential home — particularly elderly and infirm residents who rely on easy access to parking and the road network — and that noise, food smells, and litter from the festival would harm their amenity during an already busy TT Fortnight period.
Refusal Reasons
Strategic Policy 1
n. 106 of the buildings on the Register are located in the East. Building registrations are divided by Local Authority below: Registered buildings in the East Registered Buildings in the East14 Total in each Local Authority area Douglas 73 Onchan 14 Braddan 11 Santon 3 Marown 2 Laxey 2 Lonan 1 Total 106 Unlike in the UK, there is currently no grading system in place for Registered Buildings, though this is under review. Treatment of Registered Buildings is covered by the Town and Country Planning (Registered Buildings) Regulations 2013 and by Planning Policy Statement 1/01. It is recognised that the East, in common with the Island as a whole, contains a significant waiting list of historic buildings which may be worthy of Registered Building status. The process of appraisal and registration is ongoing. 14 As recorded at the time of the Plan's Adoption, September 2020 Urban Environment Proposal 5: Where an application relates to a building which has been proposed for entry onto the Register, advice must be sought from the responsible Department prior to the submission of any planning application on how best to approac h any modifications to such historic assets. Conservation Areas Of the 20 Conservation Areas on the Island, 11 of these are within the East and the majority are in Douglas: Conservation Areas in the East Douglas Other Settlements Little Switzerland Laxey Ballaquayle Road Onchan Selborne Drive Windsor Road Olympia Woodbourne Road Douglas Promenades Athol Street/Victoria Street/Duke Street Douglas North Quay Conservation Area Character Appraisals have been carried out for a number of areas in the East and this work is to be reviewed before any action to designate new Conservation Areas. Cabinet Office is committed to moving forward with this work during the remainder of the plan period in line with the procedure set out in Section 18 of the Town and Country Act 1999. It is worth noting that new developments could and should form the conservation areas of the future by providing excellent examples of well designed, environmentally sustainable and liveable communities. Ancient Monuments There is a diverse collection of heritage assets in the East, ranging from the Neolithic to the modern period. While some monuments are protected by the Manx Museum and National Trust (Manx National Heritage), the immediate setting and, in some instances, the landscape context may also need protection or enhancement. Many heritage assets are located on comparatively remote or isolated sites which are unlikely to be subject to change arising from development but others are within or close to our settl ements or may be close to potential mineral workings or sites for public infrastructure. The sites included on the Environmental Constraints Map represent the most up to date list of Ancient Monuments. Of the 29 protected Ancient Monuments in the East, among the most notable are: • The Braaid: Site of an ancient Celtic -Norse era community including remnants of a roundhouse (c650 CE) and two longhouses (c950 CE). • King Orry's Grave: Neolithic chambered tomb (3000 BCE). • St Trinian's Church: A 14th Century church which lost its roof in the 17 th Century, also known as the Keeil Brisht or 'Broken Church'. • The Great Laxey Wheel: The largest surviving working wheel of its kind in the world. Built in 1854 to pump water from the Glen Mooar section of the Great Laxey Mines complex. Urban Environment Proposal 6 Applications on sites or close to sites that contain an Ancient Monument must be designed taking into account the character of the Monument and its environs to ensure it is satisfactorily protected. Railway architecture The route of the still -operational Isle of Man Steam Railway winds south and west from Douglas through Port Soderick and Santon Stations before continuing to its terminus in Port Erin. Given that the route, most of the rolling stock, and mos t of the station buildings and line-side structures are essentially as they were when the railway opened in 1874, there is obvious cultural and historic interest. The same is true (in terms of interest) for the MER. Urban Gulls The large population of gulls has become a concern in Douglas and other coastal settlements in the East due to the nuisance caused by noise , detritus and aggression towards humans during nesting season. In addition to stopping the feeding of gulls and pigeons and ensuring bins are adequately covered, steps can be taken to 'design out' this issue by installing the following devices: • bird netting or mesh • bird spikes • chimney spike system • chimney mesh cover • bird wire system Contaminated and polluted sites The re-use of previously developed land is an important element in achieving regeneration and sustainable development objectives and to improve both the built and living environment. This is supported by paragraph 7.20.2 and Environment Policy 26 of the Strategi
Strategic Policy 4
Strategic Policy 10
General Policy GEN2
Environment Policy ENV3
Given the above comments from the Forestry Team it is considered that the proposal accord with the provisions of Environment Policy ENV3 in the Strategic Plan
