17 September 2024 · Committee
Joe Gawnes, Athol Lane, Port St Mary, Isle Of Man, IM9 5ha
Permission in principle was granted for the erection of a detached dwelling house at Joe Gawnes, Athol Lane, Port St Mary, Isle of Man, in the parish of Rushen. The application was submitted by Lorenzo and Rosemary Fappiano and decided by committee on 17 September 2024. The site was described in the officer report as a derelict area of land containing an open-sided garage in the south-east corner and a former stone-built, roofless structure. The land was grassed and had been used informally for storing vehicle parts, building materials, and a boat. The approval is in principle only, meaning the acceptability of a new dwelling on this site has been established, but detailed design and other matters will need to be addressed through further applications. Four conditions were attached to the approval.
The Department of Environment, Food and Agriculture approved the application in principle on 17 September 2024. The site was a derelict area of land with an open-sided garage and a roofless stone structure, which had been used informally for storing vehicle parts, building materials, and a boat. Approval in principle means the principle of a new dwelling on this site has been accepted, with detailed matters to follow.
General Policy 2
IOM Strategic Plan 2016
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 4
Isle of Man Strategic Plan 2016
Environment Policy 4: Development will not be permitted which would adversely affect: (a) species and habitats of international importance: (i) protected species of international importance or their habitats; or (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites. (b) species and habitats of national importance: (i) protected species of national importance or their habitats; (1) Wildlife Sites are defined in Appendix 1 (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or (iii) Marine Nature Reserves; or (iv) National Trust Land. (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats. Some areas to which this policy appli es are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in pl ace for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward.
Environment Policy 5
Isle of Man Strategic Plan 2016
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.
Environment Policy 22
Isle of Man Strategic Plan 2016
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 24
Isle of Man Strategic Plan 2016
Environment Policy 24: Pollution-sensitive development will only be allowed to be located close to sources of pollution where appropriate measures can be taken to safeguard amenity. 7.20 Contaminated Land 7.20.1 Contaminated land on the Island is typically as a result of the legacy of past industrial and chemical land uses. Perhaps the most notable sites are land areas associated with former mining practices and it is not uncommon for such sites to be close to residential areas or watercourses which can be detrimentally affected by such contamination. Foxdale is a prime example of a former mining village, which largely specialised in lead mining during the 19 th Century under the control of the Isle of Man Mining Company, and physical evidence can still be found of important archaeological remains. A number of studies have revealed varying degrees of contamination across Higher Foxdale, much of which still requires reclamation from heavy metal contamination. It is recognised, however, that some of the former mining areas host a variety of rare plants which may have ecological value. (1) Environmental Impact Assessment: A Guide to Procedures. Department of the Environment Transport and the Regions (2000). 7.20.2 The practice of reclaiming contaminated land and bringing it back into beneficial use is supported, whether it be suitable in the end for open space or residential development or as deemed appropriate in the Area Plans. It is important that however former contaminated land is utilised, both health and property are safeguarded. Detailed surveys may be required to identify the extent of contamination and how contamination problems can be overcome. On sites where the Depar tment has no control, the developer will have responsibility to ensure that any development site is free of contamination which may constitute a hazard to occupiers or potential users of the development or land. Furthermore, precautions will be essential to ensure that contaminants cannot escape from the site which may cause airborne or waterborne pollution or pollution of nearby land.
Condition 1
Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, parking previous, turning areas, surface water/foul drainage, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced. Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019.
Condition 2
Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
Condition 3
Any detailed application submitted at the Reserved Matters stage, shall be accompanied by mitigation in the form of bat and bird bricks. For bats, an integrated bat brick should be installed; and, for birds an integrated bird brick suitable for swifts and a house martin nest bowl should be installed. Both bird and bat boxes should be located high up on the north east or north-west elevation of any dwelling away from opening windows. The swift box should not be located above the flat roof. - Reason: To mitigate against the loss of potential bat roost, and bird nesting sites within the existing structures on site, and to enhance the Biodiversity offering of the development.
Condition 4
Any detailed application for a new dwelling submitted at the Reserved Matters stage, shall be accompanied by a scheme of acoustic treatment to be applied to any new dwelling or rooms containing living accommodation as part of the development. Such details as approved shall be implemented prior to the first occupation of the dwelling and shall thereafter be retained and maintained for the lifetime of the development. Reason: To mitigate against potential noise disturbance to occupants of the dwelling from lawfully established adjoining workshop uses.