1 October 2024 · Delegated
Walden, Phildraw Road, Ballasalla, Isle Of Man, IM9 3eg
Permission was granted for extensions to a detached two-storey house called Walden on Phildraw Road, Ballasalla, along with a new detached garage incorporating living space above. The property sits on the eastern side of Phildraw Road and has a generous garden to the south with mature tree coverage. The officer recommended approval and the application was decided by delegated authority on 1 October 2024. Two conditions were attached to the permission. The dwelling is described as a traditional Manx house that has been significantly extended and altered over time.
The application was approved by delegated decision on 1 October 2024. The officer recommended approval and the determining authority agreed, permitting the extensions and detached garage with living space above.
Spatial Policy 3
deemed compliant
ointment of a development partner for the site. Through their planning and development management functions the Government should encourage and facilitate redevelopment of the site. Long Term SS3 Large scale units and new access created through demolition of selected strand street units (nos. 53-75) and development of new car park on the Market Street site. This long term development project will require acquisition of a number of privately owned retail units to assemble the development site. The project will very likely require use of the Government's CPO powers. As such, the project will bear significant costs for the Government, albeit that these costs should be recovered in time through the sale of the site for retail development and car parking. SS4 New Connection between St Georges & Strand Street, including demolition of Victory House. This is another long term development which is unlikely to proceed until Victory house reaches economic obsolescence (i.e. where the value of the redevelopment of the site is greater than the existing use value). Future redevelopment of Victory House offers potential to provide a new connection between St Georges and Strand Street, which should be a long term objective. The Government should use its planning and development management functions to encourage and protect this objective. Central Douglas Masterplan Site Summary of Proposal Responsibility / Role Quayside Short Term QS1 Infill at the Lord Street site / North Quay, focusing on leisure development. This surface car park site is owned by the Isle of Man Government. There is existing developer interest in acquiring the site for leisure led mixed use development. Such development accords with the objectives of this masterplan and the Government should commence marketing the site. It is recommended that the site is sold subject to a development agreement to ensure that the Government's objectives for the site are realised and that the selected developer meets a pre-agreed development programme. QS2 Support town centre circuit connecting through Wintergarden to new capital town space. A significant new amenity space should be provided on the Quayside and this is likely to be delivered in tandem with the delivery of QS1. The nature and extent of the space should be controlled through the development agreement associated with the selection of a developer for QS1. QS3 Promotion of further leisure (restaurant & bars) to create cluster. The Quayside properties are outside the Government's ownership. Reordering of this area for food and drink clustering will require joint working with landlords to promote the area generally and vacant properties in particular to these operators. Medium Term QS4 Evolution from light industrial uses to residential, with relocation of existing uses. The South Quay includes a diverse mix of employment uses, some of which appear suited to this high value location and other less so. A number of these sites have been optioned by developers and medium - long term development opportunities. Relocation of the existing industrial and trade counter uses will be necessary to facilitate higher Central Douglas Masterplan Site Summary of Proposal Responsibility / Role value residential and office developments. The Government should encourage and facilitate the relocation of the existing industrial uses and redevelopment of the site using its planning and development functions. In the first instance it will be necessary to identify a suitable site (or sites) for relocation. The Fort Short Term TF1 Leisure led uses, including hotel, cinema and winder garden with gallery space, retail and residential opportunities This surface car park site is owned by the Isle of Man Government. There is existing developer interest in acquiring the site for a leisure led mixed use development. Such development accords with the objectives of this masterplan and the Government should commence marketing the site. It is recommended that the site is sold subject to a development agreement to ensure that the Government's objectives for the site are realised and that the selected developer meets a pre-agreed development programme. TF2 Potential for marshalling yard extension and multistorey car park for The Fort development The marshalling yard is owned by the Steam Packet Company. The Government should work with the Steam Packet Company to explore and agree objectives and strategy for the redevelopment of the marshalling yard. In the first instance the Government should engage with the Steam Packet Company to understand their objectives and potential appetite to develop. If the Steam Packet Company shares cannot find common ground with the Government, the two parties could work together to procure a single development partner for the marshalling yard and neighbouring Lord Street site (QS1/TF1). Through their planning and development management functions the Government should encourage and facilitate the redevel
General Policy 2
ensuring compliance with General Policy 2 (b) and (c)
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
General Policy 3
deemed compliant
General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land (1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage. 6.4 Planning Agreements 6.4.1 Where development is acceptable and in accordance with the provisions of this Plan and the relevant Area Plan, but raises issues which cannot be addressed by the imposition of planning conditions, the Department will seek to conclude an Agreement with the developer under Section 13 of the 1999 Town and Country Planning Act.
Environment Policy 1
deemed compliant
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
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
The approved garage building shall only be used for ancillary purposes in connection with the host dwellinghouse of Walden, Phildraw Road, and shall not at any time be used as a separate unit of residential accommodation as an independent dwellinghouse.