10 December 2024 · Committee
Duxbury House, Ballamodha Straight, Ballasalla, Isle Of Man, IM9 3el
Permission was granted to replace one of three large agricultural sheds at Kingsley Farm, Ballamodha Straight, Ballasalla, with two pod structures intended for tourist accommodation. The farm includes the main farmhouse, a Manx stone cottage, a detached garage, and three large green sheds set within approximately 10 acres. The officer's report assessed the principle of the change of use, the visual impact of the new pods, potential effects on neighbouring amenities, and highway safety. The officer recommended approval and the committee agreed. The application was formally permitted on 10 December 2024, subject to three conditions.
The application was approved by committee on 10 December 2024. The officer considered the principle of the development, its visual impact, effects on neighbouring amenities, and highway safety, and recommended approval. The committee agreed and permitted the proposal.
Design and visual impact
Strategic Policy
Reuse of quality buildings for Tourism
Strategic Policy
nment ................................................................................. 34 The Urban Environment ................................................................................... 48 Transport and Utilities ..................................................................................... 57 Employment ................................................................................................... 71 Town Centres ................................................................................................. 81 Tourism ......................................................................................................... 90 Open Space and Recreation, Education, Health and other Community Facilities .... 95 Residential ................................................................................................... 101 Comprehensive Treatment Areas .................................................................... 127 Appendices Appendix 1 Additional background information on Employment Land 134 Appendix 2 Recommendations set out in the Retail Study 2009 138 Appendix 3 Extracts from the Draft Area Plan for the East 'Household Size and Population Projections Paper DP EP5 (June 2019) An 'Area' approach to Plan making What is an Area Plan? The Cabinet Office has a responsibility, afforded to it by Section 2 of the Town and Country Planning Act 1999, to prepare the Island Development Plan (IDP). The purpose of the IDP is to set out the general 'Policies' in respect of the development and other use of land on the Isle of Man , and also to identify the 'Proposals' which relate to specific places or issues , depending on the particular plan area. The two types of plan prepared and which make up the 'Island Development Plan' are: • a strategic plan, and • one or more area plans. The Isle of Man Strategic Plan 2016 (the Strategic Plan ) was approved by Tynwald on 15th March 2016, coming into operation on 1st April 2016. In hierarchical terms, the strategic plan sits above the area plans in the sense that the proposal in an area plan shall be in general conformity with the strategic plan. The implementation of Policy set out in the Isle of Man Strategic Plan This Area Plan for the East elaborates on the broad policies set out in the Isle of Man Strategic Plan relating them to precise areas of land. The Plan's final form has been shaped by the Report of the Public Inquiry published on 6th December 2019 and the representations received on the proposed Modifications published on 14th February 2020. The Area Plan for the East is made up of a Written Statement (this document) and a series of Maps. The Written Statement contains 'Proposals' which are either site s pecific, relatable to a specific issue in the East or on occasion in the form of a policy statement for a specific area. A number of 'Recommendations' are also included. These are statements of intent where the Cabinet Office has no direct control over i mplementation. They are intended to act as encouragement to other Departments or bodies to work together with the support of Cabinet Office to take action on or to deliver on particular matters or policy statements. How many Area Plans will there be? It is the intention to produce a limited number of Area Plans. There is already an Area Plan for the South which covers Castletown, Port Erin, Port St Mary, Rushen, Arbory, and Malew. The Area Plan for the East will be followed by an Area Plan for the North and West. Current legislation allows an area plan to relate to the whole of the Island or to such part as may be specified therein. It is the aim to produce, in time, a single 'All-Island Area Plan' alongside one Strategic Plan. These Plans would be capable of being reviewed or updated in tandem. The geographical coverage of the area plans thought most likely at the time of the Isle of Man Strategic Plan 2007 1 was identified in the Island Spatial Strategy (Chapter 5) of th at document which was subsequently carried forward to the Isle of Man Strategic Plan 2016. The extent of the Plan boundaries set out in the first iteration of the Strategic Plan, is set out below: Area Plan Coverage Area Plan Local Authority Area Douglas and the East Borough of Douglas, the district of Onchan and the Parishes of Braddan, Garff (Laxey and Lonan Wards only), Marown and Santon The South Parishes of Rushen, Arbory and Malew, Villages of Port Erin and Port St Mary and the town of Castletown Peel and the West Peel, and the Parishes of Patrick, German, and Michael Ramsey and the North Ramsey and the Parishes of Andreas, Ballaugh, Bride, Jurby, Lezayre, and the Maughold Ward of Garff The Area Plan for the East's geographical context 1.4.1. The Area Plan boundary is shown on Map 3 and includes Douglas, Onchan, Braddan, Garff (Laxey and Lonan Wards only), Marown, Santon and Braddan and adjoins the Parishes of Malew, Patrick, German, Michael, Lezayre and Garff (Maughold Ward). Whilst these
