Change of use from industrial to a residential garden

General Development Considerations

The development accords with General Policy 2

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

Pollution sensitive development

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.

Existing settlements

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.''

Land zoned for industrial use

the proposal conflicts with Business Policy 5

Business Policy 5: On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution; retailing will not be permitted except where either: (a) the items to be sold could not reasonably be sold from a town centre location because of their size or nature; or (b) the items to be sold are produced on the site and their sale could not reasonably be severed from the overall business; and, in respect of (a) or (b), where it can be demonstrated that the sales would not detract from the vitality and viabil ity of the appropriate town centre shopping area. 9.2.7 Where industrial development is proposed, it is essential that all parking and manoeuvring by vehicles which will be generated by the use of the site can be accommodated within the site and off the highway. This is particularly important within industrial estates where lack of parking and manoeuvring space can create significant difficulties for other estate users, particularly where the use of large and articulated vehicles is involved. Where mezzani ne levels are proposed after a building has been completed, the Department may require more parking space to accommodate the additional traffic which would be generated. The standards of parking provision which will be required are set out in Appendix 7. 9.2.8 Local requirements for industrial development of a particular sort will be identified during the preparation of Area Plans. The Department is aware that, within some parts of the Island, there is a demand for small "starter units".