23 January 2012 · Delegated
Land To Rear Of Cooil Avenue And Adjacent To, Beachfield Farm Lane, Kirk Michael, Isle Of Man, IM6 1hb
This application sought approval in principle for the erection of a single dwelling on a parcel of land of approximately 1.2 hectares, located to the north-west of Cool Avenue and north-east of Beachfield Farm Lane in Kirk Michael. The site is broadly rectangular in shape with some spurs of land and includes an access point from Cool Drive. The application was refused on 23 January 2012. The sole reason for refusal was that the applicant had no legal ability to control the height of the hedge and fence on either side of the access land where it meets Cool Avenue. This was considered to create a significant danger to pedestrians using the highway. The decision was made by a Senior Planning Officer under delegated authority, with the report prepared by Mr A Holmes and the decision signed by Mrs P Faragher.
The application was refused on 23 January 2012. The deciding officer concluded that the applicant had no legal means to control the height of the existing hedge and fence on either side of the access land at its junction with Cool Avenue, meaning the access arrangement would create a significant danger to pedestrians using that road.
Refusal Reasons
Policy 5.11 (Isle of Man Planning Scheme Kirk Michael Local Plan 1994)
Any future development proposals must take heed of the continuing erosion of the coastline in this area
e developed for public enjoyment. However, in order to finance this, provision would have to be made for an element of enabling residential development. Inspector's Conclusions 459 Paragraph 5.11.1 of the draft Area Plan records that Wildlife Sites are designated by the Manx Wildlife Trust, with the support of DEFA. As I understand matters, the Tromode Dam Wildlife site has already been designated. Map 1a of the draft Area Plan simply records this, to show where one of the restrictions on development, set out in Environment Policy 4 of the Strategic Plan, will apply. I have seen no technical evidence to indicate that this designation is unwarranted. 460 Although land at Castleward Farm was allocated for recreational, leisure and tourism development in the Braddan Local Plan in 1991, no such development seems to have taken place in the ensuing 28 years. I understand that there would be little prospect of it taking place in future, in the absence of enabling residential development. However, the Strategic Plan indicates that new residential development will be permitted in the countryside only in specified exceptional circumstances, none of which would apply in the present case. In the circumstances, I am not satisfied that there is a case for allocating any part of Castleward Farm for housing, or for development for the purposes of recreation, leisure or tourism, contrary to Strategic Plan policy. That includes the land which is no longer reserved for DHSS requirements. Accordingly, I recommend that no action be taken in response to this objection. Late Site 3 between Braaid Hall and Braaid Cottage, Braaid 461 This site, which measures about 0.06ha, consists of one of four plots which formerly formed part of Braaid Farm. In the 1970s it was granted planning approval for residential development, but this was not taken up. However, the plots on either side have now been developed. The plot to the west is now occupied by the Braaid Young Men's Club Hall. The plot to the east has now been incorporated into the garden of Braaid Cottage, and contains a domestic garage. Late Site 3 is not allocated for development in the draft Area Plan. 462 The owner of this site objected that it was inequitable that this site should not be allocated for residential development. He referred particularly to Section 8.8 of the Strategic Plan, which deals with the potential for additions to be made to existing groups of houses in the countryside. I deal with that matter in paragraphs 237 to 240 above. 463 Braaid is a small cluster of dwellings and other buildings, grouped around a crossroads in a rural area. It is not one of the listed settlements in Spatial Policies 2 to 4 or Appendix 3 of the Strategic Plan. Strategic Policy 2 of the Strategic Plan states that new development will be located primarily within existing settlements, or in sustainable urban extensions to those settlements; and that development in the countryside will be permitted only in specified exceptional circumstances, none of which apply in the present case. Spatial Policy 5 and
Isle of Man Strategic Plan 2007
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
Isle of Man Strategic Plan 2007
A precautionary approach will be adopted for development relating to land affected, or likely to be affected, by erosion
Isle of Man Strategic Plan 2007
Isle of Man Strategic Plan 2007
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.
