10 February 2023 · Delegated
Hampton Manor, Quines Hill, Port Soderick, Isle Of Man, IM4 1ba
Permission was granted for a two-storey garage extension to the rear of Hampton Manor, Quines Hill, Port Soderick. The extension provides parking for two vehicles on the upper level and a games room or gym on the lower level, connected to the main house by a single-storey flat-roofed archway. The main planning considerations were the visual impact of the works on the appearance of the existing property and on the surrounding countryside. The site is set approximately 65 metres back from the Old Castletown Road and is enclosed by mature landscaping, meaning only very limited views of the building are achievable from outside the site. The application was decided by a delegated officer on 10 February 2023. The officer recommended approval, and the application was permitted.
The application was permitted on 10 February 2023 under delegated authority. The officer's assessment focused on the visual impact of the extension on the existing dwelling and the surrounding countryside, and concluded the proposal was acceptable. The site's mature landscaping means only very limited views of the building are achievable from the road and wider area.
Housing Policy 16
Overall, it is concluded that the planning application accords with the provisions set out in Housing policy 16
Housing Policy 16: The extension of non -traditional dwellings or those of poor or inappropriate form will not generally be permitted where this would increase the impact of the building as viewed by the public. 8.13 Conversion of Buildings to Flats 8.13.1 There are in the Island, and particularly in Douglas, many substantial buildings which, because of their size or form, are no longer suitable for the originally intended use as either single dwellings or holiday accommodation, but which are still structur ally sound. The Department has for many years encouraged the conversion of such buildings, where appropriate, into flats. 8.13.2 The size, layout, occupancy, etc., of flats are controlled by the Housing (Flats) Regulations 1982. However, all flats should also have a good external environment, characterised by - (a) a pleasant, clear outlook, particularly from the principal room(s) of the flat and (b) access to external space for the purpose of clothes-drying, refuse storage, car-parking, and general amenity. 8.13.3 Many buildings which are generally suitable for conversion into flats not only have very little space around them, but also have an annex or "outlet" at the rear. The Department may require the demolition, in total or in part, of such "outlets" even where the immediate use of the cleared space may not be possible, for example where more than one rear annex may be needed to be removed to gain access or highway work such as road widening may be required to make the cleared space useful. Such demolition will: (a) remove accommodation which has a poor environment and limited outlook; (b) permit the creation of parking space; and (c) assist in admitting light and air to the rear of the building proper. Where such demolition is not so required, the accommodation must generally be organised so that every flat has an outlook from the front of the building, and so that no flat is contained entirely within an "outlet". Exception may be made to this general approach where the environment at, and the outlook from, the rear are pleasant and open.
Environment Policy 1
Area Plan for the East sets out locally-applicable means for implementing the policies set out in the Isle of Man Strategic Plan 2016. In that Strategic Plan, we find the Environment Policies. Environment Policy 1 states: The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over- riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative. Maintaining the purpose of this Area Plan as a means of implementation, there is some further direction to be found in the Strategic Plan, at paragraph 7.2.1: 'Whilst landscape and coastal change is inevitable, and in some cases desirable, the emphasis must be on the appropriateness of this change and the balance or equity between the needs of conservation and those of development. The primary goal must therefore be to respect, maintain and enhance the natural and cultural environment including nature conservation and landscape and coastal quality, and ensure its protection from inappropriate development.' Given the comprehensive nature of the Isle of Man Strategic Plan's Environmental Policies, only a small number of additional Proposals and Recommendations are necessary. In order to produce an implementable Area Plan for the East it is necessary to recognise those statutory desig nations and strategies which whilst having an Island-wide scope are highly relevant to the protection of environments within the Plan Area. An example is the UNESCO Biosphere status afforded to the Isle of Man. Island-level strategies identify crossborder issues and take account of the cumulative impacts of human engagement with nature. Area Plan Objectives i. To protect, conserve and enhance the natural and cultural environment of the plan area and promote biodiversity. ii. To improve the function, usability and provision of our green infrastructure and public spaces by providing a network of green spaces and features which are connected and where possible, accessible to the public. iii. To manage and improve flood risk and improve drainage conditions. iv. To support the working countryside and its custodians in maintaini ng a sustainable rural economy. Area Plan Desired Outcomes i. Where approved, d evelopment will be ecologically sustainable and designed to protect and where possible enhance biodiversity as well as mitigate and adapt to the effects of climate change. ii. The Green Infrastructure network will be established and fostered, connecting people with nature in a way that achieves the best shared outcomes for the urban and natural environment. iii. Statutory and non-statutory designations will continue to provide protection to the most important and most vulnerable cultural