10 April 2024 · Committee
Waterfall Hotel, Shore Road, Glen Maye, Isle Of Man, IM5 3bg
This application sought permission to demolish the Waterfall Hotel on Shore Road, Glen Maye, and replace it with four terraced dwellings with associated parking and amenity space. The hotel building, a pair of traditional semi-detached Manx cottages formerly used as a public house with first-floor accommodation, was closed at the time of the application. The site also includes a car park opposite, used by visitors to the nearby glen and beach. The committee permitted the application on 10 April 2024. The officer's report identified a range of planning issues including the principle of development, the loss of the public house, housing provision, design and visual impact, effects on neighbouring amenity (including the residential properties at Glen Close to the north), highway safety and parking, drainage, and biodiversity. The proposal was assessed against these issues and found acceptable, resulting in permission being granted.
The application was permitted by committee on 10 April 2024. The officer also recommended approval. Key planning issues considered included the principle of development, the loss of the public house, housing provision, design and visual impact, and effects on neighbouring amenity and highway safety.
Development should make the best use of resources (a-c)
Strategic Plan 2016
Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under -used land and buildings, and re - using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space (1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services. 4.2.2 In pursuance of (c) abo ve, the Department will, when formulating its programme for the preparation of new Area Plans, have particular regard to: (a) the availability of mains drainage connected to IRIS or other mains systems; (b) securing the future viability of rural primary schools; (c) the public investment in the Island's highway, bus, railway and tramway networks; (d) the provision and availability of water; and (e) community facilities. 4.3 Environment 4.3.1
Priority for new development to identified towns and villages
Strategic Plan 2016
Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3. (1) Open Space is defined in Appendix 1. (2) Sustainable Urban Extensions are defined in Appendix 1 4.3.2 Appendix 3 to the Plan identifies the towns and villages, and also explains why the Department has rejected the idea of a new settlement, which was mooted in the Consultation Draft published in May 2000. 4.3.3 Each of our towns and villages has an ind ividual character arising not only from its geographical position and existing fabric, but also from its historical, cultural, and social background. This character should be protected and enhanced. Accordingly:
Glen Maye is identified as a village for needs of employment and housing
Strategic Plan 2016
Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings (1), Conservation Areas (2), buildings and structures within National Heritage Areas and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance. 4.3.8 The design of new development can make a positive contribution to the character and appearance of the Island. Recent development has often been criticised for its similarity to developments across the Island and elsewhere - "anywhere" architecture. At the same time some criticise current practice to retain traditional or vernacular designs. As is often the case the truth lies somewhere between the two extremes. All too often proposals for new developments have not taken into account a proper analysis of their context in terms of siting, layout, scale, materials and other factors. At the same time a slavish following of past design idioms, evolved for earlier lifestyles can produce buildings which do not reflect twenty first century lifestyles including accessibility and energy conservation. While there is often a consensus about what constitutes good and poor design, it is notoriously difficult to define or prescribe. 4.3.9 The Department recognises the need to raise the quality of the Island's architecture and built environment and is pursuing this through the development control process and the commissioning of its own schemes and environmental improvements. At the same ti me it appreciates that the debate about good design needs to be broadened to include those who design, construct and finance new development and the wider community as we are all affected by the end product. To this end it welcomes the Isle of Man Arts Co uncil's National Arts Development Strategy 2005 - 2014 which has as one of its objectives, to raise the quality of the Island's architecture and built environment by encouraging debate on architectural standards, town and country planning, urban regenerati on and public art. This Strategy recognises that debate will have to take place over time. 4.3.10 In the meantime, the Department considers that, while there are a number of policies in the Strategic Plan which cover various elements of the design of new development e.g. General Policy 2 (a) -(i), ( m) and (n), and various Housing policies, there is a need for a further statement on the need to secure quality in the design of new development. In the preparation of Area Plans the Department will include development briefs that set out design principles for significant sites including new residential areas. Subsequent planning applications will be required to be accompanied by a Design Statement setting out the way in which the proposal has been designed to take into account its context and how the design principles have been developed. 4.3.11 At the same time as wishing to promote good design in new development the Department recognises that there are an increasing number of alternative styles of housing which draw their design principles from the wish to promote sustainability and energy efficiency. Many of these can be incorporated into both modern and traditional designs but in some cases they produce a completely different structure or form of buildings, for exa mple underground (1)Registered Building is defined in Appendix 1 (2) Conservation Area is defined in Appendix 1 housing. While wishing to conserve the historic landscape of the Island the Department welcomes new styles of housing as long as they take into account the landscape context and the impact on the amenities of the area in which they are si ted. Merely arguing that a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development.
