17 August 2009 · Delegated
Field 130578, St Judes Road, Sulby, Isle Of Man, IM7 2es
This application sought permission to erect a timber shed on land at St Judes Road, Sulby, in the parish of Lezayre on the Isle of Man. The application was refused on 17 August 2009 under delegated authority. The case officer, Mr Chris Balmer, recommended refusal ahead of the decision. The available evidence does not set out the detailed planning reasons for refusal, so only limited information can be provided about the specific concerns that led to this outcome.
The application was refused on 17 August 2009. The officer also recommended refusal. Limited evidence is available to explain the specific planning reasons behind the decision.
General Policy 3
Development will not be permitted outside of those areas which are zoned for development
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
Environment Policy 17
on in the East ................................................................................. 13 Landscape 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 o
