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PLANNING REPORT AND RECOMMENDATIONS 14/00139/A Marown Parish Commissioners Approval in principle for erection of a multi-purpose shop Field 320977 Ballawilleykilley Main Road Crosby Isle Of Man Application No. : Applicant: Proposal : Site Address: Miss S E Corlett Case Officer: Photo Taken : Site Visit: Expected Decision Level: Planning Committee Officer's Report THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE SCALE AND NATURE OF THE PROPOSAL AND IT IS CONTRARY TO THE LAND USE DESIGNATION OF THE SITE THE SITE 1.1 The site is a portion of the farmholding of Ballawllleykiliey. The site lies at the south western edge of the site and abuts the A1 TT Course. The site has a frontage onto the A1 of 86m and extends back into the field by 53m. The roadside boundary is formed by a Manx hedge with various trees (mainly sycamore and ash) and ivy growing up from this forming a relatively dense treatment. There is an existing access into the field from the A1 set at an angle facing towards Douglas. Alongside the south eastern boundary of the site is the curtilage of a residential property, Meadow View. 1.2 St. Runius' Church (Marown Parish Church) sits opposite the site on the south western side of the A1 along with a private dwelling, Gatesgarth which has its vehicular access opposite the site and alongside this is a lane which leads from the A1 to the Heritage Trail, the former railway line and long distance footpath between Douglas and Peel. THE PROPOSAL 2.1 Proposed is the principle of the development of a shop on the site together with aiterations to the existing access and the provision of car parking. The application includes plans which demonstrate how the access could be provided, how this would affect existing trees, where the building could be located and car parking. 28 spaces are shown but it should be noted that these fall short of the minimal sizes for this type of car parking arrangement - 2,4m by 4.8m with 6m separating the front of each space from that directly opposite. The plans are, however, illustrative and there is space for these car parking spaces and manoeuvring area to be increased without affecting the area of the site. The building shown has a footprint of just over 30m by 12.5m (Strang Stores by comparison is 7m by 6m retail floor area and Union Mills Spar shop is 10m by 17m maximum measurement). 14/00139/A Page 1 of 9 8 April 2014

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2.2 The applicant has provided supporting information which indicates that the parish has an increasing population of 2,311 which rose by over 10% over the preceding 5 years and the population has a higher proportion of children than the national population and the amount of retired people is in line with the national figure. The greatest concentration of population in the parish is in Glen Vine and Crosby which have between them many opportunities for employment and business and many recreational opportunities but no facilities for buying groceries, newspapers. The closest such opportunity is in Union Mills or St. John's both of which will involve a private car journey. 2.3 The applicants suggest that the closure of the post office in Crosby related to its location in Crosby (too far from Glen Vine) as well as a lack of car parking and safe pedestrian access. They refer to the proposed shop within the Ballagarey housing development (see later). The Commissioners consider the ongoing lack of a shop and absence of any plans for it to be poor planning for their community. They set about establishing a committee to identify a suitable location for such a shop with the following criteria: accessible to both Crosby and Glen Vine, within 1km (10 - ISmins walk) of the core of the population, on the Main Road to attract passing traffic, on the northern side of Main Road to utilise the existing footway and where there would be sufficient space for car parking and safe access and egress. They advise that very few sites came close to satisfying these requirements, the application site meeting them all. They then made an approach to the land owner to see if the site could become available for these purposes. 2.4 They have sought the views of their parishioners and the comments received were "almost unanimously supportive". PLANNING STATUS AND POLICY 3.1 The site is within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as Open Space of High Landscape Value and Scenic Significance. 3.2 As such. Strategic Plan Environment Policies 1 and 2 are applicable in this case: Environment Policy 1: "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." Environment Policy 2 which states: "The present system of landscape classification of Areas of High Landscape of Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce difference categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that; a) the development would not harm the character and quality of the landscape; or b) the location for the development is essential." 3.3 Also, whilst there is a presumption against development in such areas, there are exceptions which are set out in General Policy 3 which states; "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: 8 April 2014 14/00139/A Page 2 of 9

