3 March 2022 · Delegated
Amnis De Russyn, Phildraw Road, Ballasalla, Isle Of Man, IM9 3du
This application sought permission to install bi-fold doors to the rear of Amnis De Russyn, a large bungalow on Phildraw Road, Ballasalla, replacing existing windows and a door. The officer considered the proposal's effect on the character and appearance of the property and its potential impact on neighbouring amenity. Both were found to be acceptable. Permission was granted by delegated decision on 3 March 2022, subject to one condition.
The application was permitted by delegated decision on 3 March 2022. The officer assessed the proposal against its effect on the character and appearance of the property and any impact on neighbouring amenity, finding it acceptable. One condition was attached to the approval.
General Policy 2
The proposal complies with General Policy 2 of the Isle of Man Strategic Plan 2016
General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Residential Design Guidance 2021
The proposal complies with General Policy 2 of the Isle of Man Strategic Plan 2016 and in turn the Residential Design Guidance 2021
# Isle of Man Government Planning Circular 3/91 # GUIDE TO THE DESIGN OF RESIDENTIAL DEVELOPMENT IN THE COUNTRYSIDE Department of Local Government and the Environment. Office of Architecture and Planning Government Offices, Douglas, Isle of Man. Rheynn Reiltys Ynnydagh as y Chymmyltacht.  £1.00 # GLOSSARY ## Catslide Roof A section of roof over a single storey extension, usually at a lower pitch than the main roof. ## Corbel A projecting block, usually of stone, supporting a beam or other horizontal member. ## Cornice Moulded ledge. ## Dormer A window placed vertically over a sloping roof with a roof of its own. ## Drip Moulding Projecting moulding above an opening to throw off water. ## Fanlight A window over a door. ## Fenestration The arrangement of windows on an external wall face. ## Gable Area of wall usually triangular at the end of a double pitched roof. ## Kneeler Horizontal projection at eaves level on a gable wall. ## Reveal The side of an opening in a wall between the front edge and the frame of a door or window. ## String Course Intermediate moulding projecting from the surface of a wall, usually corresponding to an internal floor level. ## Vernacular Building Buildings designed by those without formal training in design but using local materials and constructional methods formed over many years by local tradition. ## Weathering Inclined projecting surface to keep water away from walls and joints. Foreword by the Minister for the Environment This circular, published in the form of a guide, sets down some basic principles which are intended to form a constructive approach to further protecting the quality of the countryside. Two of these objectives are the conservation of existing rural buildings and features and the sympathetic design of new development. Similar guides are proposed for areas having townscape quality. Taken together, these guides will provide a framework to assist in the preservation of the special character of the Island's environment and its buildings.  TONY BROWN # INTRODUCTION This Circular is intended to guide applicants, architects and builders on suitable ways to design and construct residential buildings in rural areas. It has been prompted by the need to conserve existing buildings of quality and to maintain the Island's individual identity. The landscape character of the countryside stemming from its geology, climate and agricultural use, is of high quality. It has been largely retained by strict planning restraint on development. Where new building is allowed under present controls, it is considered that this should respect the established rural character which has been the result of the vernacular and Victorian building of the past. Early farmhouses as well as being visually harmonious are still functional and their form is valid in terms of present constructional methods. They are simple, rational and visually faultless. Later Victorian buildings also contribute to the quality of the rural landscape. The essential building characteristics which act as patterns for proposed new residential buildings are described. These then form a basis by which to measure the acceptability of extensions to existing buildings or the design of any new permitted dwellings. The advice on housing design in the countryside is meant to apply primarily to the area outside settlements and urban areas covered by existing Written Statements and Planning Circulars. The area in question is indicated on the adjoining map. The definitive boundary should however be determined with reference to the approved Town Plans. The guide seeks to set a standard for the typical housing requirement in rural areas. It is intended that other guides to new building within a Victorian or Edwardian context will be prepared. An important related subject concerns agricultural buildings. This will need to be the subject of a separate Circular that deals with the retention and use of traditional farm buildings and the siting and design of new structures.  # PRESENT PLANNING POLICIES Current Circulars relating to residential buildings in the countryside emphasise both the need for the renovation of older houses and restrictions on development. New buildings are limited to essential agricultural activity which cannot be accommodated in existing buildings. These restrictions apply equally to extensions or minor works. Only certain items are excluded from the need for planning permission. These, together with work requiring permission, are summarised in Appendix 1. In general, present advice stresses the importance of relating new and existing buildings and of using traditional materials. These policies continue and are supplemented by more detailed design advice contained in this Circular. # POLICY 1 The removal or replacement of traditional elements including materials, windows or external works will generally not be acceptable. Work to buildings which date before 1920 should as far as practicable retain the original materials and form of the building. # THE VISUAL IMAGE OF THE MANX COUNTRYSIDE There is a visual image that symbolises for many the essential Manx countryside. This comprises lowlands of green undulating pastures contained by hedgerows and stone walls. This landscape is punctuated by simple rectangular crisp white farmhouses with slate roofs set amongst less prominent stone farm outbuildings and tree clumps. Above this comfortable habitat, the fields become steeper and change character, culminating in heather or rocky summits. The resulting prospect is a rich green land form scattered with small white houses on its lower slopes.  This image is the context which any new building must respect. The advice in this Circular is aimed to achieve this objective. # DESIGN PRINCIPLES FOR RURAL DWELLINGS ## SITING The siting of buildings may be in small groups or singly. Where single, they are often prominently placed in the landscape. New building groups should be located below the skyline. To achieve sympathy with the land form and for constructional economy, buildings generally should be placed along the contours rather than across them. An important factor in siting of buildings is the relationship with tree cover and hedgerows. The traditional farmstead has a natural and close functional relationship with field boundaries and often includes a tree group. This relationship should be maintained. New buildings should form a unity with any landscape features or existing buildings within the vicinity. Where no trees exist, new tree planting will be required to blend the building into the landscape.  Group of rural buildings sited below the skyline.  Single traditional rural building whose prominent location has been softened by tree and hedgerows.  Informal relationship between farm buildings together with tree planting achieves integration with the environment. ## POLICY 2 New buildings are to be integrated with the landscape and where in groups, with each other. Single buildings in prominent locations can only be considered if they are satisfactory in all respects and include landscape proposals. # PROPORTION AND FORM The proportion and form of country houses follow common patterns. The typical dwelling takes the form of a double cube volume topped by a steep pitch roof with gable ends. With these proportions and using the normal present day ceiling height of 2.5m, a two storey building gives an external plan dimension of 11.0m x 5.5m and will accommodate some 100 square metres of floor space. Variations on this floor area are achieved traditionally by lengthening or shortening the length of the block within the constraints of achieving a regular fenestration with a central entrance, or by rear extensions. The rear extensions are
Community Policies 7
consideration shall also be given to Community Policies 7 and 11 in respect of reducing outbreak of fire
Community Policy 7: The design of new development and the extension and refurbishment of existing buildings and development must, as far as is reasonably practical, pay due regard to existing best practice so as to help prevent criminal and anti-social behaviour. 10.12.2 The Isle of Man Constabulary has suggested that neighbourhood police stations, where the public can meet police officers, are needed to improve community safety. In the majority of cases these will need to be provided within existin g communities as opportunities arise. Consideration should be given to incorporating such facilities in larger new developments in association with other community facilities.