General Development Considerations (a-n)
General Policy
ices, our infrastructure and our health and social well-being. Bringing the Area Plan for the East into operation remains one of the priority actions for planning in the Programme for Government 2016-2021. For much of its development, I contributed through my former Ministerial role in the Department of Infrastructure and it is plain to me now just how widely the Island Development Plan as a whole stretches into policy development in every Department. I appreciate that preparing this Plan has taken time, but the procedural requirements exist to ensure transparency and opportunities for full engagement by Government Departments, Local Authorities, land-owners and developers, local interest groups and residents alike. The Report of the Public Inquiry , published in November 2019 , and the responses to the Modifications, published in February 2020, have shaped the final changes to the content and format of the Plan. It now forms part of the statutory 'Island Development Plan', and specifically provides a local framework for how Douglas and the surrounding settlements are likely to grow, change or stay the same for the remainder of the Plan Period (up to 2026). It replaces all extant plans and is a material consideration when planning applications are determined. Recent events have led to some questions whether the timing is right to release the Plan. I believe firmly that it is. I would like to thank all those who have contributed through out this Plan's development. Such engagement is invaluable and makes for a more rounded and robust plan and ensures matters and sites are fully scrutinised. I look forward to seeing how the Area Plan for the East influences change as we embrace our digital, green and safe Island. Ray Harmer, MHK Minister for Policy and Reform Contents An 'Area' approach to Plan making ..................................................................... 1 The Role of the Area Plan for the East ................................................................ 7 Spatial Vision in the East ................................................................................. 13 Landscape Character and Appearance............................................................... 17 The Natural Environment ................................................................................. 34 The Urban Environment ................................................................................... 48 Transport and Utilities ..................................................................................... 57 Employment ................................................................................................... 71 Town Centres ................................................................................................. 81 Tourism ......................................................................................................... 90 Open Space and Recreation, Education, Health and other Community Facilities .... 95 Residential ................................................................................................... 101 Comprehensive Treatment Areas .................................................................... 127 Appendices Appendix 1 Additional background information on Employment Land 134 Appendix 2 Recommendations set out in the Retail Study 2009 138 Appendix 3 Extracts from the Draft Area Plan for the East 'Household Size and Population Projections Paper DP EP5 (June 2019) An 'Area' approach to Plan making What is an Area Plan? The Cabinet Office has a responsibility, afforded to it by Section 2 of the Town and Country Planning Act 1999, to prepare the Island Development Plan (IDP). The purpose of the IDP is to set out the general 'Policies' in respect of the development and other use of land on the Isle of Man , and also to identify the 'Proposals' which relate to specific places or issues , depending on the particular plan area. The two types of plan prepared and which make up the 'Island Development Plan' are: • a strategic plan, and • one or more area plans. The Isle of Man Strategic Plan 2016 (the Strategic Plan ) was approved by Tynwald on 15th March 2016, coming into operation on 1st April 2016. In hierarchical terms, the strategic plan sits above the area plans in the sense that the proposal in an area plan shall be in general conformity with the strategic plan. The implementation of Policy set out in the Isle of Man Strategic Plan This Area Plan for the East elaborates on the broad policies set out in the Isle of Man Strategic Plan relating them to precise areas of land. The Plan's final form has been shaped by the Report of the Public Inquiry published on 6th December 2019 and the representations received on the proposed Modifications published on 14th February 2020. The Area Plan for the East is made up of a Written Statement (this document) and a series of Maps. The Written Statement contains 'Proposal
