14 February 2024 · Delegated
Glen Wyllin Camp Site, Glen Wyllin, Kirk Michael, Isle Of Man, IM6 1al
Permission was approved for 8 moveable camping pods, 7 cabins, a barbecue area, bollard lighting, 2 canvas yurts, a car parking area, drainage channels (part retrospective), extensions to the facilities building, and the erection of 2 sheds. The application also involves extending the camping period for the five cabins on the upper section until the end of December in any year. The council determined to approve the application subject to conditions. The decision considered key issues including the principle of development, design and visual impact (including the conservation area and wider landscape), and impacts on residential amenity. The site is described as part of the majority of the Glen Wyllin Camp Site, accessed off the A4 highway to the south-east, and containing a mix of land uses including camping/caravanning areas, hardstanding access to the beach, and other buildings.
The council decided to approve the application for additional camping units and associated works at Glen Wyllin Camp Site. The decision was made subject to conditions. The planning issues considered included the principle of the development, design and visual impact (including the conservation area and wider landscape), and effects on residential amenity.
Development within Conservation Areas
Isle of Man Strategic Plan 2016
Environment Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.
Environment Impact Assessments
Isle of Man Strategic Plan 2016
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.
Development and flood risk
Isle of Man Strategic Plan 2016
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
Design and visual impact
Isle of Man Strategic Plan 2016
Strategic Policy 5: New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies. 4.4 Economy 4.4.1 The Spatial Strategy identifies the Major Employment Areas around the Island. While the majority of business and employment is focused around the Douglas Metropolitan Area, there are other major employment areas at Castletown, the Airport/Freeport, Peel, Ramsey and Jurby. The Department considers the distribution of employment areas provides a spread of employment opportunities around the Island. While recognising the opportunities for small scale local employment within existing centres it is considered new employment should, in the main, be concentrated within existing settlements or those major employment areas referred to in the Island Spatial Strategy and illustrated on the Key Diagram. Existing Local and new Area Plans will provide detailed boundar ies for these areas. From time to time Government may judge it appropriate to offer financial incentives to encourage economic activity or investment in particular parts of the Island.
Tourism development to accord with sustainable development objectives
Isle of Man Strategic Plan 2016
Business Policy 11: Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designat ions which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be (1) Tourism Strategy 2004 - 2008 Fit for the Future Department of Tourism and Leisure April 2004 situations where existing rural buildings could be used f or tourist use and Environment Policy 16 sets out the circumstances where this may be permitted.
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
At no time shall the numbers of camping units on the site exceed a total of: 60 caravans or motorhomes, 120 tent pitches, 2 yurts, 8 log cabins, and 8 camping pods.
Condition 3
No person shall be permitted to stay overnight on the site outside the months of April to September inclusive, exception for the 5 No cabins located in the northern portion of the site and associated barbecue area, where overnight stays may be permitted between the months of April and December inclusive.
Condition 4
No touring caravans shall be stored on the site outside of the months of April to September inclusive, and no static caravans shall be brought onto the site at any time.
Condition 5
Prior to the occupation of development, the flood bund shall be constructed in full accordance with the approved details and thereafter retained and maintained in perpetuity.
Condition 6
The approved Wet Weather and Flood Contingency Plan dated April 2022 shall be implemented in full and in perpetuity.
Condition 7
The mitigation measures outlined within section 6.1 of the Preliminary Ecological Appraisal dated November 2021, shall be carried out in full accordance with such details.
Condition 8
All external lighting within the site shall be erected in accordance with the approved drawings and shall comprise only downward pointing bollard lighting as specified within section 6.1 of the submitted Preliminary Ecological Appraisal dated November 2021. Further details must be submitted to the Department for approval in the event that a different lighting type is to be used or additional lighting is to be introduced to the site.
Condition 9
The approved development shall be constructed in full accordance with the recommendations and mitigation measures identified within the Arboricultural Advice document by Manx Roots, dated 6th February 2023, and the accompanying Referenced Photos document. Any deviation from the identified recommendations and mitigation measures must be submitted to the Department for approval in writing.
Condition 10
The cabins, yurts and camping pods hereby approved shall not be used or occupied other than for the purpose of short-term holiday let accommodation and shall not be used as separate dwellings. They shall not be occupied by the same person or persons for a single period or cumulative periods exceeding 28 days in any calendar year.
Condition 11
In the event that the use of the development hereby approved ceases for a period exceeding 36 months, the areas occupied by the development hereby approved shall be restored within a period not exceeding 30 months from the date of the cessation, in accordance with details which have first been approved in writing by the Department and which shall include the removal of the 8 camping pods, 7 log cabins and 2 yurts.
Condition 12
Before the accommodation units hereby approved are first occupied bird and bat boxes shall be installed on the site in accordance with details which have been approved by the Department.
Condition 13
Any connections to the public drainage system shall be made in accordance with details approved in advance by the Department.