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Application No.: 16/00240/A Applicant: Tiger Tim Properties Limited Proposal: Approval in principle for erection of a dwelling addressing siting and means of access Site Address: Land At Ballacashin Farm Abbeylands Isle of Man Case Officer : Miss Abigail Morgan Photo Taken: 22.06.2016 Site Visit: 22.06.2016 Expected Decision Level: Planning Committee
THIS APPLICATION IS BEFORE PLANNING COMMITTEE AT THE REQUEST OF THE INTERIM DIRECTOR OF PLANNING AND BUILDING CONTROL
1.0 THE APPLICATION SITE - 1.1 The application site is a large roughly triangular piece of land comprises a parcel of land at Ballacashin Farm adjacent to the main farmhouse and an existing steel framed building, which is located towards the northern end of the minor road leading from Abbeylands to Lanjaghan Farm. The general area of hillside slopes down towards the south. - 1.2 The site defined in red is the curtilage of an existing steel farmed building, from which the applicant (together with his son) operate their 'depot'. The remainder appears to be a garden, grassed area with some mature plants. Within the red line there are also a number of other buildings, including a greenhouse. In the wider blue line is the main dwelling together with associated outbuildings.
1.4 There are two accesses into the site from the main road, one appears to access the main dwelling and the other, to the north, accesses the existing shed/storage building. Currently it is possible to use both accesses and drive round the whole site. - 2.0 THE PROPOSAL
2.1 The application is for an approval in principle for the erection of dwelling. Siting and means of access are the only matters to be determined now, however the Accompanying Statement does state that siting could be rearranged if considered appropriate. The current siting of the proposed dwelling is partly on the access land from the shed/storage building to the main dwelling. - 2.2 The submitted information indicates that approval in principle is sought for a bungalow of 147sqm, apx 7m x 21m, on land next to the shed/storage building or 'depot'. - 2.3 The applicant, who currently resides in the main dwelling, submitted the application citing personal circumstances for wishing to remain in the area, with his wife, who was confined to a wheelchair, and partially disabled son. The applicant wanted to construct a small bungalow to be able to care for his wife and also be at the site of the shed/storage/depot. Since the application has
3.1 The application site has had a number of previous applications. There are also a number of applications for development of land in the vicinity which may be considered of interest or relevance. - 3.2 On the application site the following are considered relevant; Erection of Dwelling
08/00579/A - Approval in principle to erect a dwelling and garage. Refused for the following reason;
A subsequent appeal against the refusal was dismissed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, Refused at Appeal 26th April 2001.
99/02319/A - Approval in principle for erection of dwelling. Refused for the following reason; "Whilst the applicant has some family connection with this area, this is not generally sufficient to overcome the policy objection against the development of new buildings in countryside such as this. Also, whilst there is a dwelling on the site, this has previously been used to support the building of the property now known as "Ballacashin" where this was granted on the condition that the existing cottage was demolished or used only for agricultural purposes."
3.3 Other application site related applications;
10/00473/LAW - Application for a certificate of lawful use for storage building. Approved for the following reason: The submitted application contains evidence sufficient to demonstrate that the building contained within the land defined by the red line on the location plan date stamped the 1st April 2010 has been used as a non-agricultural storage building for a period of time in excess of ten years.
10/00469/B - Extension to existing storage building Approved subject to the following condition;
The extension hereby approved shall be used only for non-commercial purposes in association with the legal use of the existing building.
87/00196/B - approval for the erection of a farm building on field 446, Ballacashin Farm, Abbeylands, Onchan. Approved on the 23rd March 1987.
3.4 Applications for land next door at Ballacashin 10/00294/B - Erection of an extension to provide a garage and additional living accommodation Status: Refused 17th May 2010
07/00147/A - Approval in principle for the demolition of existing building and erection of a replacement dwelling Status : Refused 3rd April 2007 for the following reason: Whilst it is recognised that extant planning approval exists for the conversion and extension of the existing dwelling the development proposed by this current planning application is materially different in that it proposes the erection of a new dwelling. As such the proposed development has to be assessed against local plan and general planning policy.
