22 May 2024 · Delegated
Outhouses, Glynmoar House, Glen Mooar Road, St Johns, Isle Of Man, IM4 3aq
The application proposes converting three historic farm outbuildings arranged around a central courtyard, located to the north-west of Glen Mooar House, into five tourist units. One of the buildings had previously suffered a fire, leaving it roofless and in poor structural condition. A parking area of up to 19m x 19m providing six spaces, weaved between existing trees, was also proposed to the rear of one of the barns, along with a cycle store. The buildings form part of Registered Building 268 (RB 268), and the key planning issues were whether the conversion would preserve the special interest of the registered buildings, whether the increased activity from tourist use would harm the countryside setting near Tynwald Hill, and whether highway, ecology, and amenity impacts were acceptable. The scheme was amended during the application to address highway concerns including parking layout, disabled bays, pedestrian access, and passing places. Conditions were imposed requiring landscaping and replanting to offset tree loss, and compliance with the Wildlife Act 1990 in relation to bats, birds, and Japanese Knotweed.
The proposal met the statutory test under section 16 of the Act because the restoration and repair works to the historic fabric were judged to offset the harm caused by the interventions, preserving the special interest of the registered buildings. The development was also found to be consistent with policies supporting conversion of redundant rural buildings of architectural and historic interest into tourist accommodation, and the amended scheme was judged not to adversely affect the countryside or cause unacceptable highway, noise, or lighting impacts.
general policy 3
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
strategic policy 4
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 '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
Housing Policy 16
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
Housing Policy 16
The application meets the statutory test within section 16 of the Act
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
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
Prior to the installation of any external lighting on the site (whether for security, decorative, directional or any other purpose), details are to be submitted to and approved in writing by the Department. Thereafter, any external lighting is to be installed in accordance with the approved details.
Condition 3
The development hereby approved shall not be used or occupied other than for the purpose of short-let holiday accommodation and shall not be used as a separate dwelling (or dwellings). The accommodation hereby approved shall not be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any calendar year.
Condition 4
Prior to any works being undertaken relating to the roof, gables or eaves, including any roof preparation or clearance works, a bat mitigation plan including a method statement for construction works on or around the roof spaces shall be submitted to and approved in writing by the Department. These details shall include but are not limited to the following: - o Timing of works - o Details of supervision and checks by a suitably qualified ecologist - before, during and on completion of works - o Details of at least 2 bat boxes suitable for crevice dwelling bats to be installed and details of their timing of installation - o Detail about how construction works are to be carried out - such as isolation of loft areas, continued access by bats, creation of a new bat access points (including type, location and number of access points) - o Details of roofing membranes to be used - o Details of the steps that will be taken should bats be found during works - o Detail of how contractors will be made aware of the presence of bats and the mitigation plan to be worked too. The works shall be carried out in full accordance with the approved details unless alternative details are first submitted to and approved in writing by the Department. Reason: To ensure suitable mitigation is in place to safeguard bats.
Condition 5
Notwithstanding previously submitted tree removal plan TR-24119D1, no trees shown to be retained on Proposed Site Plan 18/2742/14N are to be removed as part of the works hereby approved.
Condition 6
Prior to the commencement of the works hereby approved, a tree protection plan is to be submitted to and approved in writing by the Department. Thereafter, the tree protection plan is to be adhered to in full for the duration of the works. Reason: To ensure that the existing trees on the site are adequately protected.
Condition 7
Prior to the occupation of any of the tourist units hereby approved, the access driveway and car parking areas shown on drawing 18/2742/14N are to be completed and available for use. Thereafter, the access drive and car parking areas are to remain available for use by the occupants of the tourist units.
Condition 8
Prior to the occupation of any of the tourist units hereby approved, a landscaping scheme is to be submitted to and approved in writing by the Department. Thereafter, all landscaping shall be carried out in accordance with the approved details. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department. Reason: to ensure the provision of an appropriate landscape setting to the development.
Condition 9
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the units hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.
Registered Building Consent for the same works
Approval in principle for conversion of barns into single dwelling
Approval in principle for conversion of barn to office accommodation
Conversion of redundant long barn to 4 self-contained tourist apartments