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a) essential housing for agricultural workers who have to live close to their place of work (Housing Policies 7, 8, 9 and 10) b) conversion of redundant rural buildings which are of architectural, historical, or soda! value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment d) the replacement of existing rural dwellings (Housing Policies 12, 13 and 14) e) location-dependant development in connection with the working of minerals or the provision of necessary services; f) building and engineering operations which are essential for the conduct of agriculture or forestry g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative and h) buildings or works required for interpretation of the countryside, its wildlife or heritage". 3.4 The Strategic Plan contains guidance on community facilities as follows: Community Policy 1: "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." Community Policy 2: "New community facilities should be located to serve the local population and be accessible to non-car users, and should where possible re-use existing vacant or underused buildings." Community Policy 3: "Development (including the change of use of existing premises) which results in the loss of a local community facilities (other than shops and public houses) will only be permitted if it can be demonstrated that it is no longer practical or desirable to use the facility for its existing use or another use likely to benefit the local community." 3.5 The Strategic Objectives set out in the Strategic Plan include the following: 3.2 c) to guide most new development to existing settlements, thus making the optimum use of existing and planned Infrastructure and services 3.2 e) to embrace the principles of sustainable development i.e development that meets the needs of the present without compromising the ability of future generations to meet their own needs, 3.2 0 1^0 reduce the need for travel, especially by private car and to make the best use of existing infrastructure including existing and former railway routes, 3.3 d) to protect the individual character and identity of settlements, and to identify and protect those green spaces in built areas which contribute positively to public amenity 3.3 e) to prevent the extension of settlements beyond boundaries that will be defined in the Area Plans and to prevent the merging of settlements 3.5 c) to encourage development which would result in a more integrated transport network. 3.6 Strategic Policy 2: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only In the exceptional circumstances identified in paragraph 6.3". 3.7 Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (a) avoiding coalescence and maintaining adequate physical separation between settlements; and Page 3 of 9 14/00139/A 8 April 2014

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(b) having regard in the design of new development to the use of local materials and character. 3.8 Strategic Policy 9: All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) and all new office development (excepting corporate headquarters suitable for a business park(l) location) must be sited within the town and village centres on land zoned for these purposes in Area Plans, whilst taking into consideration Business Policies 7 and 8. 3.9 Energy Policy 2 states: "Land within 9m either side of an overhead High Tension power cable will be safeguarded from development." PLANNING HISTORY 4.1 There are no planning applications which have been submitted in respect of this site. 4.2 When the land at Ballagarey was approved for development, there was provision in the original layout for the provision of a shop (PA 96/01961). This was approved on appeal, However, four years later approval was granted for the residential development of this area, on the basis that there had been no interest expressed in a shop on the site and the inspector concluded that it was not surprising that no interest had been expressed on the basis of the limited catchment area for customers and that customers would not divert from Peel Road (PA 01/00410). REPRESENTATIONS 5.1 There are views from the following addresses, all of whom object to the application on the basis that the proposal will result in traffic congestion and obstruction as vehicles using the road conflict with vehicles parked and coming in and out in association with the church and private accesses onto the main road, as well as using the proposed shop and that this will be particularly difficult in practice and race periods for the TT and Manx Grand Prix. Concern is also expressed about alleged deficiencies in the application regarding trees and visibility splays. 5.2 Concern is also expressed about unsafe pedestrian access and the size of the site relative to the proposal use. Some residents question whether the majority of the population do support this proposal and whether siting it between the two settlements will actually mean that it is convenient to neither. Concern is expressed about the introduction of further hard surfacing on the site and the impact on drainage which this will have as there are already issues of excess surface water flowing onto the southern side of the road, Finally, concern is expressed that this is a green space which separates the two settlements of Glen Vine and Crosby and the operation of the shop couid potentially cause noise and nuisance to dwellings in the vicinity. Marown Manor (2 separate submissions) Marown Hall Twisted Chimneys Gatesgarth Meadow View ^ Brook Cottage. All the above properties are on Main Road relatively close to the site. 1, Glen Vine Drive (around 120m from the site) V Kelway, Glenlough Circle (over 800m from the site) p 98, Ballagarey Road (600m from the site) • Garey Beg, Greeba Avenue (around 500m from the site) 94, Ballagarey Road (around 600m from the site) Eyreton Lea (500m from the site) Ballavitchel House (around 1,500m from the site) 8 April 2014 i4/00139/A Page 4 of 9

