Erection of cold storage room (part retrospective)

Policy 6.7

Peel Local Plan (1989)

y. Generally speaking, developments over 20 houses would have to provide children's play space on-site as well as an appropriate level of amenity open space on-site. How much will it cost? A.6.7 The cost of providing the public open space will be calculated as a percentage figure of the overall cost of providing open space within the development. For exam ple, where no public open space is being provided on site that would be required by the standards, the developer will be required to provide 100% of the cost of the provision elsewhere. Where the off site provision is addressing a shortfall in the overall provision on site, in that areas of open space are to be included within the development, but the full requirement of the standards cannot be accommodated, the applicant will be required to provide the remaining percentage cost. The payment of commuted sums will be the subject of legal agreements under Section 13 of the 1999 Act. How will funds generated by commuted sums be used? A.6.8 Funds can be used to lay out new open space or to improve existing open space. Money generated from commuted sums will be held in an interest earning account and will be used in the same Parish as the development. Exceptions to this may occur where a devel opment borders a neighbouring authority or where open space serves the needs of a wider area e.g. sports pitches. Design of public open space A.6.9 Both formal and informal open space should be designed as an integral part of the development so that it offers recreational value and visual relief and in some cases may provide the main focal point of the development. There is often local opposition to the provision of children's play spaces especially within new residential developments. Therefore it is e ssential that facilities be designed as part of a comprehensive approach to estate layout, which includes consideration of good neighbourliness, the need for adequate privacy and amenity for the occupiers of dwellings, road traffic and pedestrian activity and community safety. The following are also important considerations in the siting and layout of public open space which should:-  be defensible but not sited to cause a nuisance to dwellings;  easily maintainable;  be of sufficient size to be usable;  build upon existing linkages to provide green corridors;  incorporate existing landscape features;  provide appropriate children's play equipment in areas from which dogs are excluded, preferably by the use of fencing and dog proof grids, and  be of a design and l ayout to enable future adoption and maintenance by the Local Authority. APPENDIX 7 PARKING STANDARDS Residential A.7.1 High levels of car ownership have led to an increase in the level of parking expected for new residential development, and outside of town centre locations these standards should not be relaxed. New-built residential development should be provided with two parking spaces per dwelling, at least one of which should be within the curtilage of the dwelling and behind the front of the dwelling, although the amount and location of parking will vary in respect of development such as terracing, apartments, and sheltered housing. In the case of town centre and previously developed sites, the Department will consider reducing this requirement having regard to: (a) the location of the housing relative to public transport, employment, and public amenities; (b) the size of the dwelling; (c) any restriction on the nature of the occupancy (such as sheltered housing); and (d) the impact on the character and appearance of the surrounding area. Where new dwellings are created by the conversion of existing buildings, parking space should be formed by the clearance of outbuildings and low -grade annexes or "outlets" if it is reasonable and practica ble so to do; however, in general, the need to find a use for redundant buildings which are in sound condition will outweigh the drawback of any shortfall in parking provision. Offices A.7.2 The current car parking standard associated with town -centre o ffice development is one space per 50 sq.m. of nett office floor space, preferably provided on -site, but otherwise provided conveniently close to the site. Where office space is permitted outside of town centres, the current parking standard is one space per 15 sq.m. of nett office floor space. A.7.2.1 Having regard to the environmental objectives of this Plan, the Department is mindful that it may be appropriate at some time in the future to re -consider these standards. In the formulation of an Integrat ed Transport Strategy (Objective 3.5(a)), it will be appropriate to consider a variety of options, including the possibility of restricting the provision of parking spaces with new town centre office developments. If accompanied by rigorous on -street parking controls and more extensive public transport, such an approach would have environmental benefits, including the evolution of a more pedestrian -friendly streetscape. There would remain, how

