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Government
Leonard Leslie Brindley<br>Barony View<br>Glen Mona<br>Maughold<br>IM7 1HD
Telephone: (01624) 686501 Email: [email protected] Contact: Mr M Ball Our Ref: MEC/AP18/0038Appl Date: 21st May 2019
Dear Mr Brindley,
PA No: Address: Field 624255, Glen Mona Loop Road, Glen Mona, Ramsey, Isle of Man Proposal: Approval in principle for the erection of a dwelling Appellant(s): Leonard Leslie Brindley I refer to the appeal in respect of the above planning application. In accordance with the provisions of the Town and Country Planning (Development Procedure) (No 2) Order 2013, I herewith give notice of the appeal decision.
In assessing the merits of this appeal proposal, the Minister of Environment, Food and Agriculture would state at the outset that it is a well-established principle that every planning application should be assessed on its own individual merits.
In light of the foregoing, therefore, I can confirm that the Minister agrees with the Inspector that the main planning issues for assessment in respect of the current appeal, and as detailed at paragraph 23 of the Inspector's Report are whether the proposal would be consistent with the settlement policy set out in the statutory development plan, secondly, the effect of the proposed development on the countryside, thirdly, whether the proposed development would be consistent with the objective of minimising journeys especially by car and finally, whether there are any special circumstances that should tell in favour of the proposed scheme.
In respect of the matter of special circumstances, and in the particular circumstances of this application, I can confirm that the Minister notes and agrees with the Inspector's conclusion at paragraph 31 of the Inspector's report such that the provision of care of elderly relatives which may be entirely warranted at some point in the future, cannot however be a sufficient reason of itself to justify the erection of a building in the countryside which in all other instances would contravene planning policy In this regard, I can confirm that the Minister attaches weight to this conclusion.
However, I can confirm that the Minister disagrees with the Inspector's assessment and conclusions in respect of the matter of settlement policy and the effect on the countryside and the matter of sustainability as detailed at paragraphs 24 - 30 of the Inspector's Report.
At the outset to his consideration of the matter of settlement policy and the effect on the countryside, I can confirm that there is no disagreement by the Minister that the site is not zoned for development in any development plan and that it lies outside of the built-up area of Glen Mona. To that end, the Minister agrees that the appeal site is within the countryside and that the proposal does not accord with General Policy 3 of the Isle of Man Strategic Plan 2016.
Notwithstanding the above, and as detailed at paragraph 26 of the Inspector's report, Environment Policy 1 of the Isle of Man Strategic Plan 2016 seeks to ensure that the countryside and its ecology is protected for its own sake while Environment Policy 2 indicates that within an Area of High Landscape Value, the protection of the character of the landscape will be the most important consideration, subject to certain specified exceptions one of which is that the development would not harm the character and quality of the landscape. However, Environment Policy 1 also seeks to ensure that development would not have any adverse visual effect on the countryside. In the Minister's opinion and as held by the Inspector in Appeal No. AP14/0058, this part of the policy therefore can allow consideration to be given to proposals in the countryside which are not strictly in accordance with zoning or other policy requirements. In such circumstances therefore, the specific effects of any development proposed need to be weighed and balanced against the aims and objectives of the policies which seek to protect the countryside for its own sake and to protect the character and quality of the surrounding landscape. In the particular circumstances of this appeal, I can confirm that the Minister is of the opinion that the specific material considerations should be considered against these policy requirements and afforded appropriate weight in the overall planning balance exercise.
In the first instance, in the particular circumstances of this case, I can confirm that by reason of the fact that the site is surrounded by the residential curtilages of two properties, Barony View to its north and Fieldhead to its south, and by the fact that it doesn't have any boundary with the open countryside to its west, in the Minister's opinion this results in the site being seen and perceived as being an 'infill' development within the surrounding pattern of residential development along this part of the Glen Mona Loop Road, such that of itself and in this context it does not read as being in the 'open countryside'. Furthermore, and notwithstanding the fact that there will be a new building sited to the foreground of the appeal site with the proposed front building line being to that of the adjacent dwellings, in the Minister's opinion, this will not adversely block views of the countryside to the rear which are elevated in nature and form compared to the appeal site. When set in this context, therefore, I can confirm that the Minister is not persuaded that the character and quality of the surrounding countryside and its landscape would be harmed by granting permission to the proposal. As such, I can confirm that the Minister is of the opinion that the proposal satisfies the provisions of Environment Policies 1 and 2 and in that regard, I can confirm that the Minister attaches determining weight to this in the planning balance exercise.
