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Application No.: 18/01092/B Applicant: Mrs Janine Sleight Proposal: Erection of a detached building to provide ancillary living accommodation Site Address: Field 420733 Adjacent To Shilley Lhean Ballagawne Ballabeg Castletown Isle Of Man Principal Planner: Miss S E Corlett Photo Taken: 13.11.2018 Site Visit: 13.11.2018 Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 20.11.2018 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. The Strategic Plan sets out the policies which direct development within the Island, primarily to its existing towns and villages and not in the countryside (Strategic Aim, Strategic Policies 1, 2 and 10, Spatial Policy 5, General Policy 3, Housing Policy 4). The Area Plan for the South identifies this site as within an area not designated for development and the site is not within the residential curtilage of Shilley Lhean. The development, which proposes a building large enough to form a satisfactory permanent living unit, would therefore be contrary to the above policies. - R 2. The application does not contain any provision for the parking and manoeuvring of vehicles nor how the residential curtilage of the new unit would be formed. Even without this information, it is likely that the structure itself would be visible above the roadside hedge and would have an adverse impact on the otherwise open and natural character of the area. - R 3. It has not been demonstrated that the existing access offers sufficient visibility for the drivers of vehicles emerging from the site and as such, the increase in levels of use of this access is likely to be detrimental to highway safety in an area where the speed of traffic is derestricted, contrary to Strategic Policy 10 of the Strategic Plan. It is likely, given the existing buildings either side of the entrance, that satisfactory levels of visibility for those emerging from the site would not be available and the development would increase the number of people using the entrance, contrary to the interests of highway safety. _______________________________________________________________
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4) - as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy (their comments relate to an overhead line rather than land). _____________________________________________________________________________
Officer’s Report THE SITE
1.1 The site is a large area edged red which includes the residential curtilages of two dwellings
1.2 Shilley Lhean is a traditional cottage which has had a taller extension on the north western side added along with a monopitch roofed extension and shed which have been added on the south eastern side alongside the highway. Both properties are served by the same access lane which runs to the north west of the A27 highway which runs to Ronague from Colby alongside Colby Glen Road. - 1.3 The land around the buildings is generally open other than for an agricultural building which sits on the other side of the access lane to Shilley Lhean. The roadside boundary is formed by a grassed hedge with ferns and gorse. Low voltage overhead wires run parallel with the road on the application side of the site. - 1.4 There is a stone outbuilding opposite Shilley Lhean which sits at the top of a small, roadside bank, approximately 600mm from the edge of the road. At the time of the site visit, what looked like a wooden swing was visible over the hedge along with fencing. THE PROPOSAL
2.1 Proposed is the erection of a timber cabin in the field on the other side of the access lane, alongside the highway. This is intended to provide additional living accommodation associated with the occupants of Shilley Lhean - visiting family members and children. The cabin will have a footprint of 11.5m by 6m, would be 2.3m to the eaves and 3.05m to the ridge. The structure will be timber with a green tiled roof. PLANNING POLICY - 3.1 The site lies within an area designated on the Area Plan for the South (2013) as not for any particular purpose and within an area of Incised Slopes on the draft Landscape Character Appraisal where the following advice is available:
Ballamodha, Earystane and St. Marks (D14) The overall strategy is to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern delineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities.
Key Views Distant views prevented at times by dense woodland in river valleys and by the cumulative screening effect of hedgerow trees, which tend to create wooded horizons.
Open and panoramic views out to sea from the higher areas on the upper western parts of the area where there are few trees to interrupt views.
3.20 Implications of the Landscape Character Assessment Landscape Type: Uplands, Incised Slopes, Undulating Lowland Plain Landscape Area: E9 (Bay-ny-Carrickey), A2 (Southern Uplands), D14 (Ballamodha, Earystane and St Mark's), F8 (Poyll Vaaish and Scarlett Peninsula)
3.2 The Strategic Plan sets out the policies which direct development within the Island, primarily to its existing towns and villages and not in the countryside (Strategic Aim, Strategic Policies 1, 2 and 10, Spatial Policy 5, General Policy 3, Housing Policy 4). - 3.3 The landscape is protected by Strategic Policy 4 and Environment Policy 1. - 3.4 Existing power supplies are referred to in Chapter 9 but only high tension overhead lines are the subject of policies - Energy Policy 2 requires that a corridor of 9m either side of such a line must be protected from development. - 3.5 Development is required to be sustainable and safe in transportation terms:
Strategic Policy 10: New development should be located and designed such as to promote a more integrated transport network with the aim to:
4.1 The property was the subject of a number of previous applications for alterations and extensions - 89/01651/B, 91/04039/B, 94/00365/B, 94/00768/A, 95/01206/B and 96/01071/B. REPRESENTATIONS - 5.1 Manx Utilities object to the application as there is a low voltage overhead line in the area of the proposed building and this may require to be diverted to facilitate the development (30.10.18).
5.2 No comments have been received from Highway Services or the local authority, both of whom have been consulted. ASSESSMENT - 6.1 The site is not designated for development and as such there is a presumption against development here. The proposal does not satisfy any of the exceptions set out in General Policy 3 and the development would represent a new dwelling in the countryside which is not within an existing residential curtilage, it is within a field where it would be visible and harmful to the character of the otherwise open and agricultural appearance of the field. Whilst the applicant may benefit from having additional accommodation for friends and family when they visit, this is not a justification for development in the countryside and could be used as justification for many more, similar structures elsewhere in the countryside, undermining its open and rural nature.
6.2 The appearance of the log cabin would not only be visually harmful to the area but would also represent a self-contained unit large enough to be occupied on a permanent basis, contrary to all of the Strategic Plan policies which guard against unsustainable development.
6.3 Even if the development were considered acceptable, there is no indication of where vehicles would park, where the residential curtilage of the new unit would be and how it would be formed, where and how drainage would be managed and how the overhead electricity line would be safely accommodated. - 6.4 The lane is narrow and visibility for those emerging onto the main road is limited by both stone buildings at the entrance. The speed of traffic is derestricted in this area. The increase in the use of this entrance is therefore contrary to highway safety. - 6.5 Whilst there is an objection from Manx Utilities, the existing overhead electricity supply could be re-routed that this required by condition and as such, this is not considered sufficient to justify refusal of the application for this reason.
7.1 The proposal is contrary to the Area Plan for the South and the Strategic Plan and is recommended for refusal. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Refused Date : 20.11.2018 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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