Policy 6.8

Peel Local Plan (1989)

inappropriate development. CHAPTER 6 - THE URBAN ENVIRONMENT Registered Buildings and Conservation Areas 49 The Isle of Man Natural History and Archaeological Society questioned paragraph 6.8.2 of the draft Area Plan, which states that 'Registered Buildings and Conservation Areas, which might not necessarily achieve such status in the United Kingdom, have gained a higher status in the Isle of Man, where their contribution to national identity and the Island's story is highly valued'. I do not accept that this denigrates the Island's heritage assets; on the contrary it underlines their importance. I do not consider any modification of this part of the text of the draft Area Plan to be necessary. 50 The Braddan Parish Commissioners sought the designation of Mount Rule, the Baldwins, and part of Port Soderick as Conservation Areas. However, the procedure for the designation of such areas is set out in Section 18 of the Town and Country Planning Act 1999, and makes no reference to the development plan. The purpose of the Area Plan is to formulate proposals for the development or other use of land. It is not within its scope to create new Conservation Areas. In order to prevent further misunderstandings on this matter, I recommend that Urban Environment Policy 7 be deleted from the draft Area Plan. Urban Environment Proposal 3 51 This states that 'development proposals … which are contemporary in style and which clearly demonstrate innovative design solutions … will generally be supported'. DEFA considered that contemporary styles might be inappropriate in some areas, which have a more traditional urban form. I agree. I recommend that Urban Environment Proposal 3 be modified to read as follows: Development proposals must make a positive contribution to local character and distinctiveness. Traditional or contemporary approaches may be appropriate, depending upon the nature of the proposal and the context of the surrounding area. Archaeology 52 Environment Policies 40 and 41 of the Strategic Plan deal with the development of known or potential archaeological sites. It is not clear to me that Urban Environment Proposal 8 adds anything useful to these policies. The final sentence of Urban Environment Proposal 8, which states that there is no presumption against the development of archaeological sites, appears potentially to contradict Environment Policy 40 of the Strategic Plan, which indicates that development which would damage, disturb or detract from an archaeological site or its setting will not be permitted. I recommend that Urban Environment Proposal 8 be deleted from the draft Area Plan. Railway Architecture 53 Urban Environment Proposal 9 refers to the protection of station buildings, gate-keeper's huts and other line-side structures. However, it seems to me that if they are worthy of preservation, these buildings should be registered. While I do not doubt their cultural importance, in the absence of their registration, it is not clear to me how the planning authority could prevent their demolition or removal. I recommend that Urban Environment Proposal 9 be deleted from the draft Area Plan. CHAPTER 7 - TRANSPORT AND UTILITIES Highways Traffic Congestion 54 The Area Plan recognises that that there is already traffic congestion at the Quarterbridge junction; at the junction between Mountain Road and Governor's Road; and at the junction between Glencrutchery Road and Victoria Road. The evidence is that if all the development sites identified in the draft Area Plan were to be built-out, and no improvements were made to the road system, there would be a significant increase in congestion in Douglas and Onchan. Modelling commissioned by the Government suggests that, in the worst case, the average speed of traffic during the afternoon peak could decrease from 19mph to 12mph. Some journey times would be likely to increase by more than 100%, when compared with 2016 data. This would affect both private and public transport. However, it seems to me that, in practice, this worst case scenario is unlikely to arise. 55 Opportunities for additional carriageway provision are very limited and none are proposed in Douglas or Onchan in the Area Plan. However, there may be potential for limited highway improvements in the proposed Comprehensive Treatment Areas. Additionally, there is scope for the installation of an improved system of traffic signals, which could improve the capacity of the existing road network, particularly at junctions. Further mitigation could result from the introduction of the Active Travel Strategy, whereby drivers are to be encouraged to walk or cycle to their destinations, where this is practicable. Children living reasonably close to their school could be encouraged to walk there (perhaps in a supervised 'walking bus'); or go by bike. Reduced car use might also be achieved by a modal shift in favour of public transport; or car travellers could be encouraged to share a single vehicle, wherever possible. There may also be incr

