Loading document...
Application No.: 23/00517/B Applicant: Mrs Lynne Morgan Proposal: Erection of a detached dwelling with parking and access to be formed from the existing field access gate Site Address: Field 514355 And Part Field 510185 Rheast Road Santon Isle Of Man Planning Officer: Mr Hamish Laird Photo Taken: 01.06.2023 Site Visit: 01.06.2023 Recommended Decision: Refused Date of Recommendation: 25.07.2023 _________________________________________________________________ R : Reasons for Refusal O : Notes attached to reasons Reasons for Refusal - R 1. The principle of development for the erection of a dwelling is not accepted because the site lies within a rural and protected part of the countryside where any development is strictly controlled with the site not being allocated specifically for any development. The personal circumstances put forward by the applicant are not considered to be of such significance to warrant a departure from DEFA Planning's policies for the area. The proposal would be contrary to the provisions of General Policy 3a); Housing Policy 4a); and, Environment Policy 1, which seeks to protect the countryside for its own sake and from "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." - R 2. The siting, design, scale and visual impact of the dwelling on the character of the site, and overall surroundings is unacceptable because the dwelling would be set in from the sites boundaries, and would appear very much as an isolated feature on the site. This would be unacceptable in this countryside context, given that the site relates more to the rural, verdant softness of its countryside surroundings, than to any of the nearby dwellings. The proposal would, therefore, fail to accord with the provisions of General Policy 2 (b, c and g) in the Adopted Isle of Man Strategic Plan (2016), which seek to protect sites and their surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; and, to ensure that new development does not adversely affect the character of the surrounding landscape or townscape; or the amenity of local residents or the character of the locality. - R 3. Notwithstanding the above reasons of refusal, the existing vehicular access serving the site is shown as being upgraded on Proposed Site Plan Drawing No. 21/3132/02 to serve the development. However, the applicant has failed to demonstrate that vehicle - vehicle visibility splays can be provided either side of the vehicular access serving the site in accordance with the requirements of the Manual for Manx Roads. Any such access should conform to Manual for Manx Roads residential access standards as listed in Appendix B.4 and include; an access width of between 3.4m (as it appears to be shared pedestrian access also) and 6m depending on shared use for agricultural; entry splays; bound and consolidated surface for the first 5m/6m from the edge of the highway; and gates setback a minimum of 5m / 6m from the highway. Given the lack of such details to demonstrate that safe access and egress can be achieved from the proposed access location, the proposal fails to meet the requirements of Transport Policy 4 in the Adopted Isle of Man Strategic Plan (2016).
Additional Persons It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are mentioned in Article 6(4):
Ballacooper House, The Sloping Road, Santon, Isle of Man, IM4 2HP Park Farm, Clanna Road, Santon, Isle of Man, IM4 2HP Mullinaragher House, Rheast Road, Santon, Isle of Man, IM4 2HR Springside Barn, Rheast Road, Santon, Isle of Man, IM4 2HR
as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018). _____________________________________________________________________________
1.0 THE SITE - 1.1 The application site is formed from Field 514355 (the site) and Part Field 510185 (the access from Rheast Road), at Rheast Road, Santon, where it occupies a corner location at the junction of Rheast Road with Clanna Road and covers an area of approx. 300m2 (see application forms) of grazing land. The Rheast Road boundary is marked by a line of mature trees and a roadside hedge, whilst the Clanna Road boundary comprises a mix of a sod bank and mature roadside hedge. A mixture of hedging and fencing mark the sites northern and western boundaries. The site lies in the open countryside with a number of dwellings on spacious plots with Park Farm adjacent to the north; Ballacooper House on the opposite side of Clanna Road to the east; Ballacorrin on the opposite of Rheast Road to the south; and, Springside and Mullaragher House on the opposite side of Rheast Road, to the south and south-west.