Finally, and in respect of the matter of sustainability and the Minister's consideration of the proposal against the provisions of Strategic Policy 10 of the Isle of Man Strategic Plan 2016, I can advise that the Minister notes the comments of the Inspector at paragraph 30 of his report such that other forms of public transport are available to any potential occupiers of the proposed dwelling. In addition, the Minister also notes that the Inspector's report is silent and makes no comment in respect to the proposal adversely affecting highway safety such that the Minister must reasonably assume therefore that it does not. Having regard to the fact therefore that the policy is not drafted to wholly exclude the use of the private car but merely to minimise such journeys, I can confirm that in the Minister's opinion the fact that it is located in proximity to and can avail of other forms of public transport as detailed above is such that in the Minister's the proposal is acceptable and the Minister therefore attaches weight to this conclusion.
I can inform you that the Minister's decision was finely balanced but in light of all of the foregoing, therefore, and having balanced and weighed all the matters, the Minister has directed that the appeal should be allowed. Accordingly, he has directed that the Department's refusal of the application under Article 6 of the Town and Country Planning (Development Procedure) (No 2) Order 2013 should be reversed and that the application should be Approved subject to conditions. Formal notice of this decision is attached.
Yours faithfully
Mr R C Lole Chief Executive
Circulation list for 18/00200/A
Leonard Leslie Brindley, Barony View, Glen Mona, Maughold, IM7 1HD Highway Services, Department of Infrastructure, Sea Terminal Building, Douglas The Clerk Garff Commissioners, Commissioners Office, 35 New Road, Laxey, Isle of Man, IM4 7BG
Department of Environment, Food & Agriculture Thie Slieau Whallian, Foxdale Road, St John's, Isle of Man, IM4 3AS
Leonard Leslie Brindley<br>Barony View<br>Glen Mona<br>Maughold<br>IM7 1HD
In pursuance of his powers under the above Act and Order/Regulations, the Minister for the Department of the Environment, Food and Agriculture, the Hon G Boot MHK does hereby in the name of and on behalf of the Department APPROVE planning application 18/00200/A by Leonard Leslie Brindley for Approval in principle for the erection of a dwelling - Field 624255, Glen Mona Loop Road, Glen Mona, Ramsey, Isle of Man, subject to the following condition(s):-
Reason: To comply with Article 14 of the Town and Country Planning (Development Procedure)(No2) Order 2013.
a) The provision to be made for the parking and turning of vehicles within the site; b) The surface treatment of any access, parking area or amenity space, and any other parts of the site which will not be covered by the buildings; c) All external materials to be used in the development; d) Visibility splays; e) Existing and proposed ground, floor and ridge levels; f) Details of boundary treatments; g) Hard and soft landscaping.
Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013, this is an approval in principle and these matters require detailed consideration by the Department in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.
Reason: This is an approval for a single dwelling as shown on the submitted illustrative drawings, and any greater density would be out of keeping with the character of the adjacent properties and the surrounding area and would require additional space for parking and amenity areas.
Reason: To ensure a satisfactory form of development. Date of issue: 21st May 2019 By Order of the Minister
Mr R C Lole Chief Executive
Note 1: A copy of the report of the appointed person is appended hereto.
Note 2: All parties should note that there is no prescribed right of appeal relevant to the Minister's decision herein and accordingly the only right of challenge is by a Petition of Doleance brought to the High Court of Justice of the Isle of Man. Such Doleance proceedings required to be issued promptly and in any event within 3 months.
Department of Environment, Food & Agriculture Thie Slieau Whallian, Foxdale Road, St John's, Isle of Man, IM4 3AS
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