APL Planning Statement (Part 1 of 7)

Planning Statement

Development of Land at Knock e Tholt, Douglas Road, Kirk Michael

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Isle of Man Business Park, Cooil Road, Braddan, Isle of Man, IM2 2SA

Planning Statement

Development of Land at Knock e Tholt, Douglas Road, Kirk Michael with 7 Dwellings and Associated Drainage and Highway Works

Introduction

1. The site which forms the subject of this planning application is an area of approximately 0.46 hectares on the south eastern side of Kirk Michael village. It is within an area which is allocated for Predominantly Residential use in the extant Development Plan, in this instance in the Kirk Michael Local Plan.
2. The application site is currently occupied by the dwelling Knock e Tholt and its extended garden, along with the extended private gardens of the adjacent dwellings Court Hey, Ty-Hesq and Westlands. The proposed development will involve the removal of the dwelling Knock e Tholt in order to allow the creation of a highway connection to the A3 Douglas Road, with 7 new dwellings to be provided in the extended garden area.
3. Planning approval has previously been sought (in 2011 \& 2012) for residential development schemes within the wider allocated area, albeit with significantly different site boundaries, development areas and dwelling numbers to those now proposed. The most recent application (for 95 dwellings) was refused due to the impact that development on certain parts of the application site would have upon the character of, and views from, the Kirk Michael Conservation Area, and because it was concluded that a new road junction at Douglas Road Corner would prejudice decisions over a possible relief road for Kirk Michael.
4. The scheme now proposed in this application differs significantly from those referred to above, and in particular;

• The much smaller site is neither within nor close to the Conservation Area, and its development will not adversely affect public views out of or into the Conservation Area.
• The development as proposed will not include an initial length of bypass road as previously concluded by an Inspector, nor will it prevent others from providing such at Douglas Road Corner in the future if necessary. This ensures that the scheme will neither influence nor

prejudice future consideration of the need for, or route of, a relief road in this area.

1. The scheme has been designed so as to accord with General Policy 2 of the Isle of Man Strategic Plan, including the requirement for development to respect the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them, and to not adversely affect the amenity of local residents and character of the locality. The scheme is also designed to ensure that, by virtue of the proposed highway arrangement, "it does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan".
2. In addition to this Planning Statement the application includes extensive supporting information in respect of matters such as highways and access, scheme design, and ecology and biodiversity. This information helps to demonstrate that the proposals accord with the provisions of the Development Plan and that therefore planning permission should not be withheld on that basis.

The Site

1. The application site is an area of approximately 0.46 ha on the south eastern side of Kirk Michael village. It is currently occupied by the dwelling Knock e Tholt and its extended residential curtilage - which adjoins the A3 highway and by the extended residential curtilages (rear gardens) of the adjacent dwellings Court Hey, Ty-Hesq and Westlands. The original curtilage boundaries can be seen on the Kirk Michael Local Plan map. The site is enclosed by an existing field boundary hedge to the north and by an area of small trees at the eastern boundary. Also included within the application site boundary are a small section of the A3 highway (so as to allow connection to the existing public foul sewer) and a section of the boundary hedge for the adjacent dwelling Greystones (to meet visibility requirements for users of the proposed new highway junction).

Planning Policy Context

1. The planning policy context for the application is principally set out in the Isle of Man Strategic Plan (IoMSP) and in the Kirk Michael Local Plan. Supplementary planning guidance (some of which is in draft form) is available in respect of issues such as residential design, trees and highway matters.

1. The Isle of Man Strategic Plan; the Isle of Man Strategic Plan was first adopted by the Department in June 2007 and approved by Tynwald the following month, and is intended to provide "the strategic and general policy framework within which provision will be made for development and conservation needs for the period 2001-2016". Together with Area Plans the loMSP forms a Development Plan as required by the 1999 Town and Country Planning Act. It is explained in the loMSP that existing Local Plans will remain in effect until they are replaced by new Area Plans, and that the 1982 Development Plan, as amended by the various Local Plans, will have effect as an Area Plan. It is also made clear in the Plan that "in the case of any inconsistency between the provisions of the Strategic Plan and the provisions of an Area Plan, whichever came into force later will prevail". The Isle of Man Strategic Plan 2016, which contains updated population statistics and housing policies for the period 2011 to 2026, was approved by Tynwald in March 2016.

1. Amongst other things the Strategic Objectives of the Plan (pages 11-12) seek to promote efficiency and economy in the protection, use, and re-use of resources, and they indicate that most new development should be guided towards existing settlements in order to make "the optimum use of existing and planned infrastructure and services". They also seek to protect, maintain and enhance the built and rural environment, to encourage high quality development throughout the Island, and to ensure that new development relates well to public transport facilities. The Plan also includes Strategic Objectives which state that the housing needs of the community should be met by the provision of sufficient housing of an acceptable standard and of an appropriate nature and in appropriate locations, and that high standards of residential amenity in new development and a physically safe environment will be promoted.