2.0 THE PROPOSAL - 2.1 This proposal seeks full planning approval for the erection of a detached dwelling with parking and access to be formed from the existing field access gate on Rheast Road, with the design being for a traditional-style property, on 2-storeis, with a double fronted south facing principle elevation; and, a 2-storey rear wing under a pitched roof with 2-pot, imitation, chimney stacks at each gable end. The finish would be white painted render under an imitation slate roof, with the south side roofslope covered with 18 No. solar PV panels. The dwelling would have a ground floor conservatory attached to its SW side. The proposed accommodation comprises:
Ground floor: entrance hall/vestibule with stairs up; cloaks cupboard/WC; living room; sunroom/dining/kitchen area;
First floor: stairs down; 4-bedrooms (one with en-suite bathroom and walk-in wardrobe; and, a family bathroom.
2.2 The dwelling would be centrally located on the plot and would be served by a Geothermal heat pump; The property is targeted to be constructed to Passive Haus Standards and will be a test bed for a new Borehole Heat exchange system with an extended borehole depth and subsequent monitoring, in conjunction with extensive photovoltaic panels and the provision of wind power generation and water harvesting. - 2.3 The new dwelling would utilise the existing field entrance serving Field 510815.
There are no changes proposed for the existing access into the site as it is wide enough to support standard sized vehicles. It is also indicated that there would be no changes to the existing site boundaries which helps to screen the site from the abutting highway.
2.4 The applicant advises that following the death of her partner in 2016 whom she cared for full-time in the UK from 2014, she wishes to return to the Island, having previously owned and occupied on separate occasions Park Farm from the mid 1990's to 2004; 33 Hope street, Castletown, (2004 - 2007); and, subsequently Mullinaragher House on the Rheast Road from 2007-2014; as she and her daughter consider the island to be their home. They also wish to be closer to their friends and to make it easier for her daughter to see family who live close by (in the Braaid area). The applicant's new business (joint with her daughter) will be developed and relocated to the island. The applicants 'aspiration is ideally to live on the land they own, as the area is very special to them, as they lived in this area previously. The applicant intends to resume the equestrian use on the adjacent field (blue land on the submitted plans) in the form of a paddock for their horses. The applicant wishes to spend her retirement on the island as her daughter also plans to relocate back to the island where she was born.
3.0 PLANNING HISTORY - 3.1 None of relevance. PA 07/01990/B - Creation of vehicular access - Field 514355 and Part Field 510185, Rheast Road, Santon. - Permitted 14/1/2008.
4.1 The land as designated, is not zoned for development and sits within a rural part of the open countryside as shown on Map 11 (Newtown), dated 21st September, 2020, of the Area Plan for the East. The site is not within a Conservation Area. - 4.2 The land is also linked to Map 2S Landscape Assessment Areas; that identifies site is within a Landscape Character Area that is broadly classified as 'Gently Undulating Land', and more specifically as 'D10 Braaid'. - 4.3 Within the Isle of Man Landscape Character Assessment written statement (July 2008) under section 3.0 Landscape Character Area (LCA), page 115, para. The key characteristics of D10 are broadly referred to as:
"o Gently undulating land sloping down south-eastwards towards the coast with numerous notable rounded hill tops.
D10 Braaid notes that the: "The overall strategy should be to conserve and enhance the character, quality and distinctiveness of the area, with its open large pastoral fields, its Manx hedges, its scattered farm houses fringed by trees, its sunken and enclosed rural road network and its numerous archaeological features."
4.4 It is noted the site is not identified as being at flood risk. - 4.5 The site is not within a Registered Tree Area. - 4.6 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application:
Strategic Policy 2 Priority for new development to identified towns and villages 5 Design and visual impact 10 Sustainable transport Spatial Policy 5 Building in defined settlements or GP3 General Policy 2 General Development Considerations 3 Exceptions to development in the countryside Environment Policy 1 Protection of the countryside 3 Protection of trees and woodland 4 Wildlife and Nature Conservation
Housing Policy
4.8 Planning Circular 3/91 - Guide to the residential development in the countryside. - 4.9 Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
5.1 Highway Services (31/5/23) - Comments: Highways Comments: Rheast Road is a rural connecting road between Clannagh Road and Moaney Road, serving only a few dwellings. Vehicle flows along this road are expected to be very light, with vehicle speed at a reduced rate also. Visibility splays from the access have been shown at 2.4m by 70m in both directions. This is to the Manual for Manx Roads standard for a rural 30mph speed limit. The visibility provided is sufficient for the expected speeds at this point along the road. The visibility to the right on exit has not been include within the red line boundary of the proposal, however, is within the blue line boundary showing it is under the applicants ownership. The plans should be amended to include the splays within the red line.
