25 November 2021 · Delegated
Ballagyr Farm, Ballagyr Lane, Peel, Isle Of Man, IM5 2ad
CCSE Leisure Ltd applied to vary a condition attached to an earlier planning permission at Sunset Lakes, Ballagyr Lane, Peel. The variation would have allowed additional uses of the existing building and its immediate area, including the erection of a marquee. The site is a leisure complex containing trout fishing lakes, a café, and four tourist lodges. The Department of Environment, Food and Agriculture refused the application on 25 November 2021. Three formal refusal reasons were recorded. The proposed marquee was judged to be an incongruous feature that would harm the character of the countryside.
The application was refused on 25 November 2021. Decision-makers found that erecting a marquee would introduce an incongruous feature harmful to the countryside setting, that the additional uses and marquee would damage the openness of the countryside and the amenity of nearby residents, and that the proposed uses were not in an area designated for development under the local plan.
Refusal Reasons
Environment Policy 1
The erection of a marquee on site would see the introduction of an incongruous feature that would be detrimental to the site and this part of the countryside, contrary to EP1,2 and GP2b,c.
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
The erection of a marquee on site would see the introduction of an incongruous feature that would be detrimental to the site and this part of the countryside, contrary to EP1,2 and GP2b,c.
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
Environment Policy 22
The additional use of the site and the erection of a marquee would be detrimental to the openness of the countryside and the neighbouring residential area contrary to EP22 and GP2g
Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution. 7.17.2 In addition to the above, changes in the activities associated with the current permitted use of land or a building, which in themselves do not constitute development and therefore do not require planning permission, can have an adverse impact on adjacent properties by virtue of noise, light or general disturbance. For example the addition of security lig hting on a property may cause light pollution affecting adjacent properties and the wider area. The introduction of new activities into established parks and recreation areas can have an impact on neighbours. In such cases the Department would advocate t he person or organisation considering the change to give careful consideration to the potential impact of such activity in terms of location, siting and design.
Priority for new development to identified towns and villages
The proposed use of the existing building and the erection of a marquee would be considered contrary to local plan and not within an area designated for development contrary to STP2, SP5 and BP1
Spatial Policy 5
The proposed use of the existing building and the erection of a marquee would be considered contrary to local plan and not within an area designated for development contrary to STP2, SP5 and BP1
Strategic Policy 5: New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies. 4.4 Economy 4.4.1 The Spatial Strategy identifies the Major Employment Areas around the Island. While the majority of business and employment is focused around the Douglas Metropolitan Area, there are other major employment areas at Castletown, the Airport/Freeport, Peel, Ramsey and Jurby. The Department considers the distribution of employment areas provides a spread of employment opportunities around the Island. While recognising the opportunities for small scale local employment within existing centres it is considered new employment should, in the main, be concentrated within existing settlements or those major employment areas referred to in the Island Spatial Strategy and illustrated on the Key Diagram. Existing Local and new Area Plans will provide detailed boundar ies for these areas. From time to time Government may judge it appropriate to offer financial incentives to encourage economic activity or investment in particular parts of the Island.
Business Policy 1
The proposed use of the existing building and the erection of a marquee would be considered contrary to local plan and not within an area designated for development contrary to STP2, SP5 and BP1
Business Policy 1: The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan. 9.1.3 This chapter concent rates on the land use implications of business activity, including industry, storage and distribution, office and commercial development, retailing and tourism. 9.1.4 In respect of employment land availability, the Department has undertaken and published an Employment Land Availability Study (1). A summary of this is included in Appendix 9. Across the Island there are some 118 hectares of land allocated for industrial development. Much of this is concentrated around Ballasalla and the Airport. There is, however, a spread of land available across the Island to support employment and regeneration opportunities in each area. Such land will be important to support the regeneration of the Service Centres and the Gateway and Employment role of the Airport area. 9.1.5 The Douglas area has seen by far the bulk of the industrial land take up in recent decades and much of the land allocated for such purposes has been taken up. This is why the Department has resolved to proceed with a Development Order for the development of some 20 hectares of employment land to the south of Cooil Road. A recent report on the take up of industrial land in the Douglas area indicates that it has been faster than anticipated and at current rates that all the land will be required by 2015. While the situation will be subject to detailed assessment in the preparation of the Plan for the East, the Department is satisfied that the release of additional land is both necessary and appropriate at this stage. 9.1.6 The Department has also reviewed planning permissions for office development. The majority of these are focused in the Douglas area. Take up has been low in recent years with the exception of certain relocations to corporate headquarters, such as Skandia. There are a number o f sites still available for new office development, in addition to the existing stock. Of note is the recent trend for sites with office consents to subsequently secure planning permission for residential use. The most notable example being the final pha se of the Villiers development, which now has a residential permission in addition to its partly - implemented office consent. 