In the first instance the proposal is contrary to the zoning of the application site under the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000 and policy O/RES/P/22 of Planning Circular 1/2000, which seeks to protect the countryside from unwarranted development. Furthermore, the erection of new residential development in this location is contrary the general planning policy set out by Planning Circular 1/88, which also seeks to protect the countryside from unwarranted development. As such the proposed development is deemed to be unacceptable on the basis that it is contrary to the provisions of local plan and general planning policy.
05/00998/B Proposal: Conversion of building to a dwelling and extension Approved at Appeal 21st June 2006
02/00986/A - Approval in principle for conversion and extension to dwelling Approval extended for 24 months per PCM11.1/29/7/05. Status : Approved at Appeal 25th July 2003
4.1 The site lies within an area designated on the Onchan Local Plan of 2000 as Open Space. The Local Plan contains the following policy which is considered relevant: "O/RES/P/22
4.67 OUTSIDE THOSE AREAS DESIGNATED FOR RESIDENTIAL DEVELOPMENT NEW DWELLINGS WILL GENERALLY NOT BE PERMITTED WITHIN THE LOCAL PLAN AREA. THIS APPLIES PARTICULARLY TO THE RURAL PART OF THE DISTRICT WHERE THE COUNTRYSIDE IS ALREADY PROTECTED BY PLANNING CIRCULAR 1/88 THE PROVISIONS OF WHICH WILL CONTINUE TO BE APPLIED. IN ADDITION IT SHOULD BE NOTED THAT THE COUNTRYSIDE IN ITS ENTIRETY WITHIN THE DISTRICT IS DESIGNATED BY THE LOCAL PLAN AS OF HIGH LANDSCAPE VALUE AND SCENIC SIGNIFICANCE IN ACCORDANCE WITH THE PROVISIONS OF THE ISLAND STRATEGIC PLAN EASTERN SECTOR (PLANNING CIRCULAR 9/91)."
4.2 The Strategic Plan sets out the strategic and spatial aims of Government. There is a general presumption against the development of new housing outside existing settlements, as set out in the Strategic Aim, Strategic Policies 1c, 2 and 10, Spatial Policy 5, General Policy 3, Environment Policy 1 and Housing Policy 4, some of these are referred to in full below;
4.3 Strategic Policy 1 seeks that Development make the best use of resources by using previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials; ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards; and being located so as to utilise existing and planned infrastructure, facilities and services. - 4.4 Strategic Policy 2: Directs new development to towns and villages, and allows development in the countryside only in specified exceptional circumstances. - 4.5 Transport Policy 4: Requires new and existing highways that are to serve any new development 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. - 4.6 General Policy 3 sets out the exceptions where development may be allowed in the countryside. - 4.7 Housing Policy 4: 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 Onchan District Commissioners recommend that the planning application be refused on the grounds that; "There is a presumption against development in the countryside and there is no demonstration for agricultural need". 22.03.16.
5.2 DOI Highways Applicant requested further information on the access arrangements including visibility splays from proposed access, indicating that splays of 2.4 x 36 metres are required for a single dwelling. If this site is to be utilised by more than one property these splays may have to be increased. 07.03.16.
5.3 Amended plans showing the visibility splays were received and sent to Highways who subsequently confirmed that the visibility is acceptable. (21.07.16) If the application is to be approved the following conditions should be attached:
6.1 Section (10)4 of TCP Act 1999 and General Policy 1 of the IOM Strategic Plan 2016 require that the planning authority have regard to the provisions of the development plan and all other material considerations. The key issues in determining the application are whether the proposal accords with policy and whether there are other material considerations that justify the granting or refusal of planning approval. The control of development in the countryside
6.2 The site is situated in countryside where development is strictly controlled. However, the Strategic Plan makes provision for certain development in the countryside subject to certain criteria including assessment of the visual impact of the development, the effect on local amenity and character and quality of the landscape. The proposal is for the creation of a new dwelling. The site is not designated for development nor is it in area where new dwellings would generally be approved.