Design and visual impact
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.
Sustainable transport
Strategic Plan 2016
Strategic Policy 10: New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement (1) Business Park is defined in Appendix 1 4.6 Social 4.6.1 The provision of an adequate supply of housing to meet the needs of the wider community is essential; this is in addition to the need to replace existing substandard or poor quality dwellings. Therefore;
Housing Needs
Strategic Plan 2016
Strategic Policy 11: The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 5,100 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2011 to 2026.
General Development Considerations
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
Designed to respect the character and identity of the locality
Strategic Plan 2016
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.''
general need for additional housing from 2001 -2026
Strategic Plan 2016
Housing Policy 1: The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 5,100 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2011 to 2026. 8.4.10 Analysis of the residential land availability statistics as well as preliminary examination of the potential of existing settlements, show that there is sufficient land to satisfy the demand for housing in lin e with the existing Island Spatial Strategy up until 2026. It is acknowledged that some land in and around the Main Centre (Douglas) is limited and that land designated on some extant development plans has been slow at coming forward for development. There appear to be a number of reasons for this ranging from the unwillingness of land owners to release land for development, the quality and location of that land , through to economic pressures; all of which may partly explain the decline in planning applica tions being submitted for new dwellings over the last decade or more. It will be necessary to address any land shortages as well as the suitability and deliverability of residential land as part of the preparation of the Area Plans.
supply of designated housing land available
Strategic Plan 2016
Housing Policy 2: The Department will seek to ensure an adequate supply of housing land, based on the level of provision indicated in Housing Policies 1 and 3. The Department will keep under review land that is allocated for residential development in existing Local Plans and in the Area Plans to ensure that the land is available for development, to enable the number of dwellings to be built that are set out in Housing Policy 1. Where it appears to the Department that land that is allocated for development in a Local Plan or an Area Plan is not available for development, then it will consider, through a review of the Area Plan, making alternative land available and retaining the unavailable land in a land -bank for possible future development. In doing so, the Department wi ll have regard to any phasing proposals for the development of land that are identified in the Area Plan. 8.5 Distribution of Housing 8.5.1 Having regard to the Strategic Objectives in Chapter 3 and the Island Spatial Strategy in Chapter 5, the Depart ment proposes that, whilst development opportunities should be distributed within the Island in accordance with the distribution described at paragraph 5.22, there should be a general policy of containment of built development rather than dispersal and where development should be contained within specific areas within the Island rather than scattered randomly within it. In particular, (a) containment produces greater efficiency and sustainability in terms of the provision of essential infrastructure (power, drainage, roads, schools, water and other utilities); (b) containment minimises the visual intrusion of development in undeveloped areas, thus protecting the significant and unique beauty of the unspoiled areas of the Island and maintaining the majority of the Island for the benefit of agricultural production and nature conservation; (c) the promotion of development in individual villages and towns promotes the interaction of those who live and work there thus promoting the social qualities of life and the provision of social facilities (shops, public houses, cinemas, sport ing facilities etc) in an economical and efficient form; and (d) containment supports the principle of an efficient and effective public transport system whereby access to the system is easily afforded to the majority of the population thus reducing reliance on the private motor vehicle, supporting the reduction of the use of finite fuel resources and reducing the potential for pollution and congestion. 8.5.2 The Consultation Draft of 2000 introduced the concept of a new settlement as a means of accommodating increasing demands for new development, but this idea has been rejected by the Department for the reasons set out in Appendix 3. 