Exceptions to development in the countryside
General Policy
e Character 'Areas'. The East has 5 of the 9 identifiable landscape 'types' on the Island and 20 of the 59 landscape character 'areas' (see Map 2 'Landscape Assessment Areas' and annotated Map 3 below). Geographically, the coverage of the plan is limited to seven Local Authorities but landscape character and key views do not stop at a Local Authority boundary. There must be an appreciation of our landscape whether looking outwards from the eastern area or towards it. In terms of the Assessment Report, Douglas, Onchan and part of Lonan were identified only as 'Urban' and so not defined by either a landscape Type or Area. Again, the transition from one area to another is unlikely to be rigid but rather a gradual change. This should be noted in any interpretation of the landscape mapping. The findings of the Landscape Character Assessment Report The Landscape Character Assessment, in particular the landscape strategies and key views, have informed a number of proposals that protect specific views and viewpoints. Where there are no specific landscape proposals for an area, the landscape strategies and key views shall be taken to be the policy approach for the area, as set out in Landscape Proposal 1. The strategies and key views concentrate upon the aesthetic nature of 'the view '. The concept of a 'view' is somewhat challenging to identify in a paragraph but the Assessment Report highlights - which has been repeated here - a number of different landscape 'features' that can be identified and distinguished from one area to the next. There is not a statutory right to a view; it is rather a part of the concept of amenity or the charm of an overall setting. It is important therefore that in many places, such views should be recognised and protected from harm. As stated above, w hile each Landscape Character Area identified through the A ssessment Report is valued, some areas require specific proposals due to the particular sensitivity to change and potential harm to their intrinsic landscape qualities that could result from development. Some Landscape Character Areas will have greater capacity to accept new development than others; it may be possible that landscape harm could be mitigated through careful design and landscaping measures. Objectives i. To protect and enhance where possible, the distinctiveness, special features or key views that contribute to the landscape character of identified Landscape Character Areas in the plan area. ii. Ensuring development respects and enhances and causes no adverse effect on, the scenic amenity, landscape features and view corridors of each settlement. iii. To protect landscapes and significant open spaces that contribute to character, identity and sustainable environments. Desired Outcomes i. Sensitive landscape areas are protected so that new development does not detract from their natural quality. ii. Landscape qualities, open space linkages and environmental performance in non -urban areas are improved. iii. The natural landscape is recognised for its ae sthetic value and as a fully functioning system. iv. Key features are protected and enhanced. In order to support these desired outcomes: • All landscapes and locally important views have been identified. • Specific proposals have been made which seek to protect vulnerable views and viewpoints from inappropriate development. • Where proposals support new development sites in this plan, development briefs will require applications for planning approval to provide a landscape assessment where appropriate, showing how the effect of any proposal on the overall landscape setting and appearance has been fully taken into account and how this is mitigated or even integrated into the overall design. An overview of Landscape Character and Appearance in the East The Landscape Character Assessment Report described the landscape character of the East, and this remains a fair description. Starting with the Northern Uplands and the peaks of Slieau Lhean, Slieau Ouyr and Slieau Ruy, these form a ridge separating Maughold and Laxey. Characterised by open moorland and upland streams, the hills then descend towards Laxey Bay, enclosed by the steep, wooded sides of the glen and valley. At Clay Head jagged cliffs lead to a rocky foreshore of Garwick Bay. Gently undulating topography leads through Groudle and Conrhenny towards Onchan, via a dense network of banks, Manx hedges and ditches. The two mile stretch of Douglas Bay dominates the eastern coast and is enclosed by Onchan Head and Douglas Head. The Central Valley stretches from the southern edge of Douglas Bay to St John's, taking in the settlements of Union Mills, Glen Vine and Crosby and forming the Island's indiscernible 'north-south' dividing line. Inland, the valleys of the River Glass and River Dhoo are densely wooded. Further South, the Chibbanagh coniferous plantation just north of Mount Murray is surrounded by gorse and rough grazing, changing to a geometric pattern of fields a
