30 January 2018 · Committee
Field Adjacent To Beechfield Glen Auldyn Ramsey Isle Of Man
The application sought permission to create three residential plots on a five-acre field adjacent to the applicant's existing property, Beechfield, in Glen Auldyn. The proposal included the construction of a detached dwelling with an attached garage on plot one, with the detailed design of plots two and three to be considered at a later reserved matters stage. The site sits on the eastern side of Glen Auldyn Road, approximately 600 metres south of its junction with Lezayre Road, and has a roadside frontage of around 155 metres bounded by a sod bank with mature hedgerow. The Department of Environment, Food and Agriculture approved the application on 30 January 2018, following a committee decision. The officer report considered the principle of development, visual impact on the area, effects on neighbouring amenities, highway safety, and drainage and flooding concerns. The proposed dwelling on plot one was found to have no significant impact on neighbouring properties given the substantial distances involved, and the design, scale, and form were considered appropriate for the Glen Auldyn setting.
The committee approved the application. The design, scale, and siting of the proposed dwelling were considered appropriate for the area. Distances to neighbouring properties were sufficient to avoid significant overlooking or loss of light. The formal decision record lists 8 conditions.
General Policy 2
Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted
General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Housing Policy 6
Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan
Housing Policy 6: 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. 8.8 Groups of Houses in the Countryside 8.8.1 There are in the countryside man y small groups of dwellings which, whilst not having the character of, or the full range of services usually provided in a village, nevertheless have a sense of place and community. These groups are found variously at crossroads, in places sheltered by trees or topography or around chapels, abandoned mills or smithys. 8.8.2 Adding further dwellings to these groups may not accord with our strategic objectives relating to settlements and sustainability but may assist in meeting the need of rural areas; may maintain social and family associations and assist in sustaining the rural economy; and may reduce the pressure for purely sporadic and isolated development which the Department would not support. Such additions would also need to be sensitively related to the existing settlement pattern and the landscape. 8.8.3 In the most recent local and Area Plans, the Department has in fact identified a number of these opportunities and in future Area Plans all groups of houses in the countryside will be assessed for d evelopment potential by identifying the village envelope or curtilage and providing the opportunity for appropriate development within this area. There may be some settlements where no additional dwellings will be permitted. In considering the definition o f this curtilage or envelope, particular regard will be had to the value of existing spaces in terms of their contribution to the general character of the settlement or to public amenity more generally. It is important, however that such development is controlled by the development plan process rather than as ad hoc decisions taken in isolation. 8.9 New Agricultural Dwellings 8.9.1 As is indicated in Chapter 7 (at Section 7.14), permission will not be granted for new agricultural dwellings in the countryside unless there is real agricultural need demonstrated sufficient to off-set the general planning objections to new dwellings in the countryside. 8.9.2 Agricultural need should be established having regard to: (a) what living accommodation has been built on, or in association with the farm holding in the past, and how it is now occupied; and (b) who will occupy the proposed dwelling, and what role they will play in the operation of the farm; in some circumstances, there will be a legitimate need for a dwelling for a retiring farmer who proposes to vacate the farmhouse but to continue to assist on the farm.
Transport Policy 4
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
Transport Policy 4: The new and existing highways which serve any n ew 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. 11.3.2 Notwithstanding policies within this plan which encourage travel by means other than private car it is anticipated that the number of vehicles using the Island's roads will continue to increase. This increase in demand is likely to lead to a greater need for road impro vements in order that travel can take place in a safe, effective, and environmentally acceptable manner. The Department of Transport will continue to assess the need for such improvements to public highways and undertake works where appropriate, with much of the improvement within existing roads carried out under the provisions of the Town and Country Planning (Permitted Development) Order2005. The need for improvements to the Island's highway network must be balanced against the environmental objectives of this plan.
Transport Policy 7
The Department will require that in all new development, parking provision must be in accordance with the Department's current standards
Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7. 11.5.4 New development can have a significant impact in terms of the traffic generated by it and the impact on the various modes of travel. The Department considers that proposals which are likely to be significant traffic generators should be accompanied by a Transport Assessment(1) which should look at all modes of transport including access by public transport, cycling and on foot.
