Installation of a protective lift housing structure on the roof of the building with associated internal access

General Policy 2

The proposal complies with General Policy 2 of the Isle of Man 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 10

any application within a flood risk zone requires a flood risk assessment.

irements of the relevant gas supply agency. Flood Risk 63 There was widespread concern about the adequacy of drainage and the risk of flooding, particularly in parts of Braddan, Onchan and Laxey. Environment Policy 10 of the Strategic Plan indicates that where development is proposed on any site where there is a potential risk of flooding, the prospective developer will be required to submit a flood risk assessment, together with details of proposed mitigation measures. This approach is reinforced in Utilities Proposal 6 of the draft Area Plan, which (among other things) requires the incorporation of Sustainable Drainage Systems (SuDS) into new developments, to attenuate the rate of surface water run-off. I consider these policies to be reasonable. Clearly, without adequate mitigation measures, new building should normally be resisted on land which is at serious risk of flooding, or where the proposed development would increase the flood risk elsewhere. 64 In my view, the format of Utilities Proposal 6 could be improved. First, as a Proposal of the Area Plan, I consider that it should be in a bold typeface, to differentiate it from the supporting text. (The same applies to a number of other policies e.g. Transport Policy 2, and Utilities Policies 2 and 5). Second, there appears to be an error of syntax at the start of the second sentence of Utilities Proposal 6, which should perhaps read 'Strategies to achieve this will include …'. Third, the third bullet point of this Proposal introduces SuDS. Subsequent bullet points describe features of SuDS, and are therefore subordinate to the third bullet point. For clarity, I consider that they should be indented. I recommend that the draft Area Plan be modified accordingly. Sewage Treatment 65 There was also some public concern about the adequacy of the sewerage system, both in terms of its capacity to accommodate the effluent from proposed residential development areas, and in terms of the current practice of discharging untreated sewage into the sea. Infrastructure Policy 1 of the Strategic Plan indicates that developments entailing the erection of multiple dwellings should take place only on sites that will ultimately be connected to the IRIS system, which takes sewage to a treatment works at Meary Veg. (IRIS is an acronym for Integration and Recycling of the Island's Sewage). However, as long ago as 2006/7, a review was undertaken to decide whether to continue with the IRIS strategy. This concluded that it would be beneficial to adopt a regional sewage treatment strategy (RSTS) for those settlements that were not already connected to the IRIS system, including Laxey, Baldrine and settlements in the Central Valley. To that extent, Infrastructure Policy 1 of the Strategic Plan is now out of date. 66 I understand that a planning application will soon be submitted for the development of a local sewage treatment facility for Laxey. Feasibility studies for the provision of a similar facility to serve Baldrine are ongoing. A replacement sewage works at Ballagarey, serving part of the Central Valley became operational in 2018. However, capacity limitations mean that planned development in Crosby is likely to have to rely on standalone sewage treatment for the time being, until the existing treatment works is replaced as anticipated in 2022. The Programme for Government (2016-2021) indicates an intention to complete the regional sewage treatment infrastructure within the lifetime of the present administration. 67 It seems to me that these considerations should be taken into account in the allocation and phasing of land for development. I will return to this matter when considering the draft Area Plan's proposals for housing. Electricity Renewable Energy 68 Peel Energy considered that the Area Plan should contain a detailed and specific chapter on renewable energy, providing measurable criteria against which applications for the development of renewable power generating facilities would be assessed. They cited the States of Jersey Island Plan 2011, which includes such material. And they pointed out that a Climate Change Emergency has recently been declared on the Isle of Man; that a Climate Change Bill is soon to be presented to Tynwald; and that there has been strong public support for the Government's Climate Change Mitigation Strategy. They argued that, in failing to provide detailed guidance on renewable power generation, the Area Plan was inconsistent with the Strategic Plan; and that since the Area Plan post-dated the Strategic Plan, its largely negative provisions would prevail. 69 Energy Policy 4 of the Strategic Plan applies to development proposals for renewable energy generated by wind, water, tidal or solar power. It indicates that any such proposals will be judged against that Plan's environmental objectives. Proposals for wind, water or tidal power would need to be supported by an Environmental Impact Assessment. The supporting text indicates that renewable energy schemes will be given similar scrutiny as is gi

Environment Policy 23

any increased impact on neighbours.

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).

Environment Policy 42

promotes development taking account of locality in design.

pment. 8.13.2 The extent of formal open space with in settlement boundaries in the South is identified on the Proposals Map (Map 3) and Inset Maps (Maps 4-7). The Isle of Man Strategic Plan (Environment Policy 42) seeks to protect these open spaces and indicates that: 8.13.3 "Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a partic ular area will not be permitted.''