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5.2 The Vicar of Marown, Foxdale and Baldwin expresses concern about potential traffic conflicts with church use. They also add that they are looking for additional land on which to create new burial spaces and if planning permission is granted for the shop, perhaps additional land could be set aside for such purposes. A further representation submitted by a legal firm on behalf of the Marown Burial Authority indicate that they have no objection to the application but advise that they are likely to be adversely affected by noise, dust and smell and traffic and also advise that they have been instructed to act on the Burial Authority's behalf in respect of compulsory purchase of land which forms part of this application. 5.3 A resident of the following property has written in supporting the application on the basis that it is much needed; 1, Kermode Close. Two further e-mails of support were forwarded to the Planning Officer through the Commissioners but which had been sent directly to the Commissioners and not to the Planning Office. Such submissions, from the residents of 30, Reayrt ny Crink and 1, Richmond Terrace, will as such have significantly less weight than those submitted directly to the Planning Office in response to the advertised application. 5.4 A resident of Douglas objects to the application as It would be ribbon development and contrary to Environment Policy 1 of the Strategic Plan. 5.5 Department of Infrastructure Highway Services indicate that they do not oppose the application subject to the provision of visibility splays of 2.4m by 90m in each direction at a height of 1.05m and that car parking should be provided at a ratio of one space per 15 sq m of gross floor area with sufficient space for vehicular turning and the access must be constructed before any other part of the development. They advise that a traffic regulation order will be required to restrict parking on the opposite side of the road to ensure that access is not restricted and an agreement under Section 109a of the Highway Act is required prior to any works being undertaken within the highway. They have clarified that the physical length of the restriction will be around 20m, 5.6 Manx Utilities Authority (Electricity) make comments about existing supplies, some of which are overhead as well as comments about the provision of electricity supplies to the development. The former are material planning considerations, the latter are not. ASSESSMENT 6.1 The site is not designated for development. As such the relevant considerations are whether there is sufficient justification to set aside this land use designation and in doing so, whether the development could be satisfactorily accommodated in terms of the visual impact of the building, the car park and the access, whether a safe access could be provided and whether this would have any impact on those in nearby property including the church and whether the operation of the business would have an adverse impact on those close to the site. 6.2 The fact that the Commissioners have considered the needs of the parish is commendable and whilst there has been some criticism of the Commissioners acting as the applicant when they are unlikely to operate the shop, it was considered by the planning officer that as the impetus for the shop was coming from the Commissioners it was more appropriate for them to be the applicant rather than either the land owner, who would be unlikely to be the final tenant and operator of the shop, or indeed the potential operator who may well not yet have been Identified. The Commissioners have undertaken the background research and have identified the need for the facility so it is considered entirely appropriate that the local authority is the applicant in this case. Page 5 of 9 14/00139/A 8 April 2014

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6.3 The Commissioners dearly consider that there is a need for a local shop for the parish and indeed there was previously a shop in Crosby on the Main Road but as they have suggested this was not only very modest in scale and thus the range of goods it could sell, but also had poor pedestrian access, little or no car parking and was on the southern side of the road, contrary to the location of the majority of the population of Crosby and Glen Vine. 6.4 A shop was identified as being required as part of the Ballagarey residential development and indeed land was set aside for this purpose. However, it was considered later on that there was insufficient need or support for a shop to continue to set this land aside for these purposes and permission was granted for the development of the land for residential use, the inspector noting that "the commercial reality today is that such development will not take place, I am satisfied that the appellants have sought to find a potential retailer. In my view, it is not surprising that they have failed, A retail unit on this land would serve only a very limited and local catchment area. It would not divert traffic from the Peel Road and would not, in my view, be a viable option". 6.5 It is therefore logical that the Commissioners have elected to pursue a location which would be able to benefit from passing trade as well as serving the local residents and indeed the application site satisfies this requirement. It also has sufficient space to be able to provide adequate car parking and manoeuvring space. It is also relevant that the Department of Infrastructure Highway Services has advised that the site can be satisfactorily accessed and that the drawings submitted indicate that this can be done whilst retaining all but a few trees. It is also possible that additional planting could be undertaken to increase the screening effect from the Main Road and also to reinforce the boundary between the shop and the nearest house. Meadow View. 6.6 The site is located equidistant from both settlements thus potentially benefiting from trade from both communities, as well as from passing motorists. As such, there is a significant argument that the siting is appropriate from this point of view. However, the evidence provided from the responses gathered would seem to indicate that there is a dear lack of support for the facility, whether this be because of the siting or simply because the population do not think it is something which the settlements need. Whilst it is fully accepted that in the Commissioners preliminary investigations there was support indicated, this has not translated into support for this application. As such, some doubt has to be cast upon the benefit to the local community from such a facility. Whilst it is understandable that those close to the site may be concerned about the direct impacts of a shop here, there are other concerns expressed from those who would not be directly affected about the impact and whether or not it would actually be used by residents of Crosby and Glen Vine. 6.7 There is an important impact to consider here both in terms of the principle of development on land which is not designated for development, but also the principle of the development of the open space which separates Crosby from Glen Vine on this northern side of the road. This concern is given further weight by the submissions from Marown Burial Authority who indicate that not only are they interested in acquiring further land for burial purposes, but they have gone as far as instructing legal representation in respect of compulsory purchasing some of the field of which the application site is part. As such, the worry about precedent established for further development of this space as a result of an approval of this application is very real. 6.8 Whilst the application is in principle, the footprint of the building shown is considerably larger than that found at Union Mills and, as such, considered to be larger than what may be expected for a community or neighbourhood shop, If economic viability is likely to be an issue then the larger the shop, the greater the likelihood of the operation not being economically viable and potentially leading to the building becoming redundant. 8 April 2014 Page 6 of 9 14/00139/A