Environment Policy 13
Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted
Environment Policy 13: Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted. 7.13. Agriculture 7.13.1. Agriculture is an integral and vital part of the rural economy and rural society and to a great degree is responsible for the appearance and stewardship of the countryside. The Island's farms not only provide the community with a healthy proportion of meat and vegetable produce but also provide employment opportunities. It is important to sustain agric ultural industry by safeguarding its prime resources, by allowing appropriately designed and sited new buildings (where need is established) and by encouraging conservation -based land management regimes (including appropriate tree and shrub planting). Howe ver, this must not be at the expense of the appearance and character or openness of the landscape, or result in the loss of traditional hedgerows and field boundaries or the loss of limited areas of good quality agricultural land. A recent study on agricultural soils on the Isle of Man (1) revealed that the majority of the agricultural land on the Island (80.26%) fell within Class 3, based on the land use capability class system in England and Wales (classes range from Class 1 to 5, with Class 1 being the mo st versatile land). Class 3 land characteristics can be summarised as land with moderate limitations which restrict the choice of crops and/or demand careful management. Only 4.87% of agricultural land falls within Classes 1 and 2. According to the agricultural land use capability map (figure 4 of the study), all of the Class 1/2 land of which Class 1 is the dominant class can be found in the south of the Island to the east of Ballasalla. New Area Plans will include a general presumption against the rel ease of Class 1 and 2 agricultural land for development. The highest level of protection will apply to the highest graded quality of land with Classes 1 and 2 soils being afforded most protection from development and being taken out of agricultural use. Where there is a proposal to develop land which is categorised in the Agricultural Soils of the Isle of Man report as being mixed Classes 2 and 3, those wishing to develop the land should ascertain which parts of the site represent higher grade of soil wi th these parts being avoided for development purposes. 7.13.2 One of the prime considerations in the determination of development proposals in the countryside will continue to be the conservation and enhancement of the landscape. In terms of the di versification of farms and farm buildings, there may be some circumstances where this may be appropriate and it is acknowledged that small scale enterprises can promote healthy economic activity in rural areas whether this be for commercial, industrial, tourism, sport or recreation uses. There is, however, a general presumption against the introduction of new uses into the countryside (including industrial or office uses): (a) for which there is no local need; (b) which would materially effect the rural character of an area; (c) which would necessitate the creation of new buildings; and (d) which would be more appropriate in industrial zones, business parks or within urban centres. 7.13.3 In recent years there has been increasing demand for new development and buildings in the countryside, particularly for new modern agricultural buildings. Such buildings can have, and in a number of areas already have had an adverse effect on the character and appearance of the landscape, particularly when sited in exposed locations away from building groups and on elevated land. It is important that new development should be compatible with the character of the surrounding area, and the need for n ew buildings in the countryside will be balanced against the harm that development may have on the particular environment within which it is proposed. In terms of new agricultural dwellings, permission will not be granted unless real agricultural need is demonstrated and will in every case be assessed in terms of need, sensitive siting, design, and size, and be subject to an agricultural occupancy condition. (1) Agricultural Soils of the Isle of Man, Harris et al, (Centre for Manx Studies) 2001 7.13.4 It is recognised that there have been considerable changes in the economy in the last twenty years. The number of people in full time agricultural employment has reduced for a number of reasons including increased mechanisation, reductions in the number of farms; and increases in the size of farm holdings. In many cases smaller farms have been amalgamated into larger units to increase economic viability. This has often been accompanied by the sale of former farmhouses and cottages to those who do not earn their employment in agriculture. At the same time there has been an increase in part time involvement in farming either where the income from agriculture is supplemented by other employment or where the person's main employment is not in agriculture but they farm on a part time basis. In considering the applications for new houses in the coun tryside the Department will give careful consideration to agriculture justification based on full time employment in agriculture. See also Section 8.9 in Chapter 8 - Housing.
Planning Circular 8/89 - Low Density Housing in Parkland
Low Density Housing in Parkland
Condition 1
The development hereby approved in relation to Plot 1 (Dwelling and associated works, brick paved access road, driveway and access onto Glen Auldyn Road) shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
Prior to any construction of the dwelling hereby approved in relation to Plot 1, the access shown on Penketh Millar drawing no 15 1146 6 REV TS date stamped 02/10/17 shall be constructed as shown and the visibility splays shall remain unobstructed at a height of 1.05m thereafter. Reason: In the interests of highway safety.
Condition 3
No development on Plot 1 shall take place until full details of hard and soft landscaping works for Plot 1 and the driveway have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting showing, type, size and position of each. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the hereby approved dwelling, whichever is the sooner. Details of the hard landscaping works include footpaths and hard surfacing materials and any fencing. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted. - Reason: To ensure the provision of an appropriate landscape setting to the development.
Condition 4
No development on Plot 1 shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
Condition 5
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out on Plot 1, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
Condition 6
Application for approval of the reserved matters for Plots 2 & 3 shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
Condition 7
Plans and particulars of the reserved matters for Plots 2 & 3 referred to in Condition 6; shall include details of: - (a) Siting; - (b) Design; - (c) external appearance of the building[s]; - (d) internal layout; - (e) landscaping of the site; - (f) the provision to be made for the parking and turning of vehicles within the site; - (g) the surface treatment of any roadways and other parts of the site which will not be covered by buildings; and - (h) existing and proposed ground and floor levels.
Condition 8
Within one month of the construction of the new access (as per the requirements of Condition 2) the existing field access shall be blocked up with a grass bank with hedgerow planting (details should be included within submitted landscaping plan required under condition 3) above to match the existing roadside hedgerow and retained thereafter. Reason: In the interests of the character and appearance of the site and surrounding area.
Variation of condition 4 of approved service reservoir (10/00953/B) to allow amendment to roof finish
previous planning applications are considered relevant
Construction of a service reservoir and creation of temporary track and access
previous planning applications are considered relevant