9.1.7 The following information has been extracted from the Review of Economic Strategy (Treasury 2003) which formed part of the background to the Economic Strategy 2004 approved by Tynwald in October that year. (1) Employment Land Availability Study DLGE 2007 9.1.8 The Isle of Man has enjoyed unprecedented economic success in the last ten years. Over this period annual gross domestic product, or GDP (the value of the economy' s output of all goods and services), has more than doubled in real terms (both absolute and per capita) such that from a deficit of around one quarter, per capita GDP in the Isle of Man now exceeds that of the UK by 7% and the average for the European Union (EU 15) by 10%. 9.1.9 The period 1993 - 2000 saw the economy not only expanding but doing so at an accelerating rate, before slowing in 2000/01. Since 2001 the economy has continued to grow at around 5% per annum (the latest national income accounts revealed growth of 5.9% in 2002/03), meaning that, after the recession in the early 1980's the Isle of Man economy has recorded economic growth in each of the last twenty years. 9.1.10 This economic performance has been led by the financial and related se rvices sectors. The finance industry grew by over 80% between 1996 and 2001 alone. But the table below illustrates that probably all areas of Manx economy are today generating more income in real terms than a decade ago, even it the relative importance o f some, most noticeably manufacturing, has declined. Table One - Sectoral Contributions to National Income 1992/93 v 2000/01 (at 2000/01 prices) Contributions to National Income (£) Real Increase in income generated (%) 1992/93 % 2000/01 % Manufacturing 72.0 11 76.7 6 6.5 Finance 229.7 35 505.4 41 120.0 Tourism 41.0 6 67.7 6 65.1 Agriculture/Fishing 11.7 2 15.8 1 35.0 Construction 46.7 7 89.6 7 91.9 Professional Services 96.7 15 186.1 15 92.4 Utilities, Distribution and Miscellaneous Services 133.1 20 223.8 18 68.1 Pubic Administration 34.6 5 53.6 4 54.9 Total 665.5 100 1,218.7 100 83.1 9.1.11 National income data aside, the clearest indication of the economic success enjoyed by the Island in recent times comes from the labour market. Census results show that the workforce increased from 33,189 in 1991 to 39,685 by 2001, an increase almost identical to that in the total resident population over the period. But the number seeking emp loyment but who were unemployed at the time halved from 1,360 to 635. 9.1.12 Changes in the underlying structure of the economy reflected in the national income accounts are further depicted in the Census statistics below showing the distribution of labour between the different sectors of the economy. Table Two - Employment by Sector 1991 v 1996 1991 1996 2001 No. % No. % No. % Agriculture and Fishing 1,240 3.9 938 2.8 543 1.4 Manufacturing 3,348 10.5 3,562 10.6 3,185 8.2 Construction 3,404 10.7 3,372 10.0 2,512 6.4 Utilities1 513 1.6 462 1.4 515 1.3 Transport and Communications 2,437 7.7 2,688 8.0 2,970 7.6 Wholesaling and Retailing 3,844 12.1 3,692 11.0 4,372 11.2 Finance 4,353 13.7 5,942 17.7 8,959 22.9 ICT2 n.a n.a n.a n.a 361 0.9 Professional Services 5,438 17.1 6,081 18.1 7,296 18.7 Tourist Accommodation 856 2.7 765 2.3 743 1.9 Entertainment and Catering 1,403 4.4 1,156 3.4 2,116 5.4 Miscellaneous Services 2,849 9.0 2,768 8.2 2,373 6.1 Public Administration 2,144 6.7 2,146 6.4 3,105 8.0 Total 31,829 100.0 33,5773 100.0 39,050 100.0 Notes: 1 Electricity, gas and water 2 Not separated out from other sectors until 2001 3 Includes 5 where occupation not recorded 9.2 Industry and Storage and Distribution 9.2.1 The nature of industrial activity on the Island changed very considerably during the last century. The previously dominant primary industries of fishing and agriculture now contribute only 1% to the Gross Domestic Product (GDP) and provide only 1.4% of our total employment, whereas manufacturing contributes 6% to the GDP and provides 8.2% of our employment, and the construction industry contributes 6% to the GDP and provides 6.4% of our employment. Storage and distribution has also become a more important activity, particularly in terms of the demands it makes on land, buildings, and access requirements. 9.2.2 Most of the Island's industry is located close to major transportation links, particularly in the case of Douglas, Braddan and Ballasalla, which all have convenient access to Ronaldsway airport and Douglas harbour. Ramsey and Peel harbours are used for the importation and exportation of large scale good s (fuel, building supplies etc). All of these are conveniently accessible to significant pools of labour. In order to minimise excessive transportation of goods and travel for employees, and to promote sustainable development, much of the Island's future industrial development should continue to be concentrated in these locations, and appropriate areas of land should be made available for such uses in the Area Plans for these parts of the Island. It will also be appropriate, when formulating Area Plans for our smaller settlements, to make provision for the continued operation of small -scale family businesses, particu
Community Policy 2
The additional use of the site is not within a sustainable area and would prejudice the site with the potential to impact upon the bio-diversity and wildlife that exists in the immediate area contrary to GP2k,d and CP2.
Community Policy 2: New community facilities should be located to serve the local population and be accessible to non -car users, and should where possible re-use existing vacant or underused buildings. 10.7.2 Local community facilities are important in providing for local communities without the need for travel and should be retained unless the site or premises are no longer suitable for the current or an alternative community use. Developers will be expected to demonstrate that the potential to use the site or building for other community uses has been investigated.
Erection of a fishing complex with lakes, cafe, four holiday cottages, educational facility and landscaping.
Variation of condition 10 of PA 12/01140/B, Erection of a fishing complex with lakes, cafe, four holiday cottages, educational facility and landscaping. To change the hours of operation for cafe from 05.00hrs to 21.00hrs to 07.00hrs to 23.00hrs.
Erection of manager’s lodge. Sunset Lakes.