27 March 2015 · Committee
Land Adjacent Industrial Estate, Ballafletcher Road, Cronkbourne, Douglas, Isle Of Man, IM4 4ra
Permission was sought to vary condition two of PA 11/01290/A to extend the period of approval for a leisure/industrial development at land adjacent to the industrial estate on Ballafletcher Road in Douglas. The Department of Infrastructure refused the application on 27 March 2015. The Committee said that since the earlier approval in principle, circumstances had changed, particularly due to approval of development at Peel Road. Without a Retail Impact Assessment to consider cumulative impacts, the Committee was not satisfied it could assess impacts on the vitality and viability of existing town centres, and therefore considered the proposal could be contrary to Business policies in the Isle of Man Strategic Plan. The application site lies north of Ballafletcher Road, with sports pitches and facilities to the north and west and an existing industrial estate to the east. It is currently vacant and described as scrub land, with a Manx hedge and trees along the Ballafletcher Road boundary.
The Department of Infrastructure refused the application (15/00004/B) to vary a condition so the period of approval could be extended for a leisure/industrial development. The refusal was based on changes since an earlier approval, including the approval of another development on Peel Road. Because no Retail Impact Assessment was provided to consider cumulative impacts, the Committee could not assess effects on the vitality and viability of existing town centres, and the proposal was therefore considered potentially contrary to the Business policies for that objective.
Refusal Reasons
Major employment-generating development should be located in existing centres on land zoned for such purposes
relevant policy
Strategic Policy 6: Major employment -generating development should be located in existing centres on land zoned for such purposes and identified as such in existing Local or new Area Plans. 4.4.2 To maintain a healthy and diverse economy, there needs to be sufficient land available for industrial, office and retail purposes. Accordingly:
Undeveloped land which is zoned in Local or Area Plans for industrial, office or retail purposes will be retained and protected
Spatial Policy 7: In accordance with Strategic Policy 3 Area Plans will assess the need for Green Gaps(1) between settlements so as to avoid coalescence. (1) Green Gap is defined in Appendix 1 This page has been left intentionally blank. This page has been left intentionally blank. CHAPTER 6 GENERAL DEVELOPMENT CONSIDERATIONS CONTENTS 6.1 Introduction 6.2 Development within land-use zones 6.3 Development outside of areas zoned for development 6.4 Planning Agreements 6.5 Enforcement 6.6 Advertisements 6.7 Public Art CHAPTER 6 GENERAL DEVELOPMENT CONSIDERATIONS 6.1 Introduction 6.1.1 The Development Plan will make positive land-use allocations and provision through its policies such as to meet the Island's foreseen development needs for the period 2001 -2016. It will therefore provide the basis on which development control decisions are made during this period. 6.1.2
Development will not be permitted outside of those areas which are zoned for development
General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land (1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage. 6.4 Planning Agreements 6.4.1 Where development is acceptable and in accordance with the provisions of this Plan and the relevant Area Plan, but raises issues which cannot be addressed by the imposition of planning conditions, the Department will seek to conclude an Agreement with the developer under Section 13 of the 1999 Town and Country Planning Act.
The countryside and its ecology will be protected
relevant policy
Area Plan for the East sets out locally-applicable means for implementing the policies set out in the Isle of Man Strategic Plan 2016. In that Strategic Plan, we find the Environment Policies. Environment Policy 1 states: The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over- riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative. Maintaining the purpose of this Area Plan as a means of implementation, there is some further direction to be found in the Strategic Plan, at paragraph 7.2.1: 'Whilst landscape and coastal change is inevitable, and in some cases desirable, the emphasis must be on the appropriateness of this change and the balance or equity between the needs of conservation and those of development. The primary goal must therefore be to respect, maintain and enhance the natural and cultural environment including nature conservation and landscape and coastal quality, and ensure its protection from inappropriate development.' Given the comprehensive nature of the Isle of Man Strategic Plan's Environmental Policies, only a small number of additional Proposals and Recommendations are necessary. In order to produce an implementable Area Plan for the East it is necessary to recognise those statutory desig nations and strategies which whilst having an Island-wide scope are highly relevant to the protection of environments within the Plan Area. An example is the UNESCO Biosphere status afforded to the Isle of Man. Island-level strategies identify crossborder issues and take account of the cumulative impacts of human engagement with nature. Area Plan Objectives i. To protect, conserve and enhance the natural and cultural environment of the plan area and promote biodiversity. ii. To improve the function, usability and provision of our green infrastructure and public spaces by providing a network of green spaces and features which are connected and where possible, accessible to the public. iii. To manage and improve flood risk and improve drainage conditions. iv. To support the working countryside and its custodians in maintaini ng a sustainable rural economy. Area Plan Desired Outcomes i. Where approved, d evelopment will be ecologically sustainable and designed to protect and where possible enhance biodiversity as well as mitigate and adapt to the effects of climate change. ii. The Green Infrastructure network will be established and fostered, connecting people with nature in a way that achieves the best shared outcomes for the urban and natural environment. iii. Statutory and non-statutory designations will continue to provide protection to the most important and most vulnerable cultural assets, habitats and environments in the plan area. iv. Beyond the towns and villages, the area as a whole will retain its landscape setting including its important visual interaction with the central uplands, central valley, coast and marine environment. Natural Environment Proposal 1 The Department supports the protection, creation and improvement of green infrastructure in the East, particularly in those locations which have the potential to be part of a Green Infrastructure Network. Applications for development must take into account any approved Government Green Infrastructure Strategies, but in any case, must identify how development proposals intend to contribute to the long term provision of a network of connected green spaces. UNESCO Biosphere In 2017, the Isle of Man became the first ever entire nation to achieve UNESCO Biosphere status. Project partners pledge to take steps to protect natural resources, develop the economy in a sustainable way and promote outstanding living landscapes. UNESCO Biosphere Reserves are established to connect people and the economy with nature, wildlife, culture, heritage and communities. Biosphere Reserves have three functions: Conservation: to contribute to the conservation of landscapes, ecosystems, species and genetic variation. Development: to foster economic and human development which is socio -culturally and ecologically sustainable. Logistic support: to support demonstration projects, environmental education and training, research and monitoring related to local, regional, national and global issues of conservation and sustainable development. The Isle of Man Biosphere is zoned into six areas . Examples of all of these can be found in the Eastern area: Terrestrial Core areas, Marine Core areas, Terrestrial Buffer zone, Marine Buffer zone, Terrestrial Transition areas and Marine Transition areas. There is some overlap with The Isle of Man's First Biodiversity Strategy 2015-20