1. The Strategic Policies which flow from these objectives (pages 14-19) emphasize the need to make the best use of resources by "optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials", by "ensuring efficient use of sites, taking into account the needs for access, landscaping, open space, and amenity standards" and "being located so as to utilise existing and planned infrastructure, facilities and services". New development will be located primarily within existing settlements or within

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Planning Statement

sustainable urban extensions (as opposed to the countryside), and should be designed so as not to detract from the character of towns and villages. New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island and in appropriate cases the Department will require planning applications to be supported by a design statement. It is also stated that new development should be located and designed so as to promote a more integrated transport network.

1. The IoMSP includes an Island Spatial Strategy (ISS, pages 20-29) which is intended to guide the physical development of the Island up to 2016. The Island is divided into North, South, East and West regions and the ISS seeks to "promote a balanced and equitable pattern of sustainable development across the Island". It is estimated that in order to meet the housing needs of the Island over the plan period provision will have to be made for the development of 5,100 additional dwellings, and the Plan indicates that the Island's western region - which is comprised of Peel, Patrick, German and Michael - will accommodate 770 of those dwellings. The most recent Residential Land Availability report (Update 11, published July 2019) indicates that the number of units required to meet housing need in the west for the current Plan period (2011-2026) stands at 183. Kirk Michael is identified in Spatial Policy 3 (page 26) as a Service Village, where "housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing".

1. Chapter 6 of the Plan is entitled General Development Considerations, and it is made clear in the introduction that 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". The Plan will therefore provide the basis upon which development control decisions are made during this period, with General Policy 1 (page 32) confirming that the determination of such shall have regard to the provisions of the Development Plan and all other material considerations. General Policy 2 of the Plan (pages 32-33) identifies broad standards of development to be taken into account if proposals are to be permitted, which include criteria in respect of building siting, layout, form and appearance, impact upon landscape or townscape, amenity standards for residents, highway safety and traffic flows, and parking space provision. Transport Policy 7 (page 101)

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Planning Statement

requires parking provision in all new development to meet the Department's standards, which is shown at Appendix 7 of the loMSP (page 139) to be 2 spaces per unit for typical residential and terrace development. General Policy 3 (page 33) indicates that development will not be permitted outside of areas which are zoned for development unless it accords with one of the listed exceptions.

1. Environment Policy 1 (page 38) states that the countryside, which does not include land which is designated for future development on an Area Plan, will be protected for its own sake. Subsequent policies in respect of the Rural Environment seek to ensure that development will not have an adverse effect upon landscape character, woodland, areas of ecological interest, watercourses, the coastal environment, areas affected by erosion or flooding, or important agricultural land. Environment Policy 24 (page 51) and Appendix 5 of the Plan set out guidance in respect of Environmental Impact Assessment. The Built Environment Policies of the Plan refer to matters such as Conservation Areas and archaeology, whilst Environment Policy 42 (page 58) requires the design of new development in existing settlements to take account of "the particular character and identity, in terms of buildings and landscape features, of the immediate locality".

1. Housing Policy 1 (page 67) states that provision will be made for up to 5,100 additional dwellings over the period of the Plan, which will be subject to a "Plan, Monitor and Manage" approach by the Department. Housing Policy 2 (page 67) states that the Department will seek to ensure an adequate supply of housing land, and goes on to suggest that designated land which is not made available for development could be placed in a land-bank and alternative land allocated for development in its place. Housing Policy 3 (page 69) confirms the distribution of dwellings suggested by the ISS, and Housing Policy 4 (page 69) states that housing should primarily be located within existing settlements or within sustainable urban extensions. Housing Policy 5 (page 70) indicates that the Department, when granting planning permission on land which is zoned for residential development or in predominantly residential areas, will normally require that 25% of new dwellings on sites of 8 or more units will be affordable. The supporting text outlines the factors to which the Department will have regard when assessing the appropriate percentage in each instance.

