Approval in Principle (with all matters reserved) for erection of industrial building for purposes of storage and distribution (class 2.4) with associated parking and landscaping

General Policy 2

to comply with Strategic Plan policies GP2

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

to comply with Strategic Plan policies GP2, EP4, 10, 13 and 27

uch 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 Reservoir Car Park • Conrhenny Car Park • Ballanette Nature Reserve • Axnfell Plantation Natural Environment Proposal 7 Proposals for development in the vicinity of Dark Sky Discovery Sites are to have minimal outdoor lighting and be encouraged to have a design response which is non-intrusive into the darkness of night. Baffling and directionality of lighting must be sensitive to contain any necessary lighting within a subject site only. Watercourses and Wetlands The collection of hills in the East has produced a network of mountain streams which gradually join and widen to become the rivers flowing out into Douglas Bay, Port Groudle a

Environment Policy 27

to comply with Strategic Plan policies GP2, EP4, 10, 13 and 27

Environment Policy 27: The Department will seek to enhance the natural environment, including sites contaminated by former mine workings, along with other Government Departments, local communities, the private sector and all appropriate agencies in order to ensure the appropriate reclamation, water management, planting of appropriate tree species, the management of special habitats including aquatic habitats and the removal of eyesores. 7.22 Unstable Land 7.22.1 The policy set out below aims to safeguard life and property from ground instability such as landslips and subsidence. Therefore, unless mitigating measures can be taken, development will not be permitted where it would be at risk from unstable land or increase the risk of ground instability elsewhere. 7.22.2 It may be necessary for a developer to undertake a specialist investigation and assessment to identify any remedial measures required to deal with ground instability. It may also be appropriate to carry out monitoring after the development has taken place. Ultimat ely it is the responsibility of the developer to ensure that land is safe and suitable for development. Whilst the Department will try to ensure that a development will not be put at unacceptable risk, the subsequent liability for safe development and sec ure occupancy of a site rests with the developer and / or landowner.

Strategic Policy 4

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.

Strategic Policy 11

Strategic Policy 11: The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 5,100 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2011 to 2026.

Business Policy 1

comply with Business Policies 1 and 2 of the Strategic Plan

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Business Policy 2

comply with Business Policies 1 and 2 of the Strategic Plan

ng need. 430 I recommend that no action be taken in response to this objection. Site BH013 - Land at West Baldwin 431 This site is an undeveloped area of about 2ha, on the east side of the B22 road in the West Baldwin valley. The site is remote from any of the settlements referred to in Spatial Policies 1 to 4 of the Strategic Plan, and currently forms part of the countryside. 432 The objector considered this land to be suitable for the erection of a single dwelling, which would increase the choice of housing in this area. My attention was drawn to Section 8.8 of the Strategic Plan, which concerns the possibility of adding to existing groups of houses in the countryside. I deal with that matter in paragraphs 237 to 240 above. 433 Strategic Policy 2 of the Strategic Plan states that new development will be located primarily within existing towns or villages, or, where appropriate, in sustainable extensions to those settlements. Development in the countryside will be permitted only in defined exceptional circumstances, none of which apply in the present case. In my view, the proposed allocation of Site BH013 would be contrary to this Strategic Plan policy, as it would not be in an existing settlement, or in a sustainable extension to such a settlement. Accordingly, I recommend that no action be taken in response to his objection. Site BH014 - Hampton Court, Quine's Hill 434 Site BH014 consists of about 1.4ha of open land on the north side of the A25 at Quine's Hill. It is bounded to the east by an isolated cluster of dwellings, and is otherwise in a largely rural area. The objector sought the allocation of this site for the erection of four dwellings. 435 The site is remote from any of the settlements referred to in Spatial Policies 1 to 4 of the Strategic Plan, and currently forms part of the countryside. The objector has drawn attention to Section 8.8 of the Strategic Plan, which concerns the possibility of adding to existing groups of houses in the countryside. I deal with that matter in paragraphs 237 to 240 above. 436 Strategic Policy 2 of the Strategic Plan states that new development will be located primarily within existing towns or villages, or, where appropriate in sustainable extensions to those settlements. Development in the countryside will be permitted only in defined exceptional circumstances, none of which apply in the present case. In my view, the proposed allocation of Site BH014 would be contrary to this Strategic Plan policy, as it would not be in an existing settlement, or in a sustainable extension to such a settlement. Development here would give this area a more urban character. Prospective residents would have to travel some distance for a range of everyday activities, and would probably be heavily reliant on car transport, contrary to Strategic Policy 10 of the Strategic Plan. Accordingly, I recommend that no action be taken in response to this objection. Site BH015 - Woodstock and Fairway; and Site BH019 - Hilltop Nurseries, Vicarage Road, Braddan 437 These are adjacent sites, with a combined area of about 1.1ha on the north side of Vicarage Road, Braddan. Site BH015 is a backland site, which contains some existing residential buildings. It is bounded to the south by a detached house, 'Copper Beeches', which fronts onto Vicarage Road. A tree lined vehicular access to the objection site runs along the eastern edge of this property. To the west Site BH015 is bounded by open land. To the north, there are some farm buildings. To the east, Site BH015 abuts Site BH019. 438 Site BH019 is also previously developed land, having formerly been a horticultural nursery, and subsequently used for hydroponic cultivation. It has a frontage to Vicarage Road, with access from the roundabout junction between that road and Stevenson Way. 439 In my view, these two contiguous sites should be considered together. They are outside the Existing Settlement Boundary of Douglas, which runs along Vicarage Road, but in this respect are in a similar position to Site BM006, a little to the east, which is proposed for residential development in the draft Area Plan. They are within walking or cycling distance of the existing and proposed employment areas in Cooil Road; and they are within easy reach of primary school facilities. They are within the Active Travel Plan Investment Area. I understand that development on these sites could be connected to mains services. I consider that they have good sustainability credentials. 440 Importantly the two sites are outside the TT circuit; and Vicarage Road appears to be less susceptible to peak hour congestion than some other routes in Douglas (such as Braddan Road, Ballafletcher Road, Johnny Watterson's Lane and Hillberry Road). Furthermore, residential development on Sites BH015 anBH019 would be accessible to central Douglas via routes that would avoid use of the congested Quarterbridge junction. 441 On balance, I consider that these sites should be treated as a strategic reserve for residential de

