18 March 2021 · Committee
Ballaglea Cottage, Ballamodha Straight, Ballamodha, Ballasalla, Isle Of Man, IM9 3az
Permission was granted for the construction of a detached home office cabin at Ballaglea Cottage, Ballamodha, on the Isle of Man. The application was decided by committee and permitted on 18 March 2021. The site is the residential curtilage of an existing dwelling located at Solomon's Corner, at the junction of the A3 and Corlea Road. The curtilage is relatively large but appears contiguous with the house, with the surrounding land managed in a domestic manner. The main planning considerations were whether the cabin would have an acceptable visual impact and whether the proposed use was appropriate in an area not specifically designated for development. The officer recommended approval and the committee agreed.
The application was permitted by committee on 18 March 2021. The officer recommended approval, and the key planning questions were whether the cabin would have an acceptable visual impact and whether the proposed use was suitable in an area not designated for development. The site forms part of the residential curtilage of the existing dwelling and has a clearly domestic character, which supported the case for approval.
Strategic Plan
complying with Environment Policy 1 of the Strategic Plan
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 Plan
presumption against development as set out in Environment Policy 1 and General Policy 3 of the Strategic Plan
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.
Southern Uplands
Landscape Character Assessment Areas - the Southern Uplands (A2)
. The Strategic Links18 between the communities on the Island (the Centres referred to in the Spatial Strategy) are below. Strategic Link Roads in the East Highway Route A1 Douglas to Peel A2 Douglas to Laxey A2 Laxey to Ramsey A5 Douglas to Ballasalla A18 Douglas to Ramsey 17 Chapter 11, Isle of Man Strategic Plan 2016 18 Chapter 11, Isle of Man Strategic Plan 2016 Douglas, as the Main Centre, sits at the top of the hierarchy of service provision and is home to most of the Island's principal businesses and shops. More 'strategic links' converge on Douglas than anywhere else on the Island. The public transport network consists of buses and seasonal rail services. Lord Street currently serves as the main bus transfer hub although during the lifetime of the plan the creation of a bus station may need to be addressed. There is a short section of cycle route on Peel Road which is a strategic route i n from the South and West. Further opportunities are still under investigation and are likely to develop further alongside other measures as part of the delivery of the Active Travel Action Plan 19. The intention is to provide better and safer cycling and walking routes into and out of Douglas, better links between vehicular routes and off road routes with an overall policy goal of increasing the number of people travelling actively. The Area Plan fully supports the integration of the Active Travel Strategy into the sustainable development framework for the East. Particular Issues in the East Traffic Congestion and Road Junctions The Isle of Man Strategic Plan 2016 concluded that following junctions experience regular traffic congestion: • Quarterbridge Junction • Mountain Road/Governor's Road Junction • Glencrutchery Road/Victoria Road Junction The implications of adding the new housing units needed in the East to the road network during the plan period are set out in the Strategic Plan (see below): i. the Strategic Links are, and should, continue to operate within their 3,060 vehicles per hour capacity for the duration of the Isle of Man Strategic Plan (up to 2026); ii. the Quarterbridge and Governors Hill junctions will continue to operate at greater than 85% capacity and the increased traffic flows predicted in all the assessments will increase congestion at these locations; and iii. traffic flows at the Parliament Square junction in Ramsey, Ballacraine junction, and Main Road junction at Onchan are all set to incr ease by 2026 which will increase congestion at these locations. Outside of the East Plan area, sensitivity tests were undertaken in the Strategic Plan based on the planned level of development from 2011 to 2026. These concluded that: i. on the Ballacraine to Ramsey Strategic Link, there was no requirement to undertake further traffic congestion investigation work in rural village locations such as Kirk Michael; and ii. on the Castletown to Ballasalla and Ballasalla to Douglas links there would be the requirement for traffic congestion investigation work in Ballasalla in 2026. 19 GD 0043/18 Active Travel Strategy 2018 - 2021 From the outset of the preparation of this Plan, it has been acknowledged that the Onchan Main Road traffic signals would require further assessment. This would ensure that the junctions woul d not be subject to a high level of congestion as a resu lt of additional development. This was just one reason for carrying out detailed scenario testing work looking at different ways of spreading development across the settlements in the East. Network Capacity Issues - Roads and Utilities During the early stages of the Plan, work was undertaken to help understand both the infrastructure and environmental implications of different growth distribution patterns within the East. The servicing of Baldrine and Laxey for sewer and mains water supply were identified as matters of concern and limitation in capacity. This arises both from advice from the servicing Authority, Manx Utilities, and consideration of the public consultation respo