6.4 General Policy 3 defines 'previously developed land' as land which is or was occupied by a permanent structure; therefore this site could fall under this definition. However the proposal does not meet any of the subsequent criteria set out under General Policy 3 (c) or any of the criteria under Housing Policy 4. Character and Appearance of the Area - 6.5 With regards to impact on visual amenity and the character of the area as an Approval In Principle there is little to assess in terms of impact on visual amenity. However, it proposed to be a bungalow and the applicants are open to re-siting if considered appropriate. The red line currently extends to include the area where the shed/storage building/depot is located which would be quite an extensive residential curtilage. Although it is doubted that it was intended to be used all as a garden with all the accompanying domestic paraphernalia rather that it was intended to be nonagricultural and be the setting of an entrance to a large property and links to the 'shed/storage building/depot' and possibly to distinguish the proposed dwelling and the shed/storage building/depot from the main house. - 6.6 The area where the dwelling is proposed is behind the existing high conifer hedge which runs the length of the driveway which acts a screen and it would also be located to the rear of the depot when viewed from the road. Due to the topography, when viewed from above the application site any building would be viewed within the existing cluster of buildings. From this perspective the impact of the development on the character and of the area would be minimal.
Impact on Neighbouring Properties
6.7 Further consideration needs to be taken to ensure that an additional dwelling at the site would not adversely affect the existing amenities of what would become the neighbouring property Ballacashin Farm, with particular regard to noise and disturbance. - 6.8 They would be sharing an access and possibility a parking and turning area, while currently this would be by family members in the future it could use lived in by non-family which raises some cause for concern. - 6.9 Vehicular access from the highway to the proposed dwelling will result in vehicles driving past Ballacashin Farm. It is considered that with two families/sets of occupants living separately there would in all likelihood be an increase in comings and goings and general activity at the properties. - 6.10 While there may be a change to living conditions for the neighbouring property it does not necessarily equate to harm to living conditions. - 6.11 In this instance, it is considered that due to the secluded nature of Ballacashin Farm the proposed additional dwelling could unduly impact on the residential amenity of neighbouring occupiers at Ballacashin, sufficient to warrant a refusal on these grounds. Future Occupiers - 6.12 The proposed dwelling would be more than large enough, at 147 sqm, for a two bedroomed bungalow.
6.13 It is not clear from the submitted plans or information where the outside amenity or parking space would be. This sought of information would be clarified at reserved matters stage, in any event, should the application be successful. Impact on Highway / Parking - 6.14 The application would add another dwelling to the site. There are two accesses to the one which leads to the main dwelling and it's parking and turning area and another which leads to the shed/storage building, although currently they are linked. It is proposed to access the proposed dwelling via the northern access point. - 6.15 Strategic Policy 10 recognises that there is a direct link between the location of new development and its effect on the transport network by ensuring that development is in a sustainable location to minimise private car journeys, make best use of public transport and encourage pedestrian movement. - 6.16 It is important to note that DOI Highways have not objected to the proposal. On this basis the access is considered acceptable. Due to the remote location it is likely that the majority of journeys would be by private car as there is no access to any bus services. It is acknowledged for the current occupiers/applicants that this would not be an issue as much of the daily lives would revolve around the shed/storage building/depot, however it would result in a new dwelling in an unsustainable location contrary to Housing Policy 4 and Strategic Policy 10. Personal Circumstances - 6.17 The applicant is aware of planning policy, having had previous applications for new dwellings refused, the most recent in 2008. However, there is a recent decision taken at appeal for the erection of a new dwelling off the St. Mark's Road which was an approval (PA 15/00841/B). This land too is part of the countryside and where there is a presumption against development but permission was granted, recommended by the inspector and confirmed by the Minister, on the basis of a number of circumstances and judgements relevant to the applicants' personal circumstances. In that case the applicants and their five children live in a public sector house which is judged too small for their needs. For reasons personal to these applicants they are not able to secure a mortgage and made the argument that to have a dwelling built as proposed would relieve Government of responsibility for housing them. The inspector considered the visual impact of the proposed development to be "low" particularly bearing in mind that "it would be perceived mainly by people passing briskly in motor vehicles" (his paragraph 77). The inspector recommended that the application be approved on the basis that the applicant's present living conditions were severely overcrowded albeit not statutorily overcrowded and what was proposed was not excessive considering the applicants' family circumstances. - 6.18 This contrasts with a decision taken following a report prepared by the same inspector in the same appeal hearing week, for a new dwelling in the countryside, further to the west off the Ballamodha Straight where no such provision was made for any personal circumstances nor mitigating reasons to approve the application. That application, PA 15/00956/B was for the erection of a dwelling close to the ruins of a former dwelling which was thought to be occupied as recently as 1958. Whilst the applicant made no personal circumstance arguments as did the applicants in PA
6.19 Generally personal circumstances are insufficient on their own to justify setting aside wellestablished countryside protection policies and therefore do not generally carry much, if any weight in the taking of planning decisions. In this instance the applicant has provided such information in favour of their application and in the light of recent previous decisions it is part of the consideration.
