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Application No.: 17/01132/A Applicant: Stuart & Maxine Lace Proposal: Approval in principle for the erection of a dwelling Site Address: Land At Great Gates Main Road Santon Isle Of Man Case Officer : Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 04.01.2018 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R 1. The erection of a dwelling on this site would represent an unwarranted development in the Island's countryside and would be contrary to both the land use provisions of the Isle of Man Planning Scheme (Development Plan) Order 1982 and to the provisions of the Isle of Man Strategic Plan 2016, in particular to Spatial Policy 5, General Policy 3, Environment Policies 1 and 2 and Housing Policy 4.
_______________________________________________________________ Interested Person Status – Additional Persons
1.0 THE SITE - 1.1 The site forms part of the residential curtilage of existing dwelling Great Gates, which lies on the western side of the Main Road A5 in Santon. The site is 400m to the south of Newtown and approx. 460m to the north of the Mann Cat Sanctuary on the other side of the road. The entire curtilage itself is around 0.6 acres in area. The site subject to this application is approx. 0.11 acres in area and occupies the north eastern corner of the site. - 1.2 The existing house is a two storey traditional cottage as viewed from the front which has undergone alterations and extensions primarily to the rear. To the north of the house and within the site is an existing single storey flat roof double garage and a part ruinous Manx stone shed.
1.3 As existing there are two vehicle accesses into the residential curtilage of the dwelling one providing access into the southern side of the site with large hard-standing and off road parking area and another on the northern end of the site providing access to the existing garage with hard-standing and suitable turning and parking off the road. - 1.4 The site is bound from the main road by a stone wall which varies in height along various parts of the site.
2.0 THE PROPOSAL - 2.1 Approval in Principle is sought for the construction of a new dwelling in place of the existing detached double garage and Manx stone store. The application addresses the siting and means of access. - 2.2 The application site is part of the existing residential curtilage to Great Gates and proposes to utilise the existing garage access and the means of access into the site. - 2.3 It is the applicants' intention to build a dwelling with a floor area of approx. 140 sq m. The dwelling will have a front elevation facing towards the main road approx. 7m wide and will project approx. 8m into the rear of the site. A garage is proposed on the side elevation approx. 3m x 7.5m. There are no indicative images or heights shown on the application drawings although given the dimensions for the dwelling it's likely the house will be set over two floors with the garage at ground floor only. The application has not been substantiated by any further information or supporting statements. - 2.4 A large area of hardstand is proposed between the existing northern access and the new dwelling with the boundary walls being lowered to 1050mm in order to provide suitable visibility of up to 120m in both directions. - 2.5 The application includes evidence that a tree licence has already been granted for the felling of 1 tree within the proposed visibility splay.
3.0 PLANNING HISTORY - 3.1 One previous application for the site was approved under PA 12/01704/B for alterations and extensions to the main dwelling and amendments to the vehicular access.
4.0 PLANNING STATUS AND POLICY - 4.1 The site lies within an area not designated for development and also within an area designated as High Landscape or Coastal Value and Scenic Significance (AHLV) on the Town and Country Planning (Development Plan) Order 1982. In areas such as this there is a general presumption against development as set out in Spatial Policy 5, General Policy 3, Environment Policy 1, Environment Policy 2 and Housing Policy 4 of the Isle of Man Strategic Plan 2016. - 4.2 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".
4.3 General Policy 3:
Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
4.4 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 overriding 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.
4.5 Environment Policy 2:
The present system of landscape classification of Areas of High Landscape or 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 different 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:
4.7 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:
5.1 The Department of Infrastructure Highway Services has indicated that they do no oppose the proposals and stated that the new dwelling will utilise the existing northern access while the existing house will continue to use the existing southerly access. Both accesses have suitable off street parking and turning arrangements within the site and the proposal will seek to substantially improve the visibility of both accesses in both directions by lowering the walls. Highway Services have recommended a suitably worded contention ensuring the sightline and visibility splays as per the drawing are provided (21/11/2017).
5.2 Santon Commissioners have not provided comments on the application (28/12/2017).
6.1 The fundamental issues to consider in the assessment of this current planning application are (i) the acceptability of the proposal in principle, having regard to the relevant policies; and (ii) its impact on highway safety. - 6.2 While the proposal is not considered to have any significant adverse impact on the local highway, in terms of planning policy there is a long established presumption against new residential development in the countryside as per the provisions of the Strategic Plan as set out in 4.0 of this report. - 6.3 The application site is not zoned for residential development under the 1982 Development Plan. The proposed dwelling does not serve a viable agricultural holding nor replaces an existing dwelling-house and therefore there are no special circumstances to warrant the setting aside of the presumption against development as set out in General Policy 3. - 6.4 As the site is not identified in any Area Plan as being a town, village, or within a sustainable urban extension the proposal falls short of those exceptions indicated in Strategic Policy 5 and Housing Policy 4. - 6.5 It is not considered that the proposal would have an over-riding national need in land use planning terms to outweigh the requirement to protect the Islands countryside as set out in EP1. - 6.6 The site also falls within an area zoned as an AHLV, therefore unless the development is essential and/or would not harm the character and quality of the landscape, the development should not occur. In the case of this application the development of a new residential dwelling would bring about in an over intensification of the site and result in an increased visual intrusion to the character of the countryside landscape. As the current proposal would fail the tests of EP2 a refusal could justifiably be made on that basis. - 6.7 Care must be taken when considering such applications as this as approval of the proposal would set a significant precedent for similar types of development through the countryside in the Isle of Man. The purpose of the planning system is to control the use and development of land in the public interest. That requires consideration of what is most appropriate for the population of the island as a whole. The protection of the Manx countryside from development and the presumption that new housing should be directed to locations consistent with the principles of sustainable development are two of the most important themes running through the Strategic Plan, the purpose of which is to establish a consistent framework within which the public interest can be served by the planning system. When making a planning decision that has permanent consequences (such as the erection of a dwelling as is proposed here) it is also essential to bear in mind that the development sought will endure long after the circumstances of the current applicant have ceased to exist.
7.1 For the reasons as set out in this report the application is recommended for refusal. The proposal is contrary to strict and established planning policy which seeks to protect the countryside from development. It is important that such development is controlled by the Development Plan process rather than as ad hoc decisions taken in isolation.
7.2 The application conflicts with the aforementioned policies; Spatial Policy 5, General Policy 3, Environment Policies 1, Environment Policy 2 and Housing Policy 4 of the Isle of Man Strategic Plan 2016.
8.2 The decision maker must determine:
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Refused Date: 22.01.2018 Determining officer
Signed : S CORLETT Sarah Corlett Senior Planning Officer
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