nses. Levels of development in those two locations in terms of how they may or may not be able to be serviced and the timeframes involved were visited and re-visited throughout the plan stages and the Public Inquiry. In terms of i dentifying and addressing network capacity, new development requires water and sewer services, electricity, telecommunications and legal access connection to the road network. These are reasonable expectations of modern society and ensure a basis of healthy and connected communities for all. All sites identified can in principle be adequately serviced. Some sites will have to address specific issues set out in Development Briefs. Judgements will always be made at the planning application stage as to what a reasonable se rvice or utility may be: for example, a large shed which is ancillary to a residence may not require any services at all, but a new office would require all ava
Ballamodha, Earystane and St Mark's
Incised Slopes (D14)
peaks of the Northern Uplands from areas of higher ground. Enclosed views up to the surrounding Southern Upland areas and Stoney Mountain Plantation. Ballamodha, Earystane and St Marks (D14) The overall strategy is to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern delineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities. Key Views Distant views prevented at times by dense woodland in river valleys and by the cumulative screening effect of hedgerow trees, which tend to create wooded horizons. Open and panoramic views out to sea from the higher areas on the upper western parts of the area where there are few trees to interrupt views. Port Erin and Port St Mary (D15) The overall strategy for the area is to maintain and enhance the character, quality and distinctiveness of the local built vernacular and integrity of th e nucleated settlements of Port Erin, Port St. Mary and Ballagawne 5, the scattered traditional farm dwellings and to maintain the field pattern and semi -upland character of the upper slopes. Key Views Extensive panoramic views from higher ground on hill slopes along coast to the Calf of Man, inland over the Scarlett Peninsula and up the Southern Uplands and Meayll Hill. Port Grenaugh (E1) The overall strategy is to conserve the character, quality and distinctiveness of this remote and tranquil coa stal area with its rich ecological habitats, open and expansive panoramic views and numerous sites of archaeological importance. Key Views Panoramic and open views out to sea from the Raad ny Foillan coastal footpath, south towards Langness and the Schoo l Tower in Castletown and north up the jagged coastline towards Santon Head. 5 The Landscape Character Assessment identified Ballagawne as a settlement. The identified settlement in the Strategic Plan is Ballafesson therefore the Green Gap proposed is between Port Erin and Ballafesson although the gap between Port Erin and Ballagawne is also seen as an important feature. Bay ny Carrickey (E9) The overall strategy is to conserve the character, quality and distinctiveness of the tranquil and coastal area with its rich ecological habitats, open and expansive panoramic views, sites of archaeological importance and to conserve the coastal setting of Port St. Mary. Key Views Extensive, panoramic views from Raad ny Foillan across the sweeping and ever-changing seascape to the south. Open views across the bay, with distant sense of enclosure provided by headlands to the east and west. Open views across adjacent Undulating Lowland Plain to the north. Castletown Bay (E10) The overall strategy is to conserve the character, quality and distinctiveness of the coastal area with its rich ecological habitats, open and expansive panoramic views, and to conserve the coastal setting of Castletown. Key Views Extensive, panoramic open views from Raad ny Foillan , views southwards across the ever-changing seascape. Grey stone wall of the harbour, marking the entrance to Castletown, is a landmark within views westwards. Views across the bay contained by protruding headlands to the east and west. Langness (E11) The overall strategy is to conserve the character, quality and distinctiveness of the coastal area with its rich ecological habitats, open and expansive panoramic views, and to conserve the tranquil and rugged character of the area with its numerous sites of archaeological importance , such a s the former mines and former smelt mines. Key Views Panoramic, open views across surrounding, ever -changing seascape, from several points along the peninsula, in particular from Dreswick Point (at the southernmost tip). Dramatic views northwards from S t. Michael's Island, along the north eastern shore. Open views across Castletown Bay to the west. Castletown and Ballasalla (F7) The overall strategy is to conserve the character, quality and distinctiveness of this open area that contributes to the setting of Castletown and Ballasalla, to enhance the river field pattern and to conserve the aquatic habitat corridor of the Silverburn. Key Views Open and panoramic views out to sea and over Langness' rocky shoreline beyond the Airport. Key views to the prominent landmarks of Castle Rushen and King William's College. Poyll Vaaish and Scarlett Peninsula (F8) The overall strategy is to conserve the strong sense of openness throughout the area, with strong field pattern as well as the setting of th e numerous archaeological sites and wartime structures within the area. Key Views Open and panoramic views out to sea, up to the Southern Upland peaks over open fields and towards the built -up areas of Castletown and Ballasalla are obtained from various slightly eleva