Infrastructure Policy 5
Infrastructure Policy 5 in respect of water conservation
, if it can be demonstrated that development there would not result in an incursion into the countryside. However there is no corresponding proposal for residential areas. Proposed Change 75 (in PIP5) now indicates that appropriate colour washes should be applied to the Proposals Map, to show the Mount Murray and Braddan Hills areas as 'Predominantly Residential'; and the Snugborough Estate as 'Industrial'. I agree with this. I also recommend that the whole of the waste management area at Richmond Hill should be similarly delineated and washed over as a site for 'Special Industry' (as defined in paragraph 9.2.3 of the Strategic Plan). CHAPTER 4 - LANDSCAPE Landscape Character Areas and Areas of High Landscape Value 25 Chapter 4 of the draft Area Plan is headed 'Landscape - Character and Appearance'. It draws on a Landscape Character Assessment Report which was prepared for the Government by consultants in 2005. The report describes the qualities of a series of Landscape Character Areas, and identifies landscape features that are worthy of protection. It excludes consideration of the urban areas of Douglas and Onchan. 26 Landscape Proposal 1 of the Area Plan states that the broad landscape strategies and key views for each Character Area are to be regarded as policy statements on matters of landscape in the East. Applicants for planning approval must demonstrate that consideration has been given to these strategies and key views. Twenty different Character Areas are identified. The key strategy for each of them is to 'conserve' (or 'conserve and enhance') the 'character, quality and distinctiveness' of the area; and of certain specified landscape features. During the inquiry, a number of objectors to proposed land allocations argued that this policy of landscape conservation should outweigh other considerations which might tell in favour of development. In my view, if landscape policy fails to distinguish between areas of outstanding beauty or cultural interest on the one hand, and less sensitive areas of countryside on the other, it may become increasingly difficult to find sites for essential development. 27 The approach set out in the Area Plan is intended to replace a landscape policy which has been in place since 1982, and is encapsulated in Environment Policy 2 of the present Strategic Plan. That policy identifies Areas of High Landscape or Coastal Value and Scenic Significance (AHLV). Within each AHLV the protection of the character of the landscape is normally the most important consideration for development control purposes. By implication, outside of AHLVs, other factors can be given relatively greater importance. I consider this to be a useful policy tool, in so far as it identifies those areas which can best absorb necessary development without harming the most sensitive landscapes. A similar policy applies in England, where the protection of the landscape is given priority in National Parks and Areas of Outstanding Natural Beauty. The general extent of AHLVs is shown in the Strategic Plan's Key Diagram. 28 Some necessary development will inevitably change and possibly detract from the character of the landscape. Examples might include the extraction and processing of minerals, the management of waste, the generation and transmission of electricity, the construction of roads, or the erection of factories and houses. In my view, it is important that landscape policy should provide guidance as to where such development might best be absorbed into the landscape with minimum harm. 29 Accordingly, it seems to me that consideration should be given to the continued designation of Areas of High Landscape Value in the Area Plan, and that priority should be given to the protection of the landscape in those areas. The Area Plan should define the precise boundaries of the AHLV. ( I note that the rural areas of both Braddan and Onchan are currently covered by a blanket AHLV designation, which may be difficult to justify). I am aware that development control officers find the descriptive material set out for each Landscape Character Area in the draft Area Plan to be useful. I see no reason why the material in question should not be retained in the Area Plan, alongside AHLV. 30 I recommend that consideration be given to the designation, in the Area Plan, of Areas of High Landscape Value, with precise and justified boundaries. Environment Policy 2 of the Strategic Plan would continue to apply within such areas. Effect of Proposed Development on the Landscape North of Douglas and Onchan 31 Miss P Newton and Dr K Kilmurry each referred to the potential impact of proposed development of sites on the northern edge of Douglas and Onchan, referring particularly to the adverse effect of building on the skyline, and the need for an overall scheme of landscaping. I consider it important that development briefs for the sites in question should make provision for the preparation of masterplans which would include comprehensive landscaping schemes. Details of these would
Environment Policy 10
