15 June 2009 · Committee
Field 524278, West Baldwin Road, Mount Rule, Douglas, Isle Of Man, IM4 5ep
This application sought permission to erect a telecommunications antenna and create a communications compound in a field approximately 200 metres east of West Baldwin Road (B22) near Mount Rule on the Isle of Man. The site was described as a very exposed location with little natural cover or screening. The Planning Committee refused the application on 15 June 2009, in line with the officer's recommendation. The committee found that the height, siting, and design of the proposed mast would create a conspicuous and incongruous feature out of keeping with the scale and character of the surrounding area, to the detriment of local visual amenity. In addition to the visual harm, the committee noted that the applicant had not fully demonstrated an essential need for a mast at this specific location, which formed a further basis for refusal.
The Planning Committee refused this application on 15 June 2009. The mast was considered too tall, poorly sited, and out of keeping with the surrounding area, causing harm to the visual amenities of the locality. The applicant also failed to demonstrate that there was an essential need for a mast at this specific location.
Refusal Reasons
General Policy 3
Isle of Man Strategic Plan 2007
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.
Environment Policy 1
Isle of Man Strategic Plan 2007
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
Environment Policy 2
Isle of Man Strategic Plan 2007
d/Governor 's Road junction. Any future applications will be considered on their merits taking into account the proposals set out in this plan and the Strategic Plan (see Maps 3 and 6). Natural Environment Proposal 2 (Green Gap) Between the settlements of Douglas and Onchan in the area straddling Blackberry Lane, development which would erode the separation and detract from the openness between the settlements will not normally be supported. Applications may be considered favourably if reason for an exception can be demonstrated in line with General Policy 3(g). Laxey and Baldrine - Encroaching ribbon development along the A2 C oast Road which connects Laxey and Baldrine has the potential to connect the two settlements. At present this area largely retains its sense of being in the open countryside with clear sea views. Additionally, services for networked water supply and other essential utilities would be difficult to provide for additional development in this area (see Maps 3, 7 and 9). Natural Environment Proposal 3 (Green Gap) Between the settlements of Laxey and Baldrine, development which would erode the separation and detract from the openness between the settlements will not be supported. Glen Vine and Crosby - These two settlements, although proximate in location, are separate and distinct in many ways. Consultation has clearly demonstrated this through the views expressed during the stages of plan development. In cases such as this, the breaks in the urban fabric and the features of nature which provide a sense of openness should be protected from development which would erode this (see Maps 3 and 10). Natural Environment Proposal 4 (Green Gap) Between the settlements of Glen Vine and Crosby, development which would erode the separation and detract from the openness between the settlements is unlikely to be supported. Douglas, Union Mills and Strang (see Maps 3, 4 and 8) Natural Environment Proposal 5 (Green Gap) Between the settlements of and Douglas, Union Mills and Strang, development which would erode the separation and detract from the openness between the settlements is unlikely to be supported. The Upland Environment The Manx Uplands are an iconic part of our landscape and heritage. Reference to the 'sweet mountain air' and 'green hills and rocks' are enshrined in our national anthem and the colours of the heather and gorse are woven into the very fabric of Manx tartan. The hills are a place of great beauty, yet for some they are also a place to work and for others a place to exercise or simply enjoy open space. Our Uplands are also home to plants and animals that whilst familiar to us, are rare and impor tant in a global and European context. Furthermore, the uplands are a rich repository of cultural and archaeological remains, which are sensitive to change and can easily be damaged by inappropriate development. Production of food is an important and obvi ous function of hill land. But surprisingly, the Manx hills provide everyday functions that most people take for granted. Peatlands, which cover most of our hills reduce the impacts of climate change by locking up carbon dioxide, collect and filter our drinking water and slow the passage of rainfall into streams and rivers, thus reducing downstream flood risk. These multiple uses are of great benefit to the economy of the Isle of Man and the well - being of its people. It is important that the hills continue to provide these benefits long into the future. Ensuring sustainable management of such a wide range of uses to the satisfaction of all interested parties whilst retaining functions essential to the well -being of the Isle of Man is of paramount importance. The Isle of Man Government is the owner and landlord for the majority of the Uplands in the East region and is therefore in a position to implement policy which will deliver the optimum range of ecosystem services. Appropriate and positive Upland management such as controlled rotational burning/cutting of heather and low intensity grazing helps to reduce the fuel load of the hill, provides firebreaks and reduces the risk of unplanned wildfires that further protects the biodiversity of the site, but also the vast amounts of carbon locked away in the peat soils. The majority of this work is carried out by The Department of Environment, Food & Agriculture's grazing and shooting tenants. The Manx Uplands are critically important from a habitat and biodiversity perspective. The hills in the East support a significant number of breeding hen harriers; however, other native Upland breeding birds such as curlew and red grouse have suffered severe declines in recent decades and as such are of high conservation concern. Strict control of access and recreational activity on vulnerable soils should be implemented to reduce soil erosion and subsequent carbon loss. Curlew and hen harriers are recognised as an internationally important species, while (within the EU) upland heather moorland is designated