Environment Policy 3: Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi -natural woodlands, which have public amenity or conservation value. 7.8 Wildlife and Nature Conservation 7.8.1 The Isle of Man has both nationally and internationally important wildlife species and habitats including important marine habitats. Protection is afforded at a national level by statutory designations under the Wildlife Act 1990 and also under the Manx M useum and National Trust Act 1959. The 1990 Wildlife Act makes provision for the protection of birds, other wild animals and wild plants, as well as their habitats, both terrestrial and marine. It makes provisions for the establishment of Areas of Special Protection for birds, plants and animals (ASPs), Areas of Special Scientific Interest (ASSIs), National Nature Reserves (NNRs) and Marine Nature Reserves (MNRs). The Ayres has been declared a National Nature Reserve as well as an Area of Special Scientif ic Interest and it is the intention to develop a network of ASSIs in the future. The Island currently has the following designations and protected areas: Areas of Special Scientific Interest Nature Reserves under the ownership and/or management of the Manx Wildlife Trust Areas of Special Protection for Birds and Bird Sanctuaries Areas of ecological importance or interest afforded protection under the Area Plans and the 1982 Order One RAMSAR site Over 2000 acres of National Trust Land designated under the Manx Museum and National Trust Act 1959 7.8.2 There are currently no Marine Nature Reserves (designated by Department of Agriculture Fisheries and Forestry (DAFF) up to the Mean High Water mark) or Areas of Special Protection for plants and animals an d currently no Wildlife Sites (1) (non-statutory sites) but the system for identifying them is in place, the process of identification has begun, and the concept is supported. 7.8.3 In addition to the above, wetland areas of high ecological value may be designated as Ramsar sites under the Convention on Wetlands of International Importance which has applied to the Isle of Man since 1992. The Ballaugh Curragh has been so designated (September 2006), and the Island is bound by the Convention to the "wise use" of wetlands, including rivers and coastal waters. The Isle of Man also applies the Berne Convention on European Wildlife and Natural Habitats (covering Emerald sites, none as yet designated on the Island) and the Bonn Convention on the Conservation of Migratory Species of Wild Animals and the Eurobats Agreement on Bats Conservation. 7.8.4 The Freshwater environment is important to the sustainability of native fish stocks. Under the Island Fisheries Act 1996 there is a requirement to protect and conserve native stocks of salmon, trout and sea trout. 7.8.5 In considering any development proposals on sites recognised for their ecological and scientific value, the Department will gi ve full consideration to the legislation, policies and conservation objectives, which may be relevant including the Wildlife Act 1990 and species listed in Schedules 1 -8 to the Wildlife 1990 Act and other habitats and species which are widely regarded as l ocally important. In association with the Department of Agriculture Fisheries and Forestry and the Department of Transport, the Department has commissioned the Manx Wildlife Trust to undertake a survey of locally significant sites. The results of this survey work will be available for public scrutiny before inclusion in Area Plans as they become available. 7.8.6 Development which would affect any proposed or other recognised site of conservation value, including areas of ecological interest, will only be permitted where it can be demonstrated that: the proposed development will not compromise the conservation objectives of the site or unacceptably harm its conservation value and its overall integrity; there is proven public interest where safety or exce ptional social or economic considerations outweigh the ecological importance of the site; and the need for the development cannot be met in other less ecologically damaging locations or by reasonable alternative means.
Environment Policy 5
Environment Policy 5: In exceptional circumstances wh ere development is allowed which could adversely affect a site recognised under Environmental Policy 4, conditions will be imposed and/or Planning Agreements sought to: (a) minimise disturbance; (b) conserve and manage its ecological interest as far as possible; and (c) where damage is unavoidable, provide new or replacement habitats so that the loss to the total ecological resource is mitigated. 7.8.7 In addition to existing, specific areas of the Island designated as being important areas for landscape value, nature conservation and ecological habitats, there are also wider areas which are increasingly being recognised as having combined importance in terms of ecological, archaeological, landscape and / or scientific value. These areas should be fully investigated to assess the extent of these qualities and, where appropriate, their potential for a new designation in the form of 'National Heritage Areas'. This should be in addition to any other designation afforded to them under existing legislation or any new landscape assessment exercise.