Environment Policy 10 with regards to flood risk
irements of the relevant gas supply agency. Flood Risk 63 There was widespread concern about the adequacy of drainage and the risk of flooding, particularly in parts of Braddan, Onchan and Laxey. Environment Policy 10 of the Strategic Plan indicates that where development is proposed on any site where there is a potential risk of flooding, the prospective developer will be required to submit a flood risk assessment, together with details of proposed mitigation measures. This approach is reinforced in Utilities Proposal 6 of the draft Area Plan, which (among other things) requires the incorporation of Sustainable Drainage Systems (SuDS) into new developments, to attenuate the rate of surface water run-off. I consider these policies to be reasonable. Clearly, without adequate mitigation measures, new building should normally be resisted on land which is at serious risk of flooding, or where the proposed development would increase the flood risk elsewhere. 64 In my view, the format of Utilities Proposal 6 could be improved. First, as a Proposal of the Area Plan, I consider that it should be in a bold typeface, to differentiate it from the supporting text. (The same applies to a number of other policies e.g. Transport Policy 2, and Utilities Policies 2 and 5). Second, there appears to be an error of syntax at the start of the second sentence of Utilities Proposal 6, which should perhaps read 'Strategies to achieve this will include …'. Third, the third bullet point of this Proposal introduces SuDS. Subsequent bullet points describe features of SuDS, and are therefore subordinate to the third bullet point. For clarity, I consider that they should be indented. I recommend that the draft Area Plan be modified accordingly. Sewage Treatment 65 There was also some public concern about the adequacy of the sewerage system, both in terms of its capacity to accommodate the effluent from proposed residential development areas, and in terms of the current practice of discharging untreated sewage into the sea. Infrastructure Policy 1 of the Strategic Plan indicates that developments entailing the erection of multiple dwellings should take place only on sites that will ultimately be connected to the IRIS system, which takes sewage to a treatment works at Meary Veg. (IRIS is an acronym for Integration and Recycling of the Island's Sewage). However, as long ago as 2006/7, a review was undertaken to decide whether to continue with the IRIS strategy. This concluded that it would be beneficial to adopt a regional sewage treatment strategy (RSTS) for those settlements that were not already connected to the IRIS system, including Laxey, Baldrine and settlements in the Central Valley. To that extent, Infrastructure Policy 1 of the Strategic Plan is now out of date. 66 I understand that a planning application will soon be submitted for the development of a local sewage treatment facility for Laxey. Feasibility studies for the provision of a similar facility to serve Baldrine are ongoing. A replacement sewage works at Ballagarey, serving part of the Central Valley became operational in 2018. However, capacity limitations mean that planned development in Crosby is likely to have to rely on standalone sewage treatment for the time being, until the existing treatment works is replaced as anticipated in 2022. The Programme for Government (2016-2021) indicates an intention to complete the regional sewage treatment infrastructure within the lifetime of the present administration. 67 It seems to me that these considerations should be taken into account in the allocation and phasing of land for development. I will return to this matter when considering the draft Area Plan's proposals for housing. Electricity Renewable Energy 68 Peel Energy considered that the Area Plan should contain a detailed and specific chapter on renewable energy, providing measurable criteria against which applications for the development of renewable power generating facilities would be assessed. They cited the States of Jersey Island Plan 2011, which includes such material. And they pointed out that a Climate Change Emergency has recently been declared on the Isle of Man; that a Climate Change Bill is soon to be presented to Tynwald; and that there has been strong public support for the Government's Climate Change Mitigation Strategy. They argued that, in failing to provide detailed guidance on renewable power generation, the Area Plan was inconsistent with the Strategic Plan; and that since the Area Plan post-dated the Strategic Plan, its largely negative provisions would prevail. 69 Energy Policy 4 of the Strategic Plan applies to development proposals for renewable energy generated by wind, water, tidal or solar power. It indicates that any such proposals will be judged against that Plan's environmental objectives. Proposals for wind, water or tidal power would need to be supported by an Environmental Impact Assessment. The supporting text indicates that renewable energy schemes will be given similar scrutiny as is gi
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.