3 November 2009 · Delegated
Field 522891, Oak Hill, Port Soderick, Isle Of Man, IM4 1at
This application sought approval in principle for the erection of a single dwelling on Field 522891, a parcel of approximately 2.37 hectares on the southern side of Old Castletown Road in the Port Soderick area of Braddan. The site effectively covers the full extent of the field. The application was refused on 3 November 2009. The principal reason was that the site is designated as open space (agricultural) land under the local plan, and the proposal was considered unwarranted development contrary to that designation and to strategic planning policy. The application also failed to demonstrate safe access to the site or an adequate means of dealing with surface water run-off and foul sewage. A further reason for refusal was that the site area is substantially in excess of what would normally be accepted as a residential curtilage, making the scale of development unacceptable regardless of the principle of building there.
The application was refused for four reasons. The site is designated as open space (agricultural) land and building a dwelling there would be unwarranted development contrary to that designation. The application also failed to show that the site could be accessed safely without compromising highway safety, or that surface water and foul sewage could be managed appropriately on site. Additionally, the site at approximately 2.37 hectares is substantially larger than what would normally be accepted as a residential curtilage.
Refusal Reasons
Policy 5.4
Planning Circular 6/91
on must be accompanied by suitable supporting environmental information. Site Number Site Name/Description Site Size See Maps Land Use Allocation DH008s Land adjacent to Ellenbrook, Douglas 5.41 ha 3, 4 Strategic Reserve - Predominantly Residential Inquiry Report comment (paragraph 466) "Development of this site would undoubtedly result in a loss of countryside, and have a visual impact which some local residents may find regrettable. However, in my view, it would have considerable advantages in terms of sustainability. I recommend that Site DH008 should be shown in the Area Plan as strategic reserve land for possible future residential development." Development Brief 1. The site shall be used for predominantly residential uses. 2. There are no other specific development brief requirements associated with this site as adequate guidance is set out by the Isle of Man Strategic Plan Policies and the Proposals set out in this Plan. Land north of Ballachrink, Onchan Site Number Site Name/Description Site Size See Maps Land Use Allocation OH011s Land at Ballachrink, Onchan 9.9 ha 3, 4 and 6 Strategic Reserve - Predominantly Residential Inquiry Report comment (paragraph 330) "I do not consider that this extension to the urban area of Onchan would be immediately necessary. However, in my view, Site OH011 could contribute to the provision of additional housing, if required in future, subject to there being an adequate supply of primary school places; subject to the introduction of measures to mitigate peak hour traffic congestion; and subject to the resolution of local drainage problems." Development Brief 1. The Site Assessment Framework Report identified potential for landscape and environment impact which would require mitigation. Given this Report and the scale of potential development on this site, an Environmental Impact Assessment will be required as part of any detailed application. 2. Given the sloping topography of the site, any proposals must demonstrate that this has been taken into account and any detailed applications must include section drawings across the site. 3. Landscaping plans must accompany any detailed planning application . These will form an important part of the approach to softening the visual impact of any development as seen from the Creg Ny Baa and Ballacottier Road. Plans must demonstrate clearly how siting and layout has taken into account the existing development to the south of the site so as not to have an unacceptable impact on residential amenity. Landscaping and sensitive siting will be particularly important along this boundary. 4. Access into and through the site to the must be fully explored ahead of any planning application. This includes pedestrian/cycling/bus links and advice should be taken from the Highways Division of DOI on these matters. Surface Water 5. The developer's proposals for disposal of surface water from any development on this site would be reviewed in detail to ensure it complies with Manx Utilities requirements. Surface water will be required to be attenuated onsite with discharge flows restricted to not more than greenfield runoff before discharging into a suitable watercourse. Land at Camlork (Field 521518) Site Number Site Name/Description Site Size See Maps Land Allocation BH031s (Field 521518 only) Camlork, Braddan 5.73 ha 3, 4 and 8 Strategic Reserve - Predominantly Residential Inquiry Report comment (paragraph 283 and 288) 283 "In my view, a smaller residential development on the westernmost of the four fields at Camlork, would be reasonably well contained between the built -up area of Union Mills to the south and the existing ribbon of development along Trollaby Lane to the west, and would have a limited visual impact." 288 "… I consider that the westernmost of the four fields at Camlork should be shown as a Strategic Reserve Site with a capacity for about 50 dwellings. This would allow for a 6. It is known that the existing properties on the adjacent Ballachrink residential development currently drain to soakaways. Manx Utilities does not consider that the use of soakaways on any new development (OH011) to be suitable and as such all flows must be attenuated and discharged to a watercourse as stated above. 7. The use of Sustainable Urban Drainage Systems (SuDS) is a work stream that is being considered by the Government's Environmental Climate Change group. The outcome of this study may require the use of SUDS to be applied on all development sites. Foul Sewage 8. Context - Unless specifically designed, it is uncommon for the existing foul and surface water sewers around the peripher y of drainage catchments to have been sized to receive flows from additional developments. Historically, developments have been connected to existing foul sewerage system without fully considering / understanding the impact on the downstream system network; this has occasionally resulted in surcharging of sections of the combined s