1. Recreation Policy 3 (page 91) states that, where appropriate, new development should incorporate landscaped amenity areas into the design and that new residential schemes of ten or more dwellings must make provision for recreation and amenity space in accordance with the standards specified at Appendix 6 of the Plan. The Plan makes it clear that the general standards of space provision set down for new residential development will be applied having regard to criteria such as the size, type and particular needs of the resident population, the needs of visitors to the area and the proximity and availability of existing Open Space, including the foreshore, public glens and parks.
2. Appendix 6 of the Plan (pages 132-136) provides guidance in respect of open space requirements for new residential development and confirms that the exact open space requirement will depend upon the individual circumstances and nature of each planning application. It goes on to differentiate between "open space" and "outdoor playing space", confirming that the latter may include sports and recreation facilities that are designed to serve the needs of either the general public or the members of a private organisation. It may also include formal or informal areas which are designed for children's play, but excludes areas such as woodlands and golf courses. The Plan sets the overall open space standard at 32 sq.m for each new resident, which is broken down further into 18 sq.m of formal space such as sports pitches, 6 sq.m of children's play space and 8 sq.m of amenity space. It also sets the assumed occupancy levels for new dwellings, and explains that where possible open space should be provided in the first instance on-site or off-site where this would improve the quality of the development and the open space provided. Where these options are not practical then commuted sums will be considered.
3. Transport Policies 1 and 2 (pages 99 \& 100) require new development to be located, where possible, close to existing public transport facilities and routes, including pedestrian, cycle and rail routes, and where appropriate to make provision for new routes including links into existing systems. Transport Policy 4 of the Plan (page 100) seeks to ensure that new and existing highways are capable of safely accommodating the vehicle and pedestrian journeys created by development, Transport Policy 7 refers to parking standards (see above) whilst Transport Policy 8 (page 102) requires all applications for major development to be accompanied by a Transport Assessment. The Plan

recognises that development will be required in areas not yet connected to IRIS, and that interim drainage measures such as individual treatment works may be appropriate. Infrastructure Policy 1 (page 105) states that development shall only take place in areas that will ultimately be connected to IRIS, whilst Infrastructure Policy 2 (page 105) states that interim drainage arrangements for development in areas awaiting connection to IRIS shall be submitted to and approved by the Department. Energy Policy 5 (page 113) requires proposals for more than 5 dwellings to be accompanied by an Energy Impact Assessment¹.

1. The Kirk Michael Local Plan; the extant Isle of Man Planning Scheme (Kirk Michael Local Plan) Order 1994 - the Local Plan Map - shows the site to be entirely within an area which is designated for Predominantly Residential use (with a drainage connection to be made within the public highway). The Written Statement which accompanies the Local Plan Order (LPWS) contains a number of policies and references which are relevant to the development now being proposed.
2. The application site is entirely within an area which is identified at paragraph 5.1 (v) of the LPWS as being previously allocated for residential development. Paragraph 5.7 goes on to describe it as "the most significant development area" and states that any development should take into account the possibility of a by-pass route, with no "estate road access" to be permitted to the bypass.
3. Policy 5.9 of the LPWS states that "no further areas should be allocated for residential development", and that the maximum number of dwellings to be served by the Slieau Curn estate road must be determined in consultation with the Highway Authority. Policy 5.10 indicates the need for "appropriate areas of open space" to be incorporated into residential proposals, whilst Policy 5.12 refers to the provision of first time buyer housing and sheltered/semi-sheltered housing within future residential development. Policy 5.13 states that any area allocated for residential development may have its designation reconsidered if after the end of "the five year life of this document" it has not been the subject of a detailed planning approval. Policy 5.14 confirms that any residential development to the east of the built environment

[^0] [^0]: ${ }^{1}$ An Energy Impact Assessment/Statement is attached at Appendix 1

"should pay regard to the suggestion of a by-pass", and the feasibility and desirability of such should be examined further by the Highway Authority.

1. Policy 7.7 of the LPWS indicates that the average parking standard of 1.5 spaces is increased to 2 spaces per dwelling, with the layout of the area determining whether spaces are required to be behind the building line. The LPWS also recommends at paragraph 11.4 that consideration be given to "providing pedestrian/vehicle segregation" when developing land on the eastern side of the Main Road, and at paragraph 11.5 it recommends that the anticipated increase in residential development should be taken into account when assessing the capacity requirements of Kirk Michael Primary School.

Planning History

1. There would not appear to be any record of planning consent being sought for the creation of the extended residential curtilages which form part of the application site. As stated above they are not shown on the Kirk Michael Local Plan map from 1994, but they can be seen on aerial photography dating from 2006 (on Google Earth) and as such have been established for some time.
2. Planning approval has previously been sought for two residential development schemes which involved land within the current application site, albeit as part of much larger schemes with significantly different site boundaries, development areas and scheme layouts to those now being proposed. PA 11/01250/B sought planning approval for a scheme of 100 dwellings with associated highway and drainage infrastructure, new school field and playground, public open space and landscaping and was considered at Inquiry in December 2011. In February 2012 the application was refused by the Council of Ministers in accordance with the recommendation of the Independent Inspector.
3. A revised scheme (PA 12/00573/B) which proposed a scheme of 95 dwellings with associated infrastructure was considered at Inquiry in December 2012, and in January 2013 it was refused by the Council of Ministers in accordance with the recommendation of the Independent Inspector.