Strategic Policy 4

Isle of Man Strategic Plan

Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings (1), Conservation Areas (2), buildings and structures within National Heritage Areas and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance. 4.3.8 The design of new development can make a positive contribution to the character and appearance of the Island. Recent development has often been criticised for its similarity to developments across the Island and elsewhere - "anywhere" architecture. At the same time some criticise current practice to retain traditional or vernacular designs. As is often the case the truth lies somewhere between the two extremes. All too often proposals for new developments have not taken into account a proper analysis of their context in terms of siting, layout, scale, materials and other factors. At the same time a slavish following of past design idioms, evolved for earlier lifestyles can produce buildings which do not reflect twenty first century lifestyles including accessibility and energy conservation. While there is often a consensus about what constitutes good and poor design, it is notoriously difficult to define or prescribe. 4.3.9 The Department recognises the need to raise the quality of the Island's architecture and built environment and is pursuing this through the development control process and the commissioning of its own schemes and environmental improvements. At the same ti me it appreciates that the debate about good design needs to be broadened to include those who design, construct and finance new development and the wider community as we are all affected by the end product. To this end it welcomes the Isle of Man Arts Co uncil's National Arts Development Strategy 2005 - 2014 which has as one of its objectives, to raise the quality of the Island's architecture and built environment by encouraging debate on architectural standards, town and country planning, urban regenerati on and public art. This Strategy recognises that debate will have to take place over time. 4.3.10 In the meantime, the Department considers that, while there are a number of policies in the Strategic Plan which cover various elements of the design of new development e.g. General Policy 2 (a) -(i), ( m) and (n), and various Housing policies, there is a need for a further statement on the need to secure quality in the design of new development. In the preparation of Area Plans the Department will include development briefs that set out design principles for significant sites including new residential areas. Subsequent planning applications will be required to be accompanied by a Design Statement setting out the way in which the proposal has been designed to take into account its context and how the design principles have been developed. 4.3.11 At the same time as wishing to promote good design in new development the Department recognises that there are an increasing number of alternative styles of housing which draw their design principles from the wish to promote sustainability and energy efficiency. Many of these can be incorporated into both modern and traditional designs but in some cases they produce a completely different structure or form of buildings, for exa mple underground (1)Registered Building is defined in Appendix 1 (2) Conservation Area is defined in Appendix 1 housing. While wishing to conserve the historic landscape of the Island the Department welcomes new styles of housing as long as they take into account the landscape context and the impact on the amenities of the area in which they are si ted. Merely arguing that a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development.

General Policy 2

Isle of Man Strategic Plan

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 7

Isle of Man Strategic Plan

Spatial Policy 7: In accordance with Strategic Policy 3 Area Plans will assess the need for Green Gaps(1) between settlements so as to avoid coalescence. (1) Green Gap is defined in Appendix 1 This page has been left intentionally blank. This page has been left intentionally blank. CHAPTER 6 GENERAL DEVELOPMENT CONSIDERATIONS CONTENTS 6.1 Introduction 6.2 Development within land-use zones 6.3 Development outside of areas zoned for development 6.4 Planning Agreements 6.5 Enforcement 6.6 Advertisements 6.7 Public Art CHAPTER 6 GENERAL DEVELOPMENT CONSIDERATIONS 6.1 Introduction 6.1.1 The Development Plan will make positive land-use allocations and provision through its policies such as to meet the Island's foreseen development needs for the period 2001 -2016. It will therefore provide the basis on which development control decisions are made during this period. 6.1.2

Business Policy 5

Isle of Man Strategic Plan

Business Policy 5: On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution; retailing will not be permitted except where either: (a) the items to be sold could not reasonably be sold from a town centre location because of their size or nature; or (b) the items to be sold are produced on the site and their sale could not reasonably be severed from the overall business; and, in respect of (a) or (b), where it can be demonstrated that the sales would not detract from the vitality and viabil ity of the appropriate town centre shopping area. 9.2.7 Where industrial development is proposed, it is essential that all parking and manoeuvring by vehicles which will be generated by the use of the site can be accommodated within the site and off the highway. This is particularly important within industrial estates where lack of parking and manoeuvring space can create significant difficulties for other estate users, particularly where the use of large and articulated vehicles is involved. Where mezzani ne levels are proposed after a building has been completed, the Department may require more parking space to accommodate the additional traffic which would be generated. The standards of parking provision which will be required are set out in Appendix 7. 9.2.8 Local requirements for industrial development of a particular sort will be identified during the preparation of Area Plans. The Department is aware that, within some parts of the Island, there is a demand for small "starter units".

Environment Policy 10

Isle of Man Strategic Plan

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