assets, habitats and environments in the plan area. iv. Beyond the towns and villages, the area as a whole will retain its landscape setting including its important visual interaction with the central uplands, central valley, coast and marine environment. Natural Environment Proposal 1 The Department supports the protection, creation and improvement of green infrastructure in the East, particularly in those locations which have the potential to be part of a Green Infrastructure Network. Applications for development must take into account any approved Government Green Infrastructure Strategies, but in any case, must identify how development proposals intend to contribute to the long term provision of a network of connected green spaces. UNESCO Biosphere In 2017, the Isle of Man became the first ever entire nation to achieve UNESCO Biosphere status. Project partners pledge to take steps to protect natural resources, develop the economy in a sustainable way and promote outstanding living landscapes. UNESCO Biosphere Reserves are established to connect people and the economy with nature, wildlife, culture, heritage and communities. Biosphere Reserves have three functions: Conservation: to contribute to the conservation of landscapes, ecosystems, species and genetic variation. Development: to foster economic and human development which is socio -culturally and ecologically sustainable. Logistic support: to support demonstration projects, environmental education and training, research and monitoring related to local, regional, national and global issues of conservation and sustainable development. The Isle of Man Biosphere is zoned into six areas . Examples of all of these can be found in the Eastern area: Terrestrial Core areas, Marine Core areas, Terrestrial Buffer zone, Marine Buffer zone, Terrestrial Transition areas and Marine Transition areas. There is some overlap with The Isle of Man's First Biodiversity Strategy 2015-20
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
Policy 3
The proposed forms and external appearance are also not contrary to the requirements of Policies 3 and 4 of Planning Circular 3/91
e Character 'Areas'. The East has 5 of the 9 identifiable landscape 'types' on the Island and 20 of the 59 landscape character 'areas' (see Map 2 'Landscape Assessment Areas' and annotated Map 3 below). Geographically, the coverage of the plan is limited to seven Local Authorities but landscape character and key views do not stop at a Local Authority boundary. There must be an appreciation of our landscape whether looking outwards from the eastern area or towards it. In terms of the Assessment Report, Douglas, Onchan and part of Lonan were identified only as 'Urban' and so not defined by either a landscape Type or Area. Again, the transition from one area to another is unlikely to be rigid but rather a gradual change. This should be noted in any interpretation of the landscape mapping. The findings of the Landscape Character Assessment Report The Landscape Character Assessment, in particular the landscape strategies and key views, have informed a number of proposals that protect specific views and viewpoints. Where there are no specific landscape proposals for an area, the landscape strategies and key views shall be taken to be the policy approach for the area, as set out in Landscape Proposal 1. The strategies and key views concentrate upon the aesthetic nature of 'the view '. The concept of a 'view' is somewhat challenging to identify in a paragraph but the Assessment Report highlights - which has been repeated here - a number of different landscape 'features' that can be identified and distinguished from one area to the next. There is not a statutory right to a view; it is rather a part of the concept of amenity or the charm of an overall setting. It is important therefore that in many places, such views should be recognised and protected from harm. As stated above, w hile each Landscape Character Area identified through the A ssessment Report is valued, some areas require specific proposals due to the particular sensitivity to change and potential harm to their intrinsic landscape qualities that could result from development. Some Landscape Character Areas will have greater capacity to accept new development than others; it may be possible that landscape harm could be mitigated through careful design and landscaping measures. Objectives i. To protect and enhance where possible, the distinctiveness, special features or key views that contribute to the landscape character of identified Landscape Character Areas in the plan area. ii. Ensuring development respects and enhances and causes no adverse effect on, the scenic amenity, landscape features and view corridors of each settlement. iii. To protect landscapes and significant open spaces that contribute to character, identity and sustainable environments. Desired Outcomes i. Sensitive landscape areas are protected so that new development does not detract from their natural quality. ii. Landscape qualities, open space linkages and environmental performance in non -urban areas are improved. iii. The natural landscape is recognised for its ae sthetic value and as a fully functioning system. iv. Key features are protected and enhanced. In order to support these desired outcomes: • All landscapes and locally important views have been identified. • Specific proposals have been made which seek to protect vulnerable views and viewpoints from inappropriate development. • Where proposals support new development sites in this plan, development briefs will require applications for planning approval to provide a landscape assessment where appropriate, showing how the effect of any proposal on the overall landscape setting and appearance has been fully taken into account and how this is mitigated or even integrated into the overall design. An overview of Landscape Character and Appearance in the East The Landscape Character Assessment Report described the landscape character of the East, and this remains a fair description. Starting with the Northern Uplands and the peaks of