9 July 2024 · Committee
Old Primary School, Kionslieu Hill, Foxdale, Isle Of Man, IM4 3hb
This application sought permission to demolish the Old Primary School on Kionslieu Hill in Foxdale and replace it with two new semi-detached dwellings. The existing building is a prominent two-storey structure at the junction of Kionslieu Hill and Mineral Terrace, currently used as a dwelling with a flat-roofed garage extension. The site sits within the settlement boundary for Foxdale in a mixed-use, predominantly residential area. The officer's report identified several planning considerations including the effect on the character of the streetscene, impacts on neighbouring residents, flood risk and drainage, ecological matters, and highway safety. The application was approved by committee on 9 July 2024, subject to six conditions. The officer had also recommended approval.
The Department of Environment, Food and Agriculture approved the application on 9 July 2024. The key planning issues considered included the impact on the character of the streetscene, effects on neighbouring residents' living conditions, flood risk and drainage, ecological impacts, and highway safety. The proposal was found acceptable across all these areas.
General Policy 2
Development which is in accordance with the land-use zoning
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
ENV4
Environment Policy 4: Development will not be permitted which would adversely affect: (a) species and habitats of international importance: (i) protected species of international importance or their habitats; or (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites. (b) species and habitats of national importance: (i) protected species of national importance or their habitats; (1) Wildlife Sites are defined in Appendix 1 (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or (iii) Marine Nature Reserves; or (iv) National Trust Land. (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats. Some areas to which this policy appli es are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in pl ace for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward.
ENV10
Flood risk
Environment Policy 10: Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4.
ENV22
Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution. 7.17.2 In addition to the above, changes in the activities associated with the current permitted use of land or a building, which in themselves do not constitute development and therefore do not require planning permission, can have an adverse impact on adjacent properties by virtue of noise, light or general disturbance. For example the addition of security lig hting on a property may cause light pollution affecting adjacent properties and the wider area. The introduction of new activities into established parks and recreation areas can have an impact on neighbours. In such cases the Department would advocate t he person or organisation considering the change to give careful consideration to the potential impact of such activity in terms of location, siting and design.
ENV26
Environment Policy 26: Development will not be permitted on or close to contaminated land unless it can be demonstr ated that there is no unacceptable risk to health, property or adjacent watercourses 7.21 Environmental Enhancement 7.21.1 In addition to the need for protection there is also a need to carry out enhancements to the natural environment if a sustainable vision for the Isle of Man is to be achieved. Opportunities for environmental enhancement, such as tree planting, the removal of eyesores and the management of habitats will need to be identified in Area Plans with the full involvement and support of loc al communities. Such opportunities may include former mining areas which have been or are in the process of being reclaimed. Appropriate reclamation should protect or enhance features of industrial or archaeological significance.
T4
Parishes which are examined in more detail later in the document. A key factor in the formulation of the Spatial Vision has been consideration of the findin gs of the Landscape Character Assessment4; an Island-wide Study undertaken in 2008.
T7
Condition 1
- 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Condition 2
- 2. The development, hereby approved, shall be carried out using all external facing and materials as shown on the submitted plans, only. No new types of materials shall be added to the external elevations of the development, unless agreed beforehand in writing by DEFA Planning. Reason: In the interests of the character and appearance of the site and surrounding area.
Condition 3
- 3. The vehicle parking spaces and secure cycle storage area shown provided for the development, hereby permitted, both within and outside the garage on Drawing No. 23 1754 03 Ground Floor Plan Proposed, shall be provided prior to the first occupation of the dwellings and shall thereafter be retained and made available for vehicle parking and secure cycle storage at all times. Reason: To ensure that sufficient on-site parking is provided to serve the development in order to avoid unnecessary on-street parking as per the requirements of the Manual for Manx Roads and Transport Policy 7 in the Adopted Isle of Man Strategic Plan (2016).
Condition 4
- 4. Prior to the first occupation of the development, hereby permitted, the flood risk mitigation measures outlined in the Flood Risk Statement by Penketh Millar at the Old School House, Kioslieu Hill, Foxdale - stamped received on 6/6/24, shall be fully implemented, and shall thereafter be maintained for the lifetime of the development. Reason: To mitigate against the risk of flooding given the sites location adjoining a recognised area at high risk of flooding from Surface Water.
Condition 5
- 5. Prior to the first occupation of the development, hereby permitted, the details outlined in the Bat Survey and Evaluation Report was submitted by the applicants dated 18/2/24, shall be carried out in full in relation to the provision any external lighting which shall be bat friendly; and, in respect of the provision of Bat boxes. Once implemented, these measures shall thereafter be maintained for the lifetime of the development. Reason: To mitigate against any impact on Bats which area protected species; and, to enhance the biodiversity offering of the development.
Condition 6
- 6. Prior to the first occupation of the development, hereby approved, a Landscaping Scheme shall be submitted to and approved in writing by DEFA Planning. The Landscaping Scheme shall include details of all planting and sowing, including size, species and numbers of trees and plants, ground preparation, management and maintenance, as well as methods to eradicate any invasive species that may be present (Japanese Knotweed). All planting, seeding, and earth works comprised in the approved details of landscaping shall be carried out in the first planting and season (November - March) following the substantial completion of the development whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. Reason: To ensure that the development provides an attractive environment and provides an enhanced habitat for the promotion of biodiversity and the eradication of any Japanese Knotweed or other invasive plant species that may be found, in accordance with policies GEN2 b) and f) and Policy ENV4 in the Isle of Man Strategic Plan 2016.
Approval in principle for change to residential usage, Foxdale Old Schoolhouse, Foxdale, Patrick
Conversion into residential dwelling, The Old School House, Foxdale, Patrick
Erection of a triple garage and store room extension with terrace and balustrade over, to south west elevation of former