2 December 2022 · Delegated
38, Patrick Street, Peel, Isle Of Man, IM5 1bs
Permission was granted for works at 38 Patrick Street, Peel, a two-storey terraced house within the Peel Conservation Area. The proposal covered a replacement single-storey rear extension, replacement roofs, and re-rendering of the existing property. The site forms part of a long row of terraced properties on the western side of Patrick Street. The dwelling currently has a beige pebbledash render on the front elevation, and the rear has been extended in piecemeal fashion over the years. The officer noted that external finishes along Patrick Street vary considerably. The main planning issues considered were the principle of development, the impact on the Conservation Area, effects on neighbouring amenity, and highway and parking matters.
The application was approved by a Principal Planner acting under delegated authority. The key planning considerations included the principle of development, the impact on the Peel Conservation Area, and effects on neighbouring amenity, all of which were found to be acceptable. The formal decision record lists 2 conditions.
Priority for new development to identified towns and villages
Principle of development
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:
General Policy 2b,c,g General Development Considerations
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
Environment Policy 35 Development in Conservation Areas
Impact on Conservation Area
Environment Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.
Impact on Conservation Area
Spatial Policy 5
Impact on Conservation Area
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.
Highways safety
Highway safety and parking
Transport Policy 4: The new and existing highways which serve any n ew development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan. 11.3.2 Notwithstanding policies within this plan which encourage travel by means other than private car it is anticipated that the number of vehicles using the Island's roads will continue to increase. This increase in demand is likely to lead to a greater need for road impro vements in order that travel can take place in a safe, effective, and environmentally acceptable manner. The Department of Transport will continue to assess the need for such improvements to public highways and undertake works where appropriate, with much of the improvement within existing roads carried out under the provisions of the Town and Country Planning (Permitted Development) Order2005. The need for improvements to the Island's highway network must be balanced against the environmental objectives of this plan.
Parking provision
Highway safety and parking
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.
Designing out criminal and anti-social behaviour
Other matters
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.
Prevention for the outbreak and spread of fire
Other matters
Community Policy 11: The design and use of all new buildings and of extensions to existing buildings must, as far as is reasonable and practicable, pay due regard to best practice such as to prevent the outbreak and spread of fire. CHAPTER 11 TRANSPORT, INFRASTRUCTURE AND UTILITIES CONTENTS 11.1 Introduction 11.2 Public Transport 11.3 Highways and Traffic 11.4 Pedestrians 11.5 Car Parking 11.6 Airports and Airfields 11.7 Harbours 11.8 Drainage 11.9 Communications 11.10 Water Supply and Water Conservation CHAPTER 11 TRANSPORT, INFRASTRUCTURE AND UTILITIES 11.1 Introduction 11.1.1 Chapter 2 sets out the Government's Core Purpose and Aims and the Department's Strategic Aim. These policies include in particular the Core Purpose "To maintain and build on the high quality of life enjoyed by the Island's Community." and the aim "To protect and improve the quality of the environment." 11.1.2 The S trategic Objectives in Chapter 3 make reference to the need to develop a more integrated transport strategy which balances the growth in car usage with the promotion of more sustainable alternatives. 11.1.3 In land use planning terms this translates into a more sustainable pattern of development concentrating development in and around existing settlements. Modern society has become increasingly reliant on the private motor vehicle and derives benefits from it. But there is a price to be paid in terms of congestion, air pollution and noise and visual impact. At the same time the environment of the Island and our towns and settlements has evolved over many hundreds of years and in many cases is not capable of adapting to the further pressures of car access and usage without adverse impacts on the environment. 11.1.4 To balance these conflicting needs it is considered that a more integrated transport network needs to be developed to balance the growth in car usage with improvements to other more sustainable alternatives. Over time we need to move to a situation where those who need to travel can do so in a range of different ways wherever this is reasonable and practicable. To this end the Department of Tourism and Leisure considers that a significant cont ribution to maximize the utilization of existing Public Transport would be made if businesses and schools were encouraged to stagger the start and end of working days. The Department of Transport confirm that the staggering of school start times would also maximise the use of existing transport infrastructure both of highways and the bus fleet. The Department of Transport is jointly progressing, with the Department of Education, the concept of School Travel Plans, with the aim of reducing car journeys to and from schools. 