18 August 2022 · Delegated
3, Clagh Vane, Ballasalla, Isle Of Man, IM9 2hr
Permission was granted to convert unused space above the chip shop and mini-market at 1-3 Claugh Vane, Ballasalla into two one-bedroom flats. The application was submitted by Heron & Brearley Ltd and decided by delegated authority on 18 August 2022. The site is a two-storey building housing existing retail units within the Claugh Vane Estate. It sits to the north of Cobbold Place, which forms part of the Regeneration Area for Ballasalla, making the principle of bringing unused upper-floor space into residential use a relevant consideration. The officer examined the proposal against several planning issues, including its visual impact on the street scene, the adequacy of amenity space for future occupants, and potential effects on parking, highway safety, and neighbouring properties. The application was approved with three conditions attached.
The Department of Environment, Food and Agriculture approved the application on 18 August 2022. The officer assessed the principle of converting unused upper-floor space to residential use, the visual impact on the street scene, the adequacy of amenity space for future residents, and effects on parking, highway safety, and neighbouring amenity, finding the proposal acceptable across all these areas.
General Policy 2
The proposed development is considered to accord with General Policy 2
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
Strategic Policy 1
the conversion of the first floor space above the shop flats would also comply with the requirements of Strategic Policy 1
Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under -used land and buildings, and re - using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space (1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services. 4.2.2 In pursuance of (c) abo ve, the Department will, when formulating its programme for the preparation of new Area Plans, have particular regard to: (a) the availability of mains drainage connected to IRIS or other mains systems; (b) securing the future viability of rural primary schools; (c) the public investment in the Island's highway, bus, railway and tramway networks; (d) the provision and availability of water; and (e) community facilities. 4.3 Environment 4.3.1
Strategic Policy 12
there is support within Strategic Policy 12 for the creation of flats by using vacant or under-used space above commercial premises
Strategic Policy 12: Favourable consideration will generally be given to proposals for improving the quality and condition of the existing housing stock and for the creation of flats by conversion of redundant boarding houses, and vacant or under -used space above commercial premises subject to compliance with detailed standards (see section 8.13). CHAPTER 5 ISLAND SPATIAL STRATEGY 5.1 Implementation of the Government's core purpose "to maintain and build on the high quality of life enjoyed by the Island's community" as set out in Chapter 2 requires many policy measures including, from the Department, a new Development Plan with this Strategic Plan as the over arching policy framework. To guide the physical development of the Island up to 2016 requires an Island Spat ial Strategy (ISS) (1). The ISS provides a framework for strategic choices in relation to development and infrastructure investment. It will also assist private sector investment decisions. It provides a degree of continuity with existing policy but sets new directions to achieve a more sustainable pattern of development in the interests of future generations. It will also assist in the setting of priorities for future investment. 5.2 The starting point of any spatial strategy has to be a review of the e xisting settlement and development pattern of the Island. The very fact that we are an Island nation sets us apart from most of the regions of the British Isles which share physical boundaries with other regions and jurisdictions. The Island comprises a number of distinctive areas which have evolved from the natural landscape and the settlement of the Island. Generally, each area is based on a principal town which supports a range of employment and service provision serving a rural catchment area including smaller villages or hamlets. 5.3 The four areas are: Douglas and the East. Focused on Douglas (population 26,000 (2)) the wider area encompasses Douglas, Onchan, Braddan, Marown, Santon, Laxey and Lonan with a total population of 45,000 comprising over 55% of the Island's population. At the time of the 2001 Census some 23,000 (nearly 60%) of the Island's 39,000 employed population worked in Douglas. A further 2200 (5.7%) worked in Braddan and some 1400 (3.6%) in Onchan. Ramsey and the North. Focused on Ramsey (population 7,300) the rural catchment area encompasses Andreas, Ballaugh, Bride, Jurby, Lezayre and Maughold with a combined population of just under 13,000. In 2001 nearly 2500 (6.4%) of the employed population worked in Ramsey. Peel and the West. Focused on Peel (population 4,200) the rural catchment area encompasses Patrick, German and Michael which, although including the villages of St John's, Kirk Michael, Dalby, Glen Maye and Foxdale, only creates a combined population of some 8,200. In 2001 just over 1000 (2.7%) of the employed population worked in Peel. The South. This is made up of a network of settlements, with Castletown, Port Erin and Port St Mary having populations of between 2,000 and 3,500 and Ballasalla, Colby and Ballabeg, giving a total population of some 14,200. Castletown provides the major business centre and the Ballasalla Industrial Area, the Airport and Freeport is one of the major strategic employment centres for the Island. (1) Island Spatial Strategy is defined in Appendix 1 (2) Isle of Man 2006 Census In 2001 some 2300 (6.1%) of the employ ed population worked in Malew. Some 1400 (2.7%) worked in Castletown. 5.4 This area framework is supported by a strategic transport network which comprises a radial pattern of roads converging on Douglas with links between the main towns and villages around the coast. 5.5 Thus the current spatial framework is characterised by four areas each with a main centre or, in the case of the south, a series of smaller centres, with the strategic transport network providing the links between all parts of the Island. These form a family of settlements which provide a hierarchy of employment and service centres across the Island. The size of some of these settlements presents challenges in terms of maintaining the current level of services in the future. Over the years this area framework has been supported by Government in terms of public service provision of education, healthcare and leisure. Area Plans for each of the four defined areas will be prepared during the next 4 to 5 years. 