Environmental Policy 6
Environment Policy 6: The Department will seek to identify and designate such 'National Heritage Areas' i n collaboration with other Government Departments and appropriate agencies in order that buildings, archaeological sites and areas of special ecological, landscape and/or scientific value within them are recognised for their national importance, are a focu s for environmental enhancement and are given additional protection from unwarranted development. 7.8.8 The Department will seek to work in co -operation with other Government Departments, organisations and local communities to secure the conservation obje ctives of the various nature designations dependent on wider management, such as marine sites. It will also encourage the management of features of the landscape which are of major importance for wild flora and fauna. 7.9 Watercourses and Wetlands 7.9.1 A watercourse or wetland, including ponds and dubs, can be affected by building or engineering operations (either during or after completion of works) or new uses of land which are carried out anywhere within the catchment area. New development in the v icinity of such areas can result in pollution, sedimentation or direct deterioration. Land infill and tipping, mineral exploitation, large scale developments and activities which disturb contaminated material are of particular concern. In all but the most minor proposals, consideration will be given to the protection of watercourses and wetland areas which may be affected by a proposed activity. In addition to requiring planning permission, any work on a watercourse, stream or designated Main River (and no rmally including the banks for a distance of 9m (30ft) either side) requires the permission of the Department of Transport's Land Drainage Engineer, in accordance with the Land Drainage Act 1934.
Environment Policy 22
In this regard the proposals are considered to be acceptable and accord with the provisions of Policies GEN2 and ENV22 of the Strategic Plan
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.
Environment Policy 23
Environment Policy 23: When considering alterations and improvements to existing facilities the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours. 7.18 Environmental Impact Assessment(1) 7.18.1 Environmental Impact Assessment (EIA) is an important procedure for ensuring that the likely effects of new development on the environment are fully understood and taken into account before the development is allowed to go ahead. It is a process by which information about the likely environmental effects of certain types of development is collected, assessed and taken into account by the developer (as part of project design) and by the planning authority (in determining the acceptability of the application). In cases w here developments are likely to have significant environmental effects, whether public or private, by virtue of their nature, size or location, EIA's will be required and the general principles set out in Appendix 5 should be followed. 7.18.2 For some types of development, EIA's will be required in every case, whilst other development will only require an EIA if the particular project is judged likely to give rise to significant environmental effects. Where development does not fall wit hin these categories, (1) Environmental Impact Assessment is defined in Appendix 1 but still has a significant effect on the environment, the Department will require suitable supporting environmental information. The main criteria for judging significance are as follows: i. major developments which are of more than local importance; ii. developments which are proposed in particularly environmentally sensitive or vulnerable locations; iii. developments with unusually complex and potentially hazardous environmental effects. 7.18.3 A Planning Policy Statement will be issue d specifying the manner in which the Department intends to deal with applications which should be subject to EIA. Pending the adoption of the proposed Planning Policy Statement the Department will adopt current practice on EIA's from England and Wales set out in the publication "Environmental Impact Assessment: A Guide to Procedures" (1).
Business Policy 11
Business Policy 11: Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designat ions which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be (1) Tourism Strategy 2004 - 2008 Fit for the Future Department of Tourism and Leisure April 2004 situations where existing rural buildings could be used f or tourist use and Environment Policy 16 sets out the circumstances where this may be permitted.
Transport Policy 4
The proposals are considered to be acceptable in this regard and accord with the provisions of Policies T4 and T7 of the strategic Plan
Parishes which are examined in more detail later in the document. A key factor in the formulation of the Spatial Vision has been consideration of the findin gs of the Landscape Character Assessment4; an Island-wide Study undertaken in 2008.
Transport Policy 7
The proposals are considered to be acceptable in this regard and accord with the provisions of Policies T4 and T7 of the strategic Plan