Slieau Lhean, Slieau Ouyr and Slieau Ruy, these form a ridge separating Maughold and Laxey. Characterised by open moorland and upland streams, the hills then descend towards Laxey Bay, enclosed by the steep, wooded sides of the glen and valley. At Clay Head jagged cliffs lead to a rocky foreshore of Garwick Bay. Gently undulating topography leads through Groudle and Conrhenny towards Onchan, via a dense network of banks, Manx hedges and ditches. The two mile stretch of Douglas Bay dominates the eastern coast and is enclosed by Onchan Head and Douglas Head. The Central Valley stretches from the southern edge of Douglas Bay to St John's, taking in the settlements of Union Mills, Glen Vine and Crosby and forming the Island's indiscernible 'north-south' dividing line. Inland, the valleys of the River Glass and River Dhoo are densely wooded. Further South, the Chibbanagh coniferous plantation just north of Mount Murray is surrounded by gorse and rough grazing, changing to a geometric pattern of fields a
Policy 4
The proposed forms and external appearance are also not contrary to the requirements of Policies 3 and 4 of Planning Circular 3/91
Character and Appearance............................................................... 17 The Natural Environment ................................................................................. 34 The Urban Environment ................................................................................... 48 Transport and Utilities ..................................................................................... 57 Employment ................................................................................................... 71 Town Centres ................................................................................................. 81 Tourism ......................................................................................................... 90 Open Space and Recreation, Education, Health and other Community Facilities .... 95 Residential ................................................................................................... 101 Comprehensive Treatment Areas .................................................................... 127 Appendices Appendix 1 Additional background information on Employment Land 134 Appendix 2 Recommendations set out in the Retail Study 2009 138 Appendix 3 Extracts from the Draft Area Plan for the East 'Household Size and Population Projections Paper DP EP5 (June 2019) An 'Area' approach to Plan making What is an Area Plan? The Cabinet Office has a responsibility, afforded to it by Section 2 of the Town and Country Planning Act 1999, to prepare the Island Development Plan (IDP). The purpose of the IDP is to set out the general 'Policies' in respect of the development and other use of land on the Isle of Man , and also to identify the 'Proposals' which relate to specific places or issues , depending on the particular plan area. The two types of plan prepared and which make up the 'Island Development Plan' are: • a strategic plan, and • one or more area plans. The Isle of Man Strategic Plan 2016 (the Strategic Plan ) was approved by Tynwald on 15th March 2016, coming into operation on 1st April 2016. In hierarchical terms, the strategic plan sits above the area plans in the sense that the proposal in an area plan shall be in general conformity with the strategic plan. The implementation of Policy set out in the Isle of Man Strategic Plan This Area Plan for the East elaborates on the broad policies set out in the Isle of Man Strategic Plan relating them to precise areas of land. The Plan's final form has been shaped by the Report of the Public Inquiry published on 6th December 2019 and the representations received on the proposed Modifications published on 14th February 2020. The Area Plan for the East is made up of a Written Statement (this document) and a series of Maps. The Written Statement contains 'Proposals' which are either site s pecific, relatable to a specific issue in the East or on occasion in the form of a policy statement for a specific area. A number of 'Recommendations' are also included. These are statements of intent where the Cabinet Office has no direct control over i mplementation. They are intended to act as encouragement to other Departments or bodies to work together with the support of Cabinet Office to take action on or to deliver on particular matters or policy statements. How many Area Plans will there be? It is the intention to produce a limited number of Area Plans. There is already an Area Plan for the South which covers Castletown, Port Erin, Port St Mary, Rushen, Arbory, and Malew. The Area Plan for the East will be followed by an Area Plan for the North and West. Current legislation allows an area plan to relate to the whole of the Island or to such part as may be specified therein. It is the aim to produce, in time, a single 'All-Island Area Plan' alongside one Strategic Plan. These Plans would be capable of being reviewed or updated in tandem. The geographical coverage of the area plans thought most likely at the time of the Isle of Man Strategic Plan 2007 1 was identified in the Island Spatial Strategy (Chapter 5) of th at document which was subsequently carried forward to the Isle of Man Strategic Plan 2016. The extent of the Plan boundaries set out in the first iteration of the Strategic Plan, is set out below: Area Plan Coverage Area Plan Local Authority Area Douglas and the East Borough of Douglas, the district of Onchan and the Parishes of Braddan, Garff (Laxey and Lonan Wards only), Marown and Santon The South Parishes of Rushen, Arbory and Malew, Villages of Port Erin and Port St Mary and the town of Castletown Peel and the West Peel, and the Parishes of Patrick, German, and Michael Ramsey and the North Ramsey and the Parishes of Andreas, Ballaugh, Bride, Jurby, Lezayre, and the Maughold Ward of Garff The Area Plan for the East's geographical context 1.4.1. The Area Plan boundary is shown on Map 3 and includes Douglas, Onchan, Braddan, Garff (Laxey and Lonan Wards only), Marown, Santon and Braddan