5.6 The Consultation Draft ( 2000) introduced the concept of a new settlement as a means of accommodating new housing provision but this idea was rejected by the Department in the Draft Strategic Plan (2001) in favour of a policy of containment around existing urban areas (see Appendix 3 ). The Strategic Aim, Objectives and Policies provide the framework to develop the existing spatial framework into a Spatial Strategy. Spatial Vision 5.7 The Strategic Objectives and Strategic Policies direct that the focus of new development should be within existing towns and villages or in sustainable urban extensions, avoiding coalescence of settlements and maintaining their local identity. This translates into a Spatial Vision that by 2016 the Island's communities will have become more sustai nable, prosperous, safe, healthy and vibrant. People from all sections of society will have been provided with better access to a range and choice of homes, jobs and services. This will have been achieved in ways that reduce the impact of society on the environment, improve the quality of design and the built environment and enhance the Island's natural environment and heritage assets. 5.8 In order to achieve this 'Spatial Vision', a framework is required as part of the Island Spatial Strategy for the future development of the Island based on service CENTRES, key transport LINKS and the main GATEWAYS of ports and Ronaldsway Airport (see Key Diagram). The CENTRES comprise a hierarchy of service provision with Douglas, the capital of the Island, seat of Government and headquarters for most of the Island principal businesses and retail stores, as the MAIN CENTRE. Ramsey, Peel, Onchan, Castletown and Port Erin act as SERVICE CENTRES for their respective hinterlands. Below these are a series of SERVICE VILLAGES made up of Laxey, Jurby, Andreas, Kirk Michael, St Johns, Foxdale, Port St Mary, Ballasalla and Union Mills. Finally, there are a number of smaller settlements with little or no service provision which rely on the other centres for various services. These comprise: Bride Glen Maye Sulby Dalby Ballaugh Ballafesson Glen Mona Colby Baldrine Ballabeg Crosby Newtown Glen Vine Strang The only major employment area outside the CENTRES is that based on the Ronaldsway and Ballasalla Industrial Estates and the Freeport but these are adjacent to Ballasalla and Castletown. The aim of the CENTRES, LINKS and GATEWAY approach is to give a strategic focus to future development and achieve balanced growth on the Island by developing: the key transport links as the skeletal framework for future physical development and the primary links to and between the gateway ports and the airport; a compact and dynamic eastern area centred on Douglas, the major gateway and the focus of the strategic transport network; area service centres in the north and west based on Ramsey and Peel using regeneration opportunities to strengthen their employment and service base; and a network of local centres in the south with new development focused on the regeneration of existing centres but recognising the growth potential around Ballasalla and the Airport Gateway. 5.9 In the Douglas and the East Area the focus of development will continue to be in and around D
Housing Policy 17
Housing Policy 17: The conversion of buildings into flats will generally be permitted in residential areas provided that: (a) adequate space can be provided for clothes -drying, refuse storage, general amenity, and, if practical, car-parking; (b) the flats created will have a pleasant clear outlook, particularly from the principal rooms and (c) if possible, this involves the creation of parking on site or as part of an overall traffic management strategy for the area. 8.13.4 In recent years, interest has grown in the development of residential dwellings from redundant commercial space, primarily above shops. In the United Kingdom, inspira tion for such development came from the LOTS initiative (Living Over The Shop) started in 1989 and the FOS programme (Flats Over the Shop), set up in 1991. The Department generally supports the conversion of redundant storage space above shops (which are often outside of residential areas), into residential development unless the occupants would suffer adverse noise, general disturbance or loss of residential amenity from other land uses. 8.14 Loss of Housing 8.14.1 In the current housing situation, the Department is concerned to ensure that there is no unwarranted loss of existing housing which is fit for habitation or could be made so at reasonable cost.
Transport Policy 7
Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7. 11.5.4 New development can have a significant impact in terms of the traffic generated by it and the impact on the various modes of travel. The Department considers that proposals which are likely to be significant traffic generators should be accompanied by a Transport Assessment(1) which should look at all modes of transport including access by public transport, cycling and on foot.
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
Prior to the commencement of the development hereby approved details of secure bicycle storage indicating location design and capacity shall be submitted to and approved in writing by the Department. The development shall not be occupied until the secure bicycle storage has been provided in accordance with the approved plans. The secure bicycle store shall be retained at all times thereafter.
Condition 3
Prior to the commencement of the development hereby approved details of bin storage for both flats approved as part of the application shall be submitted to and approved in writing by the Department. These details shall include location, capacity and type of bin storage provision. The development shall not be occupied until the bin storage area has been provided in accordance with the approved plans and shall be permanently retained thereafter and solely for the purpose of refuse storage.
Removal of chimney stacks and replacement of roof tiles
resulted in the current appearance and layout the existing property
Alterations, replacement windows and doors, and creation of disabled access ramps
resulted in the current appearance and layout the existing property
Retrospective application for the extension of shop into adjacent dwelling and proposed change of use of existing first floor living accommodation to storage for shop below
resulted in the current appearance and layout the existing property