Conversion of rural building to tourist use
Business Policy
conversion of redundant buildings in the countryside to tourist
Business Policy
s and workshops in Douglas creating a vibrancy that is perhaps lacking today. This Plan encourages the reintroduction of people living in the mostly vacant floors above the town's shops and offices12. More people living in the town will, it is hoped, create a more vibrant environment which will have a positive impact upon the day time and particularly, the night time economy within the town and will also enable us to respond to changes in new and emerging working patterns. Urban Environment Recommendation 1 For Government owned land in the East which is vacant or underused, it is recommended that Departments work together to clarify issues including direction, preferred uses, funding mechanisms, timing, the role of the private sector and connectivity to other uses and sites , in line with the Vision set out in this Plan. The achievement of cooperation and skills development will assist in the process of optimising the potential of all vacant and underused sites. Regard should be had to the recommendations contained within the Report of the Select Committee of Tynwald on the Development of Unoccupied Urban Sites 2017-2018 and subsequent Action Plan and outcomes. The Select Committee was convened to investigate how to encourage and prioritise the development of unoccupied or previously developed urban sites ahead of countryside sites. 12 And in doing so, supports the additional permitted development rights approved for some areas - see SD 2019/0459 as amended by SD 2020/349 Urban Environment Proposal 1 The creation of residential units on the upper stories of buildings part icularly in Douglas town centre or the subdivision of buildings (particularly in the case of older and underused buildings) for residential use will generally be supported provided proposals do not conflict with other strategic policies or proposals in this Plan. Principles of good design In the Strategic Plan, Strategic Policy 5 states that 'New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island'. A positive contribution means making places which are attractive and safe areas to live, work and invest in. In order to achieve this, it is essential that detailed design proposals be based around an understanding of constraints and opportunities of the site and that the propos al responds positively to local context, in terms of its scale, form, layout, materials, colouring, fenestration and architectural detailing. This, in turn , depends on good understanding of the local character of the individual settlements in the East. Local character is defined by the natural and physical features of an area, including its topography, the pattern of streets and public spaces, the street scene, the density of development, the scale and form of buildings and the materials used in construction. Housing developments have been criticised in recent decades for their uniform and standardised appearance. In order to avoid creating homogeneous and sterile neighbourhoods, developers will be encouraged to incorporate a mix of property types of a varying scale, utilising a range of complementary materials wherever possible. Similarly, the layout of development should encourage integration with surrounding areas and not be inward facing. Regarding extensions, it is recognised that the use of alternative materials and detailing in extensions and alterations can, in some case, enhance the character of an existing buildi ng and/or the surrounding area. The layout, orientation and design of buildings can reduce the need for energy consumption by maximising the potential to secure the benefits energy provides e.g. heating, lighting and cooling, through alternative means. Where layout, orientation and design is not constrained or dictated by other factors i.e. by the character of the surrounding area or the juxtaposition of adjacent buildings, applicants for planning approval will be encouraged to demonstrate how the design of the development has reduced the need for energy consumption. Public Realm 'Public realm' refers to the publicly accessible areas between buildings; the streets, paths, squares and parks that people use and move through on a day -to-day basis. Ensuring a high-quality, safe and accessible public realm is an essential part of cre ating environments that people want to live, work and invest in. Due to Douglas' importance as an event centre for the Island, it is essential that public and private open spaces retain their accessibility and amenity when the user population hikes, such as during TT fortnight. New and redeveloped elements of public realm must be designed to reinforce or complement the distinctive character of the local area and to ensure that they are attractive, safe, accessible and well connected to their surroundings. The provision of walking and cycling routes through these sites to encourage their use is essential. Doug
Tourist development in rural areas
Business Policy
Protection of the countryside and its Ecology
Environment Policy
Use of rural buildings to tourism
Environment Policy