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6.9 In conclusion, the Commissioners should be applauded for trying to provide for their population and in terms of location there is a logic to this site which is understandable. However, there is a clear lack of support from the local community for this facility which calls into doubt the local benefit of the facility, which would be the oniy justification for setting aside the land use designation. As such, the application cannot be supported. It is, perhaps something which an Area Plan would look into and would involve local consultation and debate, and the consideration of other identified sites although the preparation of this Area Plan is some time away. It is likely that this part of the Island would be part of the Area Plan for the East, which is the next in line for preparation but which has yet to be commenced. As such, it is likely to be several years before a firm stance on a shop for Marown wouid be established. 6.10 There have been objections raised in terms of the safety of the access and the impact on nearby properties and in these respects it is considered that the proposal could be acceptable. It would be possible to create a safe means of access without the removal of too many trees and as the access exists, there could be a case for improving the visibility from this access anyway as it exits onto a primary road which is one of the Island's busiest. The highway authority has indicated that whilst controls on parking on the other side of the road may be required, this is not likely to significantly interfere with the operation of the church. Also, it is possible for the development to include the introduction of tree and shrub planting and the positioning of the car park and building such that the amenities of those in Meadow View were not compromised. As such, these are not considered to be reasons for refusal. Also, whilst the drawings indicate a shop which is larger than the typical neighbourhood shop found in Union Mills, it is considered that this concern could be dealt with by way of condition. 6.11 If the application is approved, consideration should be given to the following conditions: 1, Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced. 2. The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission 3. The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later. 4. This approval relates to the principle of the creation of an improved access and the development of a shop and car park as shown generally in plans 01 and 2 received on 4th February, 2014. 5. The application for the reserved matters must include tree and shrub planting and the position of the car parking and the shop such that the amenities of those in adjacent property are not adversely affected as well as reinforcement planting to help screen the development from the main road. 6. No other development may commence on site until such times as the access has been created including the visibility splays of 2.4m by 90m at a height of 1.05m above ground level. 7. The application for reserved matters must include provision for dealing with any overhead high tension electricity supplies, from which all development must be at least 9m in accordance with Energy Policy 2 of the Strategic Plan. 8. The application for the reserved matters must demonstrate that the size of the proposed shop is commensurate with its function as a community or neighbourhood shop and where the Page 7 of 9 8 April 2014 14/00139/A

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area of the shop is significantly larger than this, justification must be provided as part of the application to indicate why this should be considered to be acceptable. PARTY STATUS 7.1 The local authority, Marown Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status. 7.2 The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d. 7.3 The following residents are sufficiently close to the development to be directly affected by the development or its associated traffic or access and as such should be afforded party status in this case: Marown Manor (2 separate submissions) Marown Hall Twisted Chimneys Gatesgarth Meadow View Brook Cottage. / 7.4 The following parties are some distance from the site and would not be directly affected by the proposal and as such should not be afforded party status in this case: 1, Glen Vine Drive Kelway, Glenlough Circle 98, Ballagarey Road Garey Beg, Greeba Avenue 94, Ballagarey Road Eyreton Lea Ballavitchel House The Vicar of Marown, Foxdale and Baldwin and the Marown Burial Authority 1, Kermode Close. 7.5 Manx Utilities Authority raises material planning considerations and is a statutory authority and as such should be afforded party status in this case. Recommendation Recommended Decision: Refused 08.04,2014 Date of Recommendation: Conditions and Notes for Approval / Reasons and Notes for Refusal Page 8 of 9 8 April 2014 14/00139/A

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C : Conditions for approval N : Notes attached to conditions R ; Reasons for refusal O : Notes attached to refusals Rl. Whilst the Commissioners should be applauded for looking at ways in which the local communities can be better served, in this case, whilst preliminary investigations which the Commissioners undertook may have indicated that there was significant support for a local shop, this is not manifest in the views submitted to this application which are mainly opposed to the development. In the absence of demonstrable local support for the development it is considered that there is insufficient justification to set aside the land use designation of the site as Open Space and of High Landscape Value and Scenic Significance and also in view of the precedent which could be established for further development in this particular area, thus undermining the visual separation of Crosby and Gien Vine. I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority. Committee Meeting Date : Decision Made: Signed : Presenting Officer Further to the decision of the Committee an ad^ional report/condition reason is required, signing officer to delete as appropriate Page 9 of 9 8 April 2014 14/00139/A