The application has stated that the existing field access created under PA 07/01990/B is to be used for the proposed dwelling. At the time of proposal, the plans for the field access were accepted by Highway Services, as these were being assessed to different standards and requirements. However, there are not sufficient details in that proposal to assess its suitability to today's requirements. Further to this, PA 07/01990/B was approved in January 2008. Google Street imaging from late 2010 shows the access to not meet current residential access requirements, and internal DOI camera footage also shows the access to be inadequate for today's standards.
The applicant / agent should provide further information on the construction of the proposed access to be used. The access should conform to Manual for Manx Roads residential access standards as listed in Appendix B.4 and include; an access width of between 3.4m (as it appears to be shared pedestrian access also) and 6m depending on shared use for agricultural; entry splays; bound and consolidated surface for the first 5m/6m from the edge of the highway; and gates setback a minimum of 5m / 6m from the highway. All minimum requirements are subject to the shared use of the access for residential and/or field activity.
Any potential alterations to the highway will require a Section 109(A) Highway Agreement to be made post planning consent.
Internally, the proposal is acceptable to Highways. There is provision of three parking spaces, exceeding the minimum requirement for a single dwelling, and more than adequate turning space to ensure exit in a forward gear. The applicant may wish to provide an electric vehicle charging point in order to support the Islands sustainable transport goals. Without the provision of an internal garage, the proposal should also include separate and covered bicycle storage. Bicycle storage should be provided at a rate of one space per bedroom.
Drainage proposals at the connection of the access and the highway have been provided. The proposal should be reviewed and accepted by the Highway Services' Drainage team.
In its current form, the proposal does not meet current Manual for Manx Roads standards. Highway Services DC request the following additional information/ revisions to be made to make the proposal acceptable:
Santon Commissioners (19/6/23) - comments: The Board of Santon Commissioners object to this planning application on the grounds of spurious development in the countryside on land zoned for agricultural purposes.
EPU (Water) Environmental Protection Officer (22/5/23) Comments: -
With regard to PA 23/00517/B please can the applicant provide further clarification on the discharge route for the treated sewage effluent from the biodisc;
If the sewage treatment works is connected to a drainage ditch or watercourse a discharge license will be required. Further information including the application form can be found at; https://www.gov.im/about-thegovernment/departments/environment-food-andagriculture/environmentdirectorate/environmental-protection-unit/river-waterquality/discharge-licenses/
If the discharge is connected to a soak-away; percolation tests will need to be carried out in accordance with Building Regulations. Manx Utilities Authority - Electricity - no comments had been received by the Report drafting stage. Forestry, Amenity And Lands, DEFA - no comments had been received by the Report drafting stage.