6.20 At the start of the application the applicant's circumstances were such that due to his wife's illness the main Ballacashin Farm was too big for them and unadaptable to wheelchair use. He also needed to be there to care for his wife and have access to the shed/storage/depot due to the nature and value of the goods therein. More recently the applicant's wife has passed but the applicant still wants to continue with the application as the house is too large for his and his son's needs, he also wants a daily presence on the site for security. - 6.21 Regardless of the approval of PA 15/00841/B, there are many instances of people who could afford to build their own house in the countryside which would provide them with a more comfortable and desirable living environment, some of which will be health related. The planning system is there to ensure that there is sufficient land available for the appropriate level of housing to be built to satisfy those needs, rather than responding on an ad-hoc basis. - 6.22 It is certainly the case that what is proposed would have a limited visual impact, however general policy discourages development in the countryside for sustainable as well as visual reasons. Conclusion - 6.23 While part of the assessment finds in favour of the proposal, in that would it not unduly harm the character and quality of the landscape and so does not conflict with the provisions set out in Environment Policy 1. Planning policy is clearly aimed at resisting the erection of new dwellings in the countryside unless there are specific reasons for justification, with an emphasis on sustainability and access to infrastructure goods and services without reliance on private motor cars. This proposal would introduce a dwelling which is not in a location which is planned for development and a location which does not have immediate access to services and facilities and where the reliance on private motor vehicles is likely to be great. - 6.24 Having regard to the material considerations of the existing planning use of the site and external appearance of proposals and all other matters raised, it is considered that the balance of considerations do not weigh in favour of granting planning permission. - 6.25 As such, whilst there is considerably sympathy with the applicant's position and particularly his expected interpretation of a recommendation for refusal being inconsistent with the decision in respect of PA 15/00841/B, which it is; the application is considered to be contrary to established policy against development outside of established settlements and is recommended for refusal, in line with PAs 15/00956/A and 08/00579/A.
SUPPLEMENTARY NOTE 08.08.16 Due to the personal circumstances of the applicant the application was deferred to the next meeting.
SUPPLEMENTARY NOTE 22.08.16 The Planning Committee considered the application and whilst it was finely balanced considered based on the exceptional circumstances of the family and that due to the proposal being unobtrusive to APPROVE the application subject to the usual AiP conditions; retention of existing hedge; it be limited to single storey; and that the applicant or a member of his family be the first occupants.
Recommendation Recommended Decision: Refused
Date of Recommendation: 25.07.2016
Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Permitted Committee Meeting Date: 22.08.2016 Signed : A Morgan Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required YES/NO See supplementary note above
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.
Reason: This is an approval in principle and these matters require detailed consideration by the Department.
16/06/16 shall be constructed and the visibility splays shall remain unobstructed at a height of 1.05m thereafter.
Reason: In the interest of highway safety
Reason: This permission was granted initially exceptionally and only in view of the personal circumstances of the applicant.
This approval relates to Drawings ONC/BCASHIN/1 and Statement both date stamped received 26 February 2016 and Drawing and onc/bcashin/2a rev B date stamped received 16.06.16.
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