The Proposed Development

1. This application seeks detailed planning approval for a residential development scheme of 7 dwellings, along with associated highway and drainage infrastructure and landscaping. It is proposed to remove the existing dwelling Knock e Tholt in order to allow the creation of a highway connection to the A3 Douglas Road, with the new dwellings to be provided in the area to the east which is currently used as extended residential gardens.
2. Previous planning applications relating to the wider allocated area (see above) identified a number of key issues to be considered, and whilst this new proposal differs significantly from those schemes (most obviously in terms of site size, site context and scale of development) some of those key issues remain relevant and provide a helpful basis for assessment of the new proposals. These include;

• the principle of developing the site for residential use
• the need for new dwellings
• the layout and design of the development
• the effect of the development on the Kirk Michael Conservation Area
• the proposed new highway junction with Douglas Road, and
• the future possibility of a Kirk Michael relief road.

1. The principle of developing the site for residential use; the proposed development, with the exception of an underground drainage connection within the public highway, is located entirely within an area which is allocated for Predominantly Residential use in the Local Plan. This remains the case regardless of whether the established garden use of much of the site benefits from planning consent. The existing dwelling Knock e Tholt is a single storey bungalow of no particular architectural interest, and the principle of redevelopment as proposed is acceptable.
2. The need for new dwellings; the loMSP 2017 provides housing need figures for the period 2011-2026 and indicates that provision should be made for 5100 dwellings Island-wide, with a distribution figure of 770 allocated to the West. The most recent Residential Land Availability report (Update 11,

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published July 2019) indicates that the number of units required to meet the overall housing need figure stands at 2657, with 183 of those in the West. It also indicates that the number of residential approvals in the Parish of Michael since 2011 stands at just 17. The 6 additional dwellings (net) proposed in this application will not compromise loMSP housing objectives for either the West or the Island overall.

1. Housing Policy 5 of the loMSP indicates that the Department, when granting planning permission on land which is zoned for residential development or in predominantly residential areas, will normally require that 25% of new dwellings on sites of 8 or more units will be affordable. A scheme of 6 additional dwellings as proposed in this application does not meet the HP5 threshold and as such an affordable housing contribution is not required.

1. Layout & design; General Policy 2 of the loMSP identifies a number of broad standards and considerations which should be taken into account in the design of new development. The Inspector for PA 12/00573/B assessed the layout and design of that scheme against the relevant criteria of GP2, which provides a helpful context for the assessment of the new proposals.

1. Criterion (b) - The development should respect the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them. The Inspector noted that there is no over-riding uniformity in the size, age, style or layout of dwellings in Kirk Michael, with the mixture of traditional cottages, 1960s bungalows and modern 2-storey houses all contributing to the village's character. The dwellings proposed in that instance were single-storey and 2-storey with a traditional "feel", which included rendered external walls. The Inspector also noted that the "shared surface" roads within the development would be "uncharacteristic for Kirk Michael" but concluded that they would not be visually disruptive, and that the proposed landscaping would be typical of landscaping elsewhere in the village.

1. The Department has subsequently published a Residential Design Guidance document (July 2019) which is not intended to supersede the relevant policies of the loMSP but rather set out "how the Department will interpret and apply the Development Plan policies in relation to residential design". The design of the scheme proposed in this application takes into account the provisions of

GP2 and the supplementary guidance, and further detail in this respect is provided in the submitted Design Statement.

1. Criterion (c) - The development should not affect adversely the character of the surrounding landscape or townscape. The Inspector addressed this point in more detail when considering the development's impact on the Kirk Michael Conservation Area, but nonetheless noted that "many of the proposed dwellings and roadways would be secluded from public view because of their position behind existing buildings" and that will be the case in this instance. The replacement of an existing dwelling with a residential access road will obviously result in visual change but it will not in itself be an unusual feature for the village and will not adversely affect its character.
2. Criterion (f) - The development should incorporate where possible existing topography and landscape features, particularly trees and sod banks. The Inspector noted that the proposed development would incorporate the gradual rise in ground levels from the north to the south of the site, and that young trees growing in the copse at the southern end of the site would be transplanted throughout the site. Although it was reported that the removal of three sections of sod bank amounting to about 300 m would be less satisfactory given their prominence as landscape features, it was not considered to be a concern of sufficient weight to justify refusal of the application.
3. The scheme as proposed in the new application seeks to retain the existing sod bank/hedge to the north, and to create new hedging at the southern site boundaries (the low roadside bank at Knock e Tholt will be replaced by the new road junction). The development will result in the removal of a small number of garden trees, the majority of which are in poor condition as indicated in the tree report which accompanies the application. New tree planting will be undertaken in accordance with the submitted landscaping plan. The application is also accompanied by a Bat Report and by a Preliminary Ecological Assessment, which consider the application site along with the wider allocated area.
4. Criterion (g) - The development should not affect adversely the amenity of local residents or the character of the locality. The Inspector considered the relationships between existing and proposed dwellings and noted that they did not contravene any rule of thumb operated by the Department. Whilst it