Community Policy 7

prevent criminal activity and reduce spread of fire

Community Policy 7: The design of new development and the extension and refurbishment of existing buildings and development must, as far as is reasonably practical, pay due regard to existing best practice so as to help prevent criminal and anti-social behaviour. 10.12.2 The Isle of Man Constabulary has suggested that neighbourhood police stations, where the public can meet police officers, are needed to improve community safety. In the majority of cases these will need to be provided within existin g communities as opportunities arise. Consideration should be given to incorporating such facilities in larger new developments in association with other community facilities.

Infrastructure Policy 5

conserve the Island's water

, if it can be demonstrated that development there would not result in an incursion into the countryside. However there is no corresponding proposal for residential areas. Proposed Change 75 (in PIP5) now indicates that appropriate colour washes should be applied to the Proposals Map, to show the Mount Murray and Braddan Hills areas as 'Predominantly Residential'; and the Snugborough Estate as 'Industrial'. I agree with this. I also recommend that the whole of the waste management area at Richmond Hill should be similarly delineated and washed over as a site for 'Special Industry' (as defined in paragraph 9.2.3 of the Strategic Plan). CHAPTER 4 - LANDSCAPE Landscape Character Areas and Areas of High Landscape Value 25 Chapter 4 of the draft Area Plan is headed 'Landscape - Character and Appearance'. It draws on a Landscape Character Assessment Report which was prepared for the Government by consultants in 2005. The report describes the qualities of a series of Landscape Character Areas, and identifies landscape features that are worthy of protection. It excludes consideration of the urban areas of Douglas and Onchan. 26 Landscape Proposal 1 of the Area Plan states that the broad landscape strategies and key views for each Character Area are to be regarded as policy statements on matters of landscape in the East. Applicants for planning approval must demonstrate that consideration has been given to these strategies and key views. Twenty different Character Areas are identified. The key strategy for each of them is to 'conserve' (or 'conserve and enhance') the 'character, quality and distinctiveness' of the area; and of certain specified landscape features. During the inquiry, a number of objectors to proposed land allocations argued that this policy of landscape conservation should outweigh other considerations which might tell in favour of development. In my view, if landscape policy fails to distinguish between areas of outstanding beauty or cultural interest on the one hand, and less sensitive areas of countryside on the other, it may become increasingly difficult to find sites for essential development. 27 The approach set out in the Area Plan is intended to replace a landscape policy which has been in place since 1982, and is encapsulated in Environment Policy 2 of the present Strategic Plan. That policy identifies Areas of High Landscape or Coastal Value and Scenic Significance (AHLV). Within each AHLV the protection of the character of the landscape is normally the most important consideration for development control purposes. By implication, outside of AHLVs, other factors can be given relatively greater importance. I consider this to be a useful policy tool, in so far as it identifies those areas which can best absorb necessary development without harming the most sensitive landscapes. A similar policy applies in England, where the protection of the landscape is given priority in National Parks and Areas of Outstanding Natural Beauty. The general extent of AHLVs is shown in the Strategic Plan's Key Diagram. 28 Some necessary development will inevitably change and possibly detract from the character of the landscape. Examples might include the extraction and processing of minerals, the management of waste, the generation and transmission of electricity, the construction of roads, or the erection of factories and houses. In my view, it is important that landscape policy should provide guidance as to where such development might best be absorbed into the landscape with minimum harm. 29 Accordingly, it seems to me that consideration should be given to the continued designation of Areas of High Landscape Value in the Area Plan, and that priority should be given to the protection of the landscape in those areas. The Area Plan should define the precise boundaries of the AHLV. ( I note that the rural areas of both Braddan and Onchan are currently covered by a blanket AHLV designation, which may be difficult to justify). I am aware that development control officers find the descriptive material set out for each Landscape Character Area in the draft Area Plan to be useful. I see no reason why the material in question should not be retained in the Area Plan, alongside AHLV. 30 I recommend that consideration be given to the designation, in the Area Plan, of Areas of High Landscape Value, with precise and justified boundaries. Environment Policy 2 of the Strategic Plan would continue to apply within such areas. Effect of Proposed Development on the Landscape North of Douglas and Onchan 31 Miss P Newton and Dr K Kilmurry each referred to the potential impact of proposed development of sites on the northern edge of Douglas and Onchan, referring particularly to the adverse effect of building on the skyline, and the need for an overall scheme of landscaping. I consider it important that development briefs for the sites in question should make provision for the preparation of masterplans which would include comprehensive landscaping schemes. Details of these would