NEIGHBOUR REPRESENTATIONS 29 May 2023 - Springside Barn - Objects to the proposal:
The comment stated;
The comment stated; The land is, and has always been, zoned as agricultural and after the extensive and thorough process undertaken over a number of the years with respect to the Area Plan for the East this plot was once again confirmed therein as not suitable for development. I can see no merit in any of the arguments in the planning application that would alter this fact and even a cursory review of the policies governing approval for agricultural dwellings confirms that none of the arguments extended in the application come anywhere close to meeting the requirements as amongst other failings there are no farm buildings present (or ever) and the plots owned in no shape or form could provide scope of scale for a viable agricultural business, nor are equestrian pursuits considered agricultural activities in any event. The permission granted previously for the access gate was ONLY for agricultural purposes and this was checked by, and confirmed to, the relevant department categorically at the time as included in the planning application. There are also significant issues with safe access to this site which is via what is in reality a singletrack road with houses already immediately adjacent and increasingly significant issues with drainage and voluminous amounts of water on the Sloping and Rheast Road during and after inclement weather which any further development in the area would only exacerbate. This drainage problem increases each year due to environmental changes without any additional development of course and any further development would obviously increase this and adversely increase the issues we are already encountering at our property. Relationship to site: Immediately adjacent to the site
1 June 2023 Field 514355 And Part Field 510185 Rheast Road Park Farm, Clanna Road, Santon Isle Of Man Interest expressed
The comment stated; Thank you for your letter of 9th May . We have lived at Park Farm since 2004 , it is our family home. We purchased Park Farm from the Applicant and her then husband; they retained Field 514355 and part of Field 510185. This land went into the Applicants sole ownership in 2011.
We built a bank separating this land from Park Farm and granted a lease permitting access through Park Farm until such time as a right of access was obtained to the Applicants land from the public highway. That access was granted, 14th January 2008, PA07/01990/B and the previous right of access through Park Farm fell away.
We note that unless we submit comments we will not receive any additional or amended information, which could significantly impact the land adjacent to our home.
Please note that we are not objecting to this Application as we are subject to the terms of a contractual restriction from the original purchase of Park Farm.
Our comments are: The Applicant claims that she grew up on Park Farm, which we do not believe to be true.
Our understanding is that she grew up in the North of England and subsequently lived in Ramsey and thereafter Mount Rule, only moving to Park Farm in 1997 following the purchase of Park Farm. When the Applicant lived at Mullinaragher she grazed horses on the fields, but she has not done so for over ten years to date
Our home at Park Farm does not form part of a cluster of buildings with the land. The only residential building on our land is the old farmhouse which is approximately 60 metres from the nearest boundary to the Applicants land.
Park Farm is not and has not been actively farmed since we have lived there and there are no agricultural workers employed or needed for the maintenance and upkeep of it
The Applicants land is not approached through the original Farms access; since 2008 the Applicants fields have been access.
Relationship to site: Immediately adjacent to the site.
6.1 The fundamental issues to consider in the assessment of this planning application are;
6.2 The starting point here is the land designation, it is clear from the Area Plan for the North and West that the application site is within a rural and protected part of the countryside where any development is strictly controlled with the site not being allocated specifically for any development.
6.3 The site lies outside the settlement boundary' for both Newtown and Mount Murray as noted in policy SP4 and is very much part of the open countryside as previously identified and development would be contrary to policies STP2 and SP4 in principle. Whilst the site sits within and close to existing residential development comprising a very loose cluster of 5 there is no relevant planning history for the site and there have been no previous applications permitted for residential development. - 6.4 In terms of exceptional circumstances, the applicant has advised that the proposed dwelling would be used as a base for her new business (joint with her daughter), which will be developed and relocated to the island. It would also be her retirement home as she is looking to retire after having previously been brought up, attended school, and lived in the adjoining dwellings at Park Farm from the mid 1990's to 2004; 33 Hope street, Castletown, (2004 2007); and, subsequently Mullinaragher House on the Rheast Road opposite the site from 2007-2014. - 6.5 In terms of exceptional circumstances, the applicant has have advised, that her and her daughter also wish to be