ovide special opportunities for the study of matters relating to these interests. This Plan does not propose any specific Proposals at this time. Areas subject to flooding and erosion In 2016, the National Strategy on Sea Defences, Flooding and Coastal Erosion Evidence Report was published10. It identified areas at risk of fluvial, surface water and coastal flooding and coastal erosion now and in the future taking into account climate change, economic growth and development and population growth. The Evidence Report included a comprehensive Risk Assessment to assess the impacts of coastal, fluvial and surface water flooding and coastal erosion on key economic, infrastructure, environmental and social receptors. Within the Eastern area, Douglas (comprising Douglas Bay, Douglas Harbour, Glass/Douglas/Dhoo/Middle River Confluence, River Glass and Upper Dhoo) and Laxey were identified as being at high risk both now and in the future and requir e urgent consideration, further investigation and potential intervention to reduce the evident risk. Flooding can threaten life and cause damage to property and public infrastructure and it is essential that the Isle of Man builds its economic, environmental and social resilience with regard to flooding. The effects of weather events can be increased by decisions about the location, design, and nature of development, and may be affected by future climate chan ge. Consideration of flood risk has therefore formed an integral part of both the process of allocating land for development in the Area Plan for East, with flood risk acting as a 'critical constraint' in the Site Assessment Framework used to assess proposed sites. 10 National Strategy on Sea Defences, Flooding and Coastal Erosion 2016, GD No. 2016/0044 Flood Risk Maps have been produced by the MUA and the data contained therein has been used to identify Flood Risk Areas in the plan area. The risk areas shown relate to tidal flooding and fluvial flooding. The fluvial flooding maps illustrate a 100 year return period and for tidal a 200 year return period. Land outside of these areas is considered to be at low risk of flooding from main rivers and the sea, although it may be at risk from other sources such as surface water and groundwater flooding. Natural Environment Recommendation 3 The Department supports further consideration and investigation of the impacts of coastal, fluvial and surface water flooding and coastal erosion on key economic, infrastructure, environmental and social receptors. The ongoing work of the Flooding Advisory Group is recognised as part of this, as well as the findings and recommendations set out in the Laxey Flood Independent Review Report. 11 The following, including the areas of Douglas (comprising Douglas Bay, Douglas Harbour, Glass/Douglas/Dhoo/Middle River Confluence, River Glass and Upper Dhoo) and Laxey, are all identified as being at high risk both now and in the future. 11 The Laxey Flood of 1st October 2019 took place during the Public Inquiry. The Independent Review Report was published on 29th May 2020 and is available on the Isle of Man Government Website https://www.gov.im/ The Urban Environment Introduction Our towns and villages should be places t hat bind communities together. Placemaking is driven by making the most of existing urban fabric, maintaining it well and making incremental improvements. A high quality urban environment contributes to a good quality of life and encourages walking, cycling and public transport as instinctive and attractive options. Good quality urban areas are designed, built and maintained on the principle that people come first. Urban places in the East The urban environment of the East is diverse and represents a multi-layering of the Island's past, present and future. All of the East's settlements compare favourably with those of neighbouring nations in terms of safety and in general quality of life is perceived as being high, reflective in many ways of the close proximity of our urban areas to the great outdoors. High quality Georgian and Victorian architecture shares space with the Manx vernacular and a range of twentieth century styles; covering a span of uses stretching from residential, to business premises, office spaces, shops, civic buildings and public realm. The urban environment faces significant challenges: the mixed quality and upkeep of much of the East's building stock can give an impression of a lack of unity in the built environment. Challenging topography, particularly in Douglas and Laxey, places a significant constraint on creating attractive, viable and usable places. Making space for residents, visitors, cars, public transport and bicycles in the built up Capital sets a challenge which needs addressing sooner rather than later. Growth in new employment sectors and changes in our working practices will have a significant impact on the demands we place on our u
Condition 1
1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
- 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Condition 2
- 2. Prior to the occupation of the tourist pods - the parking as indicated on drawing ' 24/KF/MSP`, shall be completed ready for use and retained thereafter for their particular use. Reason: To ensure that the car parking are achieved and provided and in the interests of highway safety.