Policy 5.8
Planning Circular 6/91
Strategic Reserve for possible future residential development. Site GM001 - Land south-west of Baldrine Road, Baldrine 371 Site GM001 consists of undeveloped land, with a gross area of about 5.88ha. It lies outside the Existing Settlement Boundary of Baldrine as shown on the draft Area Plan. On its northeastern side, it is bounded by Baldrine Road and the village's main built-up area. The Manx Electric Railway and the A2 run close to the site's south-eastern boundary. There is a railway station, Baldrine Halt, immediately adjacent to this land. Otherwise the site is bounded by open land. 372 In the Laxey and Lonan Area Plan 2005, the northern part of this site is zoned for educational use. The southern part is shown as open land within an Area of High Landscape Value. 373 In the draft Area Plan, as published in May 2018, the whole of this site was designated for predominantly residential development. However, in the Schedule of Proposed Changes, published in July 2019, the Cabinet Office indicated that it would be relegated to the status of a Strategic Reserve Site. Objections 374 Ellis Brown originally proposed that this land should be allocated as a mixed use site, to include shops, a public house, community facilities and amenity space located close to Baldrine Halt, with residential development on the north-western part of the site, and an area for a new primary school to the south. The Department of Education Sport and Culture, sought the retention of the educational zoning as shown in the existing Local Plan for the possible future development of a new primary school. 375 Ellis Brown now sought the reinstatement of the allocation of Site GM001 for immediate development for mixed use. The reason this land had been demoted to the status of a Strategic Reserve Site was that it fell outside the area covered by the Government's Active Travel Investment Plan, being more than 2.5 miles away from the Sea Terminal in Douglas. However, it was within 2.5 miles of employment areas in Onchan, and would certainly come within an Active Travel Zone centred on one of these. The Active Travel Plan suggested that people could comfortably cycle such a distance to work. In addition, there were good public transport services between Baldrine and Onchan. 376 The retail and community facilities now proposed would make Baldrine more sustainable, by reducing the need for local people to travel elsewhere for their everyday needs. Paragraph A.3.3 of the Strategic Plan suggested that most villages would benefit from additional housing to support local schools, shops and other services. Without further residential development in Baldrine, retail development in this village would not be commercially viable. Accordingly, Site GM001 should be reinstated as a specific allocation for immediate residential development. A failure to provide any sites for immediate residential development in Baldrine would be contrary to the objective of providing a choice of housing in terms of size, type and location. Inspector's Conclusions 377 Strategic Policy 2 of the Strategic Plan states that new development is to be located primarily within existing town or villages, or, where appropriate, in sustainable urban extensions to those settlements; development will be permitted in the countryside only in specified exceptional circumstances, none of which apply in the present case. I consider that the development of Site GM001 would detract from the rural character of this area, contrary to Strategic Plan policy. 378 Paragraph 5.8 of the Strategic Plan identifies Baldrine as one of a number of smaller settlements with few facilities, which rely on other centres for various services. Provision has already been made for an extension to its built-up area as a result of planning approval having been granted for new housing on Site GH026 (adjacent to Highfield Close); and land contiguous with that site is now proposed as a strategic reserve with potential for future residential development. In my view, the further extension of this small village within the Plan period would be disproportionate. Spatial Policy 4 of the Strategic Plan indicates that development in Baldrine should maintain that settlement's existing character. It should be of an appropriate scale to meet local needs for housing, and limited employment opportunities. The Strategic Plan does not envisage that Baldrine should perform the role of a 'service village'. 379 I have seen no evidence that there is a local housing need in Baldrine, sufficient to justify the allocation of further sites for immediate residential development; or to justify the extension of the present built-up area into the surrounding countryside. Furthermore, the scale of residential development that would be required to make the provision of shops, a public house and other community facilities viable is not clear to me. 380 Nevertheless, in view of the capacity problem in primary schools in parts of the East, I consider that it would be prudent to retain the allocation of part o
Policy 13.4
Planning Circular 6/91
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
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
Housing Policy 4
Isle of Man Strategic Plan 2007
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.