8.5.3 The final stage in calculating the overall housing requirement figure is to examine the spatial distribution of househ olds across the North, South, East and West. The approach for this distribution is underpinned by the Island Spatial Strategy set out in Chapter 5 of this Plan. The Department has analysed development trends across the four Areas and made an assessment of the settlements within each of them. Having an understandable method for the distribution of housing across the Island is essential as the Area Plans produced will be the mechanism by which the Department will identify opportunities to deliver housing a nd other associated facilities, services and infrastructure requirements. The Department, having considered the development trends since 2001 , as well as settlement pattern and characteristics, concludes that the spatial distribution of housing for the four Areas should be as set out below. These numbers were rounded, allowing sensible working figures for each Area. Therefore the overall housing requirement figure for the Island is 5100. Spatial distribution based on past development levels (planning approval data) 2001 to 2013 Spatial distribution based on development levels (rounded) North 762 770 South 1118 1120 East 2438 2440 West 762 770 Total 5080 5100 8.5.4 In line with the provisions of the Island Spatial Strategy it is intended that new housing provision should be distributed in the following general way. Area Plans will review existing housing allocations against sustainability criteria and other Policies in the Isle of Man Strategic Plan. Current hous ehold data and approval statistics for new dwellings are set out in Appendix 8.
Defined housing provision per area
Strategic Plan 2016
Housing Policy 3: The Island's housing need of 5100 additional dwellings between 2011 and 2026 is to be met by a spatial distribution of housing across the North, South, East and West as follows: North 770 South 1,120 East 2,440 West 770 All-Island 5,100 8.5.5 The Department proposes the following general policy in respect of the location of new housing:
Location of new housing and exceptions
Strategic Plan 2016
Housing Policy 4: New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions (1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14. 8.5.6 The anticipated increase in the total number of dwellings on the Island over the Plan period is approximately 14%. By administering the programme of Area Plan preparation, the Department will ensure that there is sufficient land zoned for residential development to meet the overall housing requirement figure required by Housing Policy 1. The Department has resolved to prepare under the provisions of the Town and Country Planning Act 1999 four Area Plans which will concentrate upon larger areas of the Island. These will focus on the North, West, East and South of the Island and correspond with those areas discussed at paragraph 5.9 of the Spatial Strategy Chapter. 8.6 Affordable Housing 8.6.1 The Department is concerned about the increasing difficulties of securing the provision of affordable housing across the Island. The Department can, and does as a Housing Authority, intervene financially to provide financial support to local Authorities; financial support to prospective owner occupiers (through the House Purchase Assistance Scheme 2002) and by direct provision of new houses to rent. The provision of affordable housin g is a material consideration in the preparation of the development plan. In the current situation the Department considers that, to secure an adequate provision of affordable housing, it is appropriate to require that any area of land identified for hous ing purposes should include a contribution towards the provision of affordable housing. 8.6.2 There are currently around 1,584 (as at 31 st March 2007) households on the General Housing Waiting List. In addition, there are some 690 (as at 31 st March 2007) households registered with the Department under the House Purchase Assistance Scheme (HPAS). This indicates a total current need of some 2,274 households for affordable housing. (1) Sustainable Urban Extensions are defined in Appendix 1 8.6.3 In the current circumstances the Department considers that approximately 25 % of new housing provision should take the form of affordable housing. In assessing the appropriate percentage in each instance, the Department will have regard to the fact that the figure is a target over the Plan Period as a whole; to evidence of local housing need; to the nature of the land and viability of the scheme; and to the nature of existing adjacent housing. The 25% provision will be monitored and reviewed as part of any review of the Strategic Plan.