11.1.5 Because of the critical link between the land use planning policies of the Development Plan and the transport policies of the Government it is considered essential to develop an Integrated Transport Strategy which will link these two activities which are so critical to developing more sustainable development. 11.1.6 The Government Plan has, within the Sound Infrastructure Aim, the objective "To promote an integrated transport strategy to meet the needs of the local community and visitors". 11.1.7 In 2006, the Department commissioned a Transport Study by consultants 'JMP' to study the effect of development on the highway system. This allowed the proposed Transport Policies to be assessed in the light of up to date surveys and analysis. A further transport assessment consisting of traffic surveys on the Strategic Links, has now been undertaken (2014) to ascertain the current traffic flows and the implications of traffic growth up to 2026. 11.1.8 The original JMP Report (published 2007) identified: The main Strategic Links between the communities on the Island (the Centres referred to in the Spatial Strategy); The status of those Links in terms of condition, capacity, congestion etc.; and The expected impacts of the level of development proposed in the Isle of Man Strategic Plan 2007. 11.1.9 The original Report (2007) identified the Strategic Links in the list below. The 2014 transport assessment which examined up to date traffic data made no change to this list: A1 Douglas - Peel A2 Douglas - Laxey A2 Laxey - Ramsey A3 Castletown - St Johns A3/A4 Peel - Ramsey A5 Douglas - Ballasalla A5 Ballasalla - Castletown A5 Castletown - Port St Mary - Port Erin A18 Douglas - Ramsey 11.1.10 The original JMP Report (2007) identified that the following junctions experienc ed regular traffic congestion: Quarterbridge Mountain Road/Governors Road Glencrutchery Road/Victoria Road 11.1.11 Taking into account the proposed level of new development identified in the Isle of Man Strategic Plan 2007, the JMP Report concluded that the following junctions would suffer more congestion: Quarterbridge Mountain Road/Governors Road Glencrutchery Road/Victoria Road A5/A7 junction Ballasalla Parliament Square Ramsey 11.1.12 The 2014 transport assessment took into account the proposed level and location of new housing development up to 2026 and concluded that: the Strategic Links are, and should, continue to operate within their 3,060 vehicles per hour capacity for the duration of the revised Isle of Man Strategic Plan ( up to 2026); following sensitivity tests on the Ballacraine to Ramsey Strategic Link, there is no requirement to undertake further traffic congestion investigation work in rural village locations such as Kirk Michael; following sensitivity tests, the Castletown to Ballasalla and Ballasalla to Douglas links highlight the requirement for traffic congestion investigation work in Ballasalla in 2026; the Quarterbridge and Governors Hill junctions 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 traffic flows at the Parliament Square junction in Ramsey, Ball acraine junction, and Main Road junction at Onchan are all set to increase by 2026 which will increase congestion at these locations. 11.1.13 An evaluation of this data indicates the increase in traffic flow at Parliament Street in Ramsey can be accommodated by the minor improvement works to increase capacity at this location in 2009. However, the Ballacraine and Onchan Main Road traffic signals will require further assessment during the development of the Area Plans for the West and East of the Island respectively to ensure these junctions do not become subject to a high level of congestion. 11.1.14 As the Isle of Man Strategic Plan is a document for the whole Island and does not include site specific proposals it is not considered either appropriate or necessary to include policies or proposals in respect of the specific traffic schemes. However, the Area Plans will need to consider both the implications of these schemes and the need for any localised improvements arising from any site specific proposals for new development. 11.1.15 Considering the outcome of the 2007 JMP Report, as well as the latest transport assessment 2014 which examined both the whole strategic route network as well as the local strategic route network, it is judged that the Policies in this Chapter remain appropriate. 11.2 Public Transport 11.2.1 It is considered that in order to support the environmental objectives of this plan the use of public transport as an alternative to the private car should be encouraged. Whilst many of the measures designed to improve public transport systems are not lik ely to involve the planning process, the enhancement of public transport infrastructure - for example
Water conservation and management
Other matters
, 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
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Condition 2
No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs and render, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.