25 July 2008 · Delegated
Land To Rear Of Bay View Hotel, Lhargan, Port St Mary, Isle Of Man, IM9 5ar
The application (08/00391/B) proposes the erection of a detached dwelling with integral garaging on land to the rear of the Bay View Hotel in Lhargan, Port St. Mary (parish of Rushen). The site slopes 14 m upward from east to west over 37.5 m, with the eastern part presently used for some car parking spaces. The formal decision was to approve the application and the portal decision recorded it as Permitted. The decision was made under delegated authority by the Director of Planning and Building control.
The decision was to approve the application for a detached dwelling with integral garaging. The official portal outcome is Permitted. The packs provided do not list specific refusal reasons or detailed key issues, but the decision notice records the approval wording and delegated determination. The formal decision record lists 4 conditions.
Strategic Policy 1a
Development should make the best use of resources by optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and reusing scarce indigenous building materials
Strategic Policy 2
encourage sustainable development in existing settlements
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:
Spatial Policy 5
encourage sustainable development in existing settlements
Strategic Policy 3
Proposals for development must ensure than the individual character of our towns and villages is protected by "having regard in the design of new development to the use of local materials and character"
Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (a) avoiding coalescence and maintaining adequate physical separation between settlements; and (b) having regard in the design of new development to th e use of local materials and character. 4.3.4 Most of our built heritage, our countryside, our coastline and our natural environment is of attraction, value and interest. Surveys commissioned by Government on the quality of life and the importance of heritage in the Isle of Man and internationally, have consistently shown that the historic landscape setting of the Isle of Man scores as t he single most significant factor for residents and visitors in supporting the concept of a specific and positive Manx identity. This "heritage identity" is a result of the combination of a rich diversity of historic sites and monuments, historic building s and residential settlements and a specific range of natural history attributes set within a predominantly rural landscape setting which links modern life to a sense of historic legacy and beauty, the retention of which is strongly supported by Government and the resident community. 4.3.5 The landscapes of the Island are very varied, and their nature and variety is the consequence of thousands of years of interaction between the natural and cultural aspects of the Island through human activity within the enviro nment and an innate respect for the natural and historic qualities they represent. 4.3.6 This landscape heritage is more than simply the sum of its parts. The combination of geology, geomorphology, wildlife, archaeology, history, traditional buildings and the natural settings for traditional activities and customs, combine in the rural and built environment to provide an inseparable element of "Manxness". It provides an overarching context which makes the landscapes of the Isle of Man unique and gives them the value which is acknowledged by those who live here and those who visit. The protection and promotion of this element within Manx society is an important element in central Government policy and the Strategic Plan, which both support the view that these v alued characteristics of the Isle of Man be acknowledged and protected for the future from inappropriate development. 4.3.7 This protection will apply to areas of heritage value, to sites of heritage value and to general traditional landscape settings within the Island which are deemed to contribute to the sense of the Island's heritage identity. Heritage landscape value will therefore be a consideration in all aspects of planning, with a view to retaining and enhancing this value wherever possible.
Strategic Policy 5
New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island
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.
Condition 1
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Condition 2
This permission relates to the erection of a dwelling and associated parking as shown in drawing reference AT 925.1 and the site and location plans, all received on 28th February, 2008.
Condition 3
All windows in the northern elevation must be fitted with glass obscured to Pilkington Level 5 or equivalent and have opening restrictors such that a clear view out of the windows over number 2, The Lhargan is not possible. Such glazing must be retained in perpetuity.
Condition 4
Prior to the occupation of the dwelling, the balconies must have fitted on their northern side, obscured glazed panels to a height of 1.8 m within the balustrading to prevent overlooking of property to the north of the site.