Development in accordance with Area Plan or Dev. Briefs
Strategic Plan 2016
Housing Policy 6: Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive. 8.8 Groups of Houses in the Countryside 8.8.1 There are in the countryside man y small groups of dwellings which, whilst not having the character of, or the full range of services usually provided in a village, nevertheless have a sense of place and community. These groups are found variously at crossroads, in places sheltered by trees or topography or around chapels, abandoned mills or smithys. 8.8.2 Adding further dwellings to these groups may not accord with our strategic objectives relating to settlements and sustainability but may assist in meeting the need of rural areas; may maintain social and family associations and assist in sustaining the rural economy; and may reduce the pressure for purely sporadic and isolated development which the Department would not support. Such additions would also need to be sensitively related to the existing settlement pattern and the landscape. 8.8.3 In the most recent local and Area Plans, the Department has in fact identified a number of these opportunities and in future Area Plans all groups of houses in the countryside will be assessed for d evelopment potential by identifying the village envelope or curtilage and providing the opportunity for appropriate development within this area. There may be some settlements where no additional dwellings will be permitted. In considering the definition o f this curtilage or envelope, particular regard will be had to the value of existing spaces in terms of their contribution to the general character of the settlement or to public amenity more generally. It is important, however that such development is controlled by the development plan process rather than as ad hoc decisions taken in isolation. 8.9 New Agricultural Dwellings 8.9.1 As is indicated in Chapter 7 (at Section 7.14), permission will not be granted for new agricultural dwellings in the countryside unless there is real agricultural need demonstrated sufficient to off-set the general planning objections to new dwellings in the countryside. 8.9.2 Agricultural need should be established having regard to: (a) what living accommodation has been built on, or in association with the farm holding in the past, and how it is now occupied; and (b) who will occupy the proposed dwelling, and what role they will play in the operation of the farm; in some circumstances, there will be a legitimate need for a dwelling for a retiring farmer who proposes to vacate the farmhouse but to continue to assist on the farm.
Loss of community shops and local public houses
Strategic Plan 2016
Community Policy 4: Development (including the change of use of existing premises) which involves the loss of local shops and local public houses, will only be permitted if it can be demonstrated that the use is no longer commercially viable, or cannot be made commercially viable. 10.9 Hospitals 10.9.1 The new hospital located in Braddan is now operational, and any further land-use requirements arising therefrom are dealt with in the re levant Area Plan. Likewise, any land - use requirements arising from regional facilities will be addressed by the appropriate Area Plans. 10.10 School Sites 10.10.1 Schools play an important role as a focus for community activity, providing not only schooling for children but also adult education, sports facilities, and cultural and social opportunities. This is especially true in our smaller villages. The continued viability and accessibility of village schools will therefore be one of the more important criteria to which the Department has regard when preparing new Area Plans. In the preparation of Area Plans, the Department will consult with the Education Departm ent on such criteria . Also, an increasing population, and changes in the profile and distribution of the population, are leading to demand for new and extended schools. Accordingly, the following policy is appropriate:
Proximity to existing public transportation services
Strategic Plan 2016
Transport Policy 1: New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes.
Highway Safety
Strategic Plan 2016
Transport Policy 4: The new and existing highways which serve any n ew development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan. 11.3.2 Notwithstanding policies within this plan which encourage travel by means other than private car it is anticipated that the number of vehicles using the Island's roads will continue to increase. This increase in demand is likely to lead to a greater need for road impro vements in order that travel can take place in a safe, effective, and environmentally acceptable manner. The Department of Transport will continue to assess the need for such improvements to public highways and undertake works where appropriate, with much of the improvement within existing roads carried out under the provisions of the Town and Country Planning (Permitted Development) Order2005. The need for improvements to the Island's highway network must be balanced against the environmental objectives of this plan.
Parking Provisions
Strategic Plan 2016
Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7. 11.5.4 New development can have a significant impact in terms of the traffic generated by it and the impact on the various modes of travel. The Department considers that proposals which are likely to be significant traffic generators should be accompanied by a Transport Assessment(1) which should look at all modes of transport including access by public transport, cycling and on foot.
Demolition of existing hotel and erection of four terraced dwellings with associated parking and amenity space.
Proposed demolition of existing public house and erection of six dwellings and one commercial building to the site with associated parking and amenity space.
Liverpool Arms Main Road Baldrine - Change of use from Public House (class 1.3) to residential property (class 3.3)