Policies F/PR/E/1; F/P/E/1; and F/P/E/2 are relevant

F/P/E/1 Policy

Policies F/PR/E/1; F/P/E/1; and F/P/E/2 are relevant

## 2.16 F/P/E/1 POLICY The site between Bawden's Shaft/the former brickworks, and Maghie's Quarry - now known as the Clocktower industrial estate - shall be designated for industrial purposes as was approved under PA 88/1161 (see Section 4). However, any proposals for further development of the site must include a review of the existing drainage infrastructure which has been installed within the site to ensure that all works have been undertaken such that any contamination present does not spread through the water courses to other parts of the village and beyond. All pipework must be non-porous and attention should be paid to the treatment of the banks of Struan Barrule to provide for geotechnical stability, safety, pollution control and access for maintenance vehicles working on the river banks themselves.

Foxdale Local Plan 1999 Policy F/P/E/2

Policies F/PR/E/1; F/P/E/1; and F/P/E/2 are relevant

## 2.17 F/P/E/2 - POLICY In areas where there is a known risk of heavy metal pollution (see paragraph 2.2i), the following guidelines must be applied when a development is proposed: i. any development proposal must be accompanied by a full site investigation including both geotechnical and geochemical reports. ii. planning applications should address the best practical options for dealing with any contaminated fill either by removal to an approved site or by isolating it in situ. iii. where, for historical reason mine spoil is existing within a development and it is unrealistic to remove/cap it, then adequate landscaping should be specified. This may include a low-cost solution of revegetation with indigenous species provided that the Department can be satisfied that an adequately stable surface can be created. This is particularly important where slopes in spoil are adjacent to stream courses and in such cases the Government may wish to enter into a joint scheme to obtain other benefits for the community such as an access, nature trail or river bank stabilisation programme. If possible, any future landscaping scheme should include an area of impeded drainage in the hope that nature can be assisted to re-create the varied and valuable plant community previously existing and including northern marsh orchid Dactylorchis and Adderstongue Fern, Ophioglossum Vulgatum. iv. where proposals contain existing or proposed slopes made or cut into toxic fill/mine waste adequate attention must be paid to slope stability, likelihood of gullying or other threats which may mobilise toxic materials to the environment. v. planning applications should show how any toxic fill is to be prevented from being mobilised both during the course of development and afterwards. vi. surface and stormwater drainage must be fully specified in plans where the land contains toxic fill/mine spoil. The general principle will be to keep surface waters and subsurface drainage away from the fill where practical. Thus drainage from roofs and tarmac/concrete must be routed through solid-walled pipes to the stream network. vii. if possible schemes should be value-added in environmental terms: for example where field drains carry water into an adjacent area of spoil the developers should be encouraged to construct interceptor drains to avoid water entering spoil beneath the development. viii. no soakaways will be permitted in these areas. ix. plans which show proposed open space (grassed areas, gardens, etc.) over toxic waste should show in adequate detail how toxic material is to be isolated from both exposure at the surface and the ingress of drainage water. This will normally mean either the use of clay or installation of a membrane barrier. x. no bare ground, either as open space or trackways, made of spoil or toxic waste should be permitted. Where activities are likely to cause wear to the surface then those areas should be capped with an inert cover to a standard specification. xi. a condition may be attached to any planning approval granted such that adequate aftercare/landscaping is undertaken. NOTE: Further to the Government obtaining other benefits from the development, such as a nature trail, the Manx Nature Conservation Trust may be of assistance in terms of practical land management to conserve and enhance the habitats and their constituent flora and fauna, production of a nature trail, provision of interpretation boards leading guided walks and field study/educational courses, giving talks and slideshows to the local community and other groups.