closer to their friends and to make it easier for her daughter to see family who live close by (in the Braaid area). The applicant's new business (joint with her daughter) will be developed and relocated to the island. The applicants 'aspiration is ideally to live on the land they own, as the area is very special to them, as they lived in this area previously. The applicant intends to resume the equestrian use on the adjacent field (blue land on the submitted plans) in the form of a paddock for their horses. The applicant wishes to spend her retirement on the island as her daughter also plans to relocate back to the island where she was born. - 6.6 In the Adopted Isle of Man Strategic Plan (2016), Strategic Policy 2 prioritises the location of new development within existing towns and villages, and advises that development in the countryside will only be permitted in exceptional circumstances as identified in Paragraph 6.3 'Development outside of areas zoned for development' of the Strategic Plan. General Policy 3 indicates (amongst other things) that: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10);" - 6.7 Housing Policy H4 indicates the same as General Policy 3 advising (amongst other things) that: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) 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;" - 6.8 Housing Policy 7 indicates that: "New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated.", whilst Housing policy
6.9 Whilst the applicant has an historic connection to the Island and the tragic circumstances of her partners lengthy illness and ultimate passing away caused her to reside in the UK closeby to her partners family, her main living would be form a yet to be established, unspecified business venture with her daughter and her main living would not be derived from agriculture, horticulture or forestry. Ultimately, the applicant hopes to keep horses on the adjoining filed in her ownership (to be se dot derive access to the application site). However, the keeping of horses in the countryside on agricultural land is not considered to be an agricultural operation, and such a use of the field would require a separate planning permission for change of use for
6.11 It is key that any dwelling should be in keeping and sympathetic with the character. Here the site reads very much on its own as a grassed field with trees and hedging to its boundaries at a road junction, with an adjoining grassed field to the south. The nearby dwellings are set far enough away and separated by the roads (Rheast Road and Clanna Road) for it to be a separate entity. It is also separated from the farm buildings at Park Farm to the north of the site by an outdoor horse exercise area (manege), and the dwellings opposite to the south at Springside and Ballacorrin are set well-back from the Rheast Road carriageway. Furthermore, the site amounts to an area well in excess of the 300m2 quoted in the application forms. It scales on plan at 1:1,250 at approx. 70m x 60m = 4,200m2, which is a sizable area for a one dwelling plot. - 6.12 The main public views of the site are derived from Rheast Road and Clanna Road, and are essentially derived from a distance given the boundary tree line and sod bank/hedging around the site, especially when viewed from the road system. The main view of the site would be from the west from Rheast Road adjoining the applicants neighbouring field. The dwelling would be set in from the sites boundaries, and would appear very much as an isolated feature on the site. The siting, design and the scale of the new dwelling is considered to be inappropriate in this countryside context, given the site relates more to the rural, verdant softness of its countryside surroundings, than to any of the nearby dwellings. In terms of the plot coverage, the dwelling would be set back of the site and the retained roadside boundary trees and hedging/sod bank and other tress and hedging on the north and west boundaries would assist in screening its built form from passers-by on the road. However, they would not assist in assimilating it into its surroundings because the dwelling would appear as an intrusive feature which would not be helped by the 2-stories, height, scale and massing of its built form. The plot coverage on its own is considered to be unacceptable, as it would represent an underdevelopment of the land, which seeks to emphasise the unacceptable nature of the development proposed in this countryside location. The proposed materials and finishes reflect the painted render and slate roofs of nearby dwellings, and on their own, would be acceptable. However, the siting, design, scale and visual impact of the dwelling on the character of the site, and overall surroundings is considered to be unacceptable and would fail to accord with the provisions of General Policy 2 (b, c and g) in the Adopted Isle of Man Strategic Plan (2016).
6.13 The new dwelling would be set back on the site in relation to the nearby dwellings at Park Farm to the north; Ballacooper House on the opposite side of Clanna Road to the east; Ballacorrin on the opposite of Rheast Road to the south; and, Springside and Mullaragher House on the opposite side of Rheast Road, to the south and south-west. All of these nearby
6.17 The site is proposed to be served from an existing agricultural vehicular access onto Rheast Road, which is shown on plan as being improved and used to serve the new dwelling.