Infrastructure Policy 3
Isle of Man Strategic Plan 2007
Policy 13.4
Braddan Local Plan 1991
77 Employment Proposal 3 Area Site ID Site Size (ha) Net Employment Development (ha) Contribution to land supply (ha) identified in Draft Plan BE002b(g) 14.93 10.45 7.31 BE006g 13.48 9.43 6.60 TOTAL 28.41 19.88 13.91 Need for a Technology Park The Employment Land Review made the following recommendation in relation to a Technology Park which at the time was not included in the employment land need figures: "Consultations with sector leads, commercial agents and workshop discussions identified wide support for a Technology Park or high quality Business Park allocation: to more effectively compete with jurisdictions where Technology Parks have been developed; to provide a recognised hig h-quality, managed business environment; and to encourage clustering and business synergies between businesses operating in the same field. It is recommended that the preparation of a Development Brief be co -ordinated by the Department of Infrastructure, involving the Department of Economic Development and key participants in the development of Vision 2020. This would form the basis for supporting submissions to the preparation of the Area Plan for the East. It should contain guidance on: proposed scale an d combination of principal and support uses; the range of units proposed (e.g. start -up, incubator, development and production units), the balance between them; and generic design principles (landscaping, access circulation, and parking etc.). Proposals will be required to consider management and marketing arrangements to maintain the Park's quality and profile. As ownership (in part or whole) is the most effective way of ensuring the integrity of the concept. As economic growth is the driver for the proposed hybrid, it may be appropriate for Government to have a controlling role, whether through land ownership or through other mechanisms."23 The development of Sangster's field as a Technology Park could provide a unique opportunity on the Island given its setting, central location and adjacent educational establishment. The wording of the Proposals in relation to other sites does not prevent them being developed for t echnology park-type uses, however it is proposed that Site DE004g should only be developed if it is for a Technology Park. 23 ELR (full ref) Employment Proposal 4: The development of S ite DE004g will only be supported for a Technology Park where it can be demonstrated that the proposal: • will be linked to the adjacent ICT facility; • considers the topography of the site; • identifies and protects existing vegetation; • respects the parkland setting through high quality design and generous landscaping; • provides safe access onto Old Castletown Road; • is informed by a coherent masterplanned approach; and • considers the archaeological implications of the development of the site. A Travel Plan must be submitted as part of any planning application which sets out a strategy for the delivery of sustainable transport objectives, and demonstrates how these are to be achieved and updated over time. Consideration should be given to the provision of cycle parking and changing facilities as part of any development proposal. Employment Proposal 4 Area Site ID Site Size (ha) Net Employment Development (ha) Contribution to land supply (ha) identified in Draft Plan Field 525151 & 525150 to the West of the Nunnery DE004g 5.31 4.25 (possibly less to meet the Development Brief requirements) TOTAL 4.25 0 Waste Additional facilities may be required for the collection, sorting, processing, recycling and disposal of waste. There is a dedicated waste site adjacent to the Energy from Waste facility which is an existing site for a specialist use outside the existing settlement boundary. The expansion of this area is proposed by the allocation of 6.9ha of additional land for specialist waste management purposes at Middle Farm, Braddan (Site BE010g). Employment Proposal 5: Part of Site BE010 g at Middle Farm, Braddan , measuring some 6.9ha, and lying immediately to the east of the existing waste management complex at Richmond Hill, is allocated for special industrial use, particularly the management processing, recycling and storage of waste. Development Brief 1. No planning approval will be granted for the development of any part of this site until a Masterplan for the whole of the 6.9ha site has been submitted to and approved by the planning authority. The Masterplan must show all proposed spatial elements, including areas intended for buildings; open work areas; structural landscaping areas; and circulation and parking arrangements. The Masterplan must show how these elements will be phased. 2. There must be no net qualitative loss of biodiversity as a result of the development of this site, 3. An Environmental Impact Assessment will be needed for any development proposed on this site. 4. A Travel Plan must be submitted as part of any planning application