21 September 2015 · Committee
Field 234268, Douglas Road, Kirk Michael, Isle Of Man, IM6 1at
This application sought approval in principle for residential development of two dwellings on land adjacent to Cass A Lergy, Douglas Road, Kirk Michael, covering siting and means of access. The site is a dog-leg-shaped grassed parcel northeast of Douglas Road, lined by trees toward the highway and hedging elsewhere. It sits within an area that is not zoned for development under the Kirk Michael Local Plan 1994. The Department of Environment, Food and Agriculture refused the application on 21 September 2015. The officer also recommended refusal. The decision found no material grounds strong enough to override the established presumption against new development on land not allocated for such use, concluding the proposal was contrary to relevant local and strategic planning policies.
The application was refused because the site lies within an area not zoned for development under the Kirk Michael Local Plan 1994. The Department of Environment, Food and Agriculture found no sufficient material grounds to override the presumption against new development on unzoned land, making the proposal contrary to local and strategic planning policy.
Refusal Reasons
Kirk Michael Local Plan Policy 5.9
No further areas should be allocated for residential development
licy 6). Douglas will remain the main employment and services centre for the Island (Spatial Policy 1) and th at its continued r egeneration will create further employment opportunities (Paragraph 5.9). There should be continued concentration of industrial development in existing industrial areas, which are close to major transport ation links such as in Douglas and Braddan (paragraph 9.2.2). The Strategic Plan s tates, as for housing, that outside Douglas, that choice of location for employment will be concentrated in Service Centres (Onchan - Spatial Policy 2), the Service Villages of Union Mills and Laxey where appropriate (Spatial Policy 3) and there should be limited employment opportunities in Villages of Baldrine, Crosby, Glen Vine , Newtown and Strang (Spatial Policy 4). Area Plan objectives for the provision of Employment Land i. To maintain and improve the viability, vitality and dive rsity of the economy by providing sufficient opportunities for investment in the manufacturing, research and development, storage and distribution and office sectors. ii. To direct development towards existing settlements in order to make best use of infrastructure, maximise opportunities for public transport, promote the reuse of brownfield land and to reduce the impact on the countryside. iii. To ensure that development is well designed and avoids any unacceptable environmental impacts. iv. To safeguard and provide for the needs of existing and new location -dependent businesses, including resisting non -industrial land uses - which will prejudice the availability of land for future industrial requirements - in identified industrial areas. v. To maintain and enhance the viability and vitality of town centres by restricting retail development in out-of-town locations. Area Plan desired outcomes i. To allocate sufficient land to ensure a continuous supply of sites for employment development up to and beyond 2026 allowing for a phased release of sites. ii. To make provision for additional investment opportunities by identifying land for a Technology Park. iii. To make provision for general industrial land in the East. iv. To identify areas for further work - where wider issues which cannot be addressed by planning alone should be addressed - to help facilitate sit es being brought forward/occupied. Site availability in established industrial areas in the East (prior to additional sites being identified in the Area Plan) There are a number of existing (established) industrial estates and business parks which include smaller vacant plots and areas. These were originally identified and recorded in the Site Identification Report (during the Preliminary Publicity Stage) as 'Site Assessment Framework (SAF) Category 1 Sites'. This label meant that given their size, nature and surrounding land use there was no real policy decision that needed to be made as part of the plan process and it was appropriate simply to colour wash these areas on the maps to reflect the wider land use. A purple 'hatch' or colour wash represents industrial land. Sites identified as SAF Category 1 and under 0.35 hectares are not specifically shown on the Proposals Map and Inset Maps. The ELR suggested that the demand appear ed to be for smaller employment sites (under 0.25 ha) with some limited demand for larger sites (up to 0.75 ha ). It was noted that the development of smaller sites can prove difficult as the shape and size of such sites can reduce flexibility for users. Furthermore, although there was recognised demand for smaller units, development often t ook the form of a single larger unit which incorporated a number of smaller units. In terms of the early assumptions when it came to identifying land employment land needs, where there were sites under 0.35 hectares that could be developed, it was assumed that 100% of the site area would be used . However, as challenges were recognised in finding suitable users, 100% of the available capacity was discounted in meeting the demand. Some employment sites that were identified as 'SAF Category 2 Sites', which needed to be assessed in more detail, were also colour-washed as industrial. Nevertheless, the discounted capacity of these sites did count towards meeting the demand identified in the ELR in the original Draft Plan. Sites with potential capacity (colour-washed to reflect the background industrial land zoning) Area Site No.22 used in Draft Plan Size (ha) Contribution to land supply (ha) identified in Draft Plan Middle River & White Hoe DE006 0.29 0 DE008 0.16 0 Kirby Farm BE018 1 0.8 Isle of Man Business Park BE014 0.34 0 Union Mills Industrial Estate (Derelict Building) BE023 0.38 0.3 22 Site Numbers not shown on Maps Hills Meadow DE011 0.04 0 TOTAL 2.21 1.1 Two sites were identified as having potential for redevelopment in the longer term - Ellerslie Depot at Crosby (ME002g) and the Vehicle Test Centre at Ballafletcher (BE020g). As these si
General Policy 3
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.
Environment Policy 1
The countryside and its ecology will be protected for its own sake
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
Strategic Policy 2
New development will be located primarily within our existing towns and villages
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:
Strategic Policy 10
New development should be located and designed such as to promote a more integrated transport network
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;