Planning Officer Policy Assessment

• (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." 31. Strategic Policy 5 states: "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." 32. Strategic Policy 10 states: "New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement." 33. Strategic Policy 11: "The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 6000 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2001 to 2016." 34. Kirk Michael is identified as an established settlement and identified as a Service Village within the Isle of Man Strategic Plan 2007. Spatial Policy 5 states: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3." 35. The overriding planning policy for considering development with land-use zones is set out by General Policy 2, which states: "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." 36. Where development is acceptable but raises issues that cannot be addressed by the imposition of planning conditions a legal agreement can be concluded between the Department and developer under Section 13 of the Town and Country Planning Act 1999. General Policy 4 refers to this provision and states: "Where appropriate the Department will enter into Agreements under section 13 of the 1999 Town and Country Planning Act which may: (a) restrict the use of land; (b) require land to be used in a particular way; (c) restrict the operations which may be carried out in, on, under or over land; (d) require operations or activities to be carried out in, on, under or over land or; (e) require payments to be made to the Department either in a single sum or periodically, in particular as commuted sums for open space or parking provision, or other social or cultural provision, including public art, which is necessary and directly associated with the development proposed." 37. Given that the applications site includes trees and a small area of woodland it is appropriate to consider the provisions of Environment Policy 3, which states: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value." 38. As the application site is part within and part adjacent to Kirk Michael Conservation Area it is appropriate to consider the provisions of Environment Policy 35 and 36. Environment Policy 35 states: "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." 39. Environment Policy 36 states: "Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area." 40. The need to consider the character and appearance of new development within existing settlements is set out within the provisions of Environment Policy 42, which states: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans." 41. Chapter 8 of the Isle of Man Strategic Plan 2007 discusses residential development and sets out a number of specific housing policies. 42. Housing Policy 1 states: "The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 6000 additional dwellings (net of demolitions), and Including those created by conversion, to be built over the Plan period 2001 to 2016." 43. Housing Policy 2 states: "The Department will seek to ensure an adequate supply of housing land, based on the level of provision indicated in Housing Policies 1 and 3. The Department will keep under review land that is allocated for residential development in existing Local Plans and in the Area Plans to ensure that the land is available for development, to enable the number of dwellings to be built that are set out in Housing Policy 1. Where it appears to the Department that land that is allocated for development in a Local Plan or an Area Plan is not available for development, then it will consider, through a review of the Area Plan, making alternative land available and retaining the unavailable land in a land-bank for possible future development. In doing so, the Department will have regard to any phasing proposals for the development of land that are identified in the Area Plan." ### 44. Housing Policy 3 states: "The overall housing provision will be distributed as follows: ### 45. Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14." {{table:326663}} 46. Housing Policy 5 states: "In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more." The provision of affordable housing is normally dealt with by legal agreement under Section 13 of the Town and Country Planning Act 1999. The applicant and the Department of Social Care (Housing Division) have been advised to discuss this issue prior to the opening of the public inquiry, with either a draft agreement or appropriate heads of terms document being made available to the appointed person. 47. Housing Policy 6 states: "Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive." Paragraph 6.2 refers back to General Policy 2. 48. Chapter 10 of the Isle of Man Strategic Plan 2007 discusses sport, recreation, open space and community facilities. It contains a number of policies that are considered specifically material to the assessment of the planning application. 49. Recreation Policy 2 states: "Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances: (a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and (b) where there would be an overall community gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area." 50. Recreation Policy 3 states: "Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan." 51. Recreation Policy 4 states: "Open Space must be provided on site or conveniently close to the development which it is intended to serve, and should be easily accessible by foot and public transport." 52. The standards for assessing open space requirements for new residential development are set out at Appendix 6 of the Isle of Man Strategic Plan 2007. 53. Community Policy 1 states: "Where relevant and appropriate, there should be provided by the developer of new or expanded residential areas, community benefits in the form of neighbourhood centres." 54. Community Policy 5 states: "Permission will generally be given for proposals to improve or extend existing schools and institutions of higher education and to build new schools, subject to their being sited and designed in accordance with the other policies of this plan, having particular regard to the potential for community use of the buildings and the associated Open Space." 55. Chapter 11 of the Isle of Man Strategic Plan 2007 deals with transport, infrastructure and utilities. It contains a number of policies that are considered specifically material to the assessment of the planning application. 56. Transport Policy 1 states: "New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes." 57. Transport Policy 2 states: "The layout of development should, where appropriate, make provision for new bus, pedestrian and cycle routes, including linking into existing systems." 58. Transport Policy 4 states: "The new and existing highways which serve any new 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." 59. Transport Policy 5 states: "Any improvements to the Island's highway network, including the provision of new roads, footpaths, and cycle routes, should be undertaken in accordance with the environmental objectives of this plan." 60. Transport Policy 6 states: "In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users." 61. Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." Car parking standards are set out at Appendix 7 of the Isle of Man Strategic Plan 2007. 62. Transport Policy 8 states: "The Department will require all applications for major development to be accompanied by a Transport Assessment." 63. Chapter 12 of the Isle of Man Strategic Plan 2007 deals with mineral, energy and waste. In terms of relevance to the planning application Energy Policy 5 states: "The Department will prepare a Planning Policy Statement on Energy Efficiency. Pending the preparation and adoption of that PPS the Department will require proposals for more than 5 dwellings or 100 square metres of other development to be accompanied be an Energy Impact Assessment." This statement has been prepared by Mr A Holmes BA(Hons) DipTP(UC) MRTPI on behalf of the Planning and Control Division (Department of Infrastructure). Date: ________________________________