Rheast Road is relatively narrow in the vicinity of the site. Whilst it is an unrestricted road in terms of the speed limit, the practicalities of using the road due to its narrowness and presence of bends to the west of the site, and its proximity to the Rheast Road/Clanna Road, road junction adjacent to the sites SE corner indicates that vehicle speeds are likely to be low passing the site. The comments received from DoI Highways are noted along with the request for a drawing showing that visibility splays as outlined in the Manual for Manx Roads can be achieved across the site frontage and filed edged blue to the south in the applicants ownership in accordance with the MfMR requirements. Given the lack of such details to demonstrate safe access and egress can be achieved from the proposed access location, the proposal fails to meet the requirements of Transport Policy 4 in the Adopted Isle of Man Strategic Plan (2016).
6.18 With regard to on-site parking provision it is noted that the proposal provides 3 No. vehicle standing spaces with a minimum depth of 5.5m to the front, all of which are sufficient to accommodate a vehicle. These are considered to be acceptable and meet the requirements of the Manual for Manx Roads and Transport Policy 7 in the Adopted Isle of Man Strategic Plan
(2016). (v) Trees and Ecology
6.19 In terms of impacts on biodiversity, no comments have been received from the Ecosystem Policy Team to the application. However, the development would result in the loss of a small area of wildlife habitat, for which mitigation should be provided. Following on from the Ecosystem Policy Teams recommendation elsewhere for similar forms of development that Bat bricks suitable for crevice dwelling bats to be built high up under the eaves of the southerly elevation away from windows and doors; and, for Swift bird bricks which are suitable for a number of nesting species, where positioned high up under the eaves of the westerly elevation, should be employed,. In the event of an approval being granted, these can be covered by a condition. It is considered that such mitigation details would meet the provisions of the Wildlife Act 1990, and for compliance with Environment Policies 4 and 5 of the Isle of Man Strategic Plan.
6.21 The site is not identified as being in an area at flood risk. The proposal involves the use of a BioDisc packaged sewage treatment plant which is proposed to be connected to a drainage field located in the SE corner of the site. The comments received from the Environmental Protection Officer requiring further clarification on the discharge route for the treated sewage effluent from the biodisc; and, the advice that if the sewage treatment works is connected to a drainage ditch or watercourse a discharge license will be required, are noted. It is considered that in the event of an approval being granted, such mitigation details could be conditioned and would meet the provisions of General Policy 2(l); and, Environment Policies 7 and 22 of the Adopted Isle of Man Strategic Plan (2016).
6.22 The applicant proposes the use of solar PV panels on the south facing roof slope of the house; and, the use of both a rainwater harvesting system; and, Geo-thermal heat-pump, all of which would assist in minimising the carbon footprint of the running of the dwelling. Such measures, would elsewhere be considered to be acceptable, and would accord with General Policy 2(n); and, Environment Policies 7 and 22 of the Adopted Isle of Man Strategic Plan
(2016). However, they do not outweigh the 'in principle' objection to the proposal for residential development in the countryside without adequate justification in terms of an alternative use for agricultural land.
6.22 The principle of development for the erection of a dwelling is not accepted because the site lies within a rural and protected part of the countryside where any development is strictly controlled with the site not being allocated specifically for any development. The personal circumstances put forward by the applicant are not considered to be of such significance to warrant a departure from DEFA Planning's policies for the area. - 6.23 In addition, the existing vehicular access serving the site is shown as being upgraded on Proposed Site Plan Drawing No. 21/3132/02 to serve the development. However, the drawing does not show that vehicle - vehicle visibility splays can be provided either side of the vehicular access serving the site in accordance with the requirements of the Manual for Manx Roads. Any such access should conform to Manual for Manx Roads residential access standards as listed in Appendix B.4 and include; an access width of between 3.4m (as it appears to be shared pedestrian access also) and 6m depending on shared use for agricultural; entry splays; bound and consolidated surface for the first 5m/6m from the edge of the highway; and gates setback a minimum of 5m / 6m from the highway. This is contrary to the requirements of Policy GP2 i) and Transport Policy 4 in the Adopted Isle of Man Strategic Plan (2016). Recommendation: Refuse
7.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
7.2 The decision maker must determine:
7.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
Copyright in submitted documents remains with their authors. Request removal
