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1.1 The application site forms the curtilage of Field 514231, Court Farm, Main Road, Santon which is a parcel of undeveloped land located along the eastern side of Main Road (A5) and southwest of Court Farm which is also within the ownership of the applicant.
2.1 The application seeks approval for the approval in principle for erection of dwelling and garage. The proposed dwelling would share the existing access and driveway with the neighbouring property Court Farm.
3.1 The application site is within an area recognised as being an area of "white land" not zoned for development, under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area; but is within an area zoned as High Landscape or Coastal Value and Scenic Significance.
3.2 Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:-
3.3 The Spatial Distribution Policies within the Strategic Plan set out the hierarchy of settlements, indicating that Douglas will remain the main employment and service centre for the island, with other towns as supporting service centres. Some large villages are identified as service villages where appropriate increase in employment and housing should be provided to meet local needs. Newtown, is classified as not within any of those service villages and consequently Spatial Policy 4 set out that these villages should maintain the existing settlement character and be of an appropriate scale to meet local needs for housing and limited employment opportunities. Area plans will define the development boundaries.
3.4 Environmental 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 over-riding 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."
3.5 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:
3.6 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:
3.7 Housing Policy 4: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) 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:
4.0 PLANNING HISTORY 4.1 The following planning applications are considered relevant in the assessment and determination of this application: 4.2 Approval in principle for erection of dwelling - 01/00543/A - REFUSED at appeal on the following ground:-
"The proposal for a dwelling on land that is not zoned for development, and is situated in an Area of High Landscape, or Coastal Value and Scenic Significance, would be contrary to the established policies of the Department. The Planning Committee is not persuaded that there exists sufficient justification to override such policies."
4.3 Approval in principle to the erection of a bungalow and garage - 87/04427/A - REFUSED 4.4 Approval in principle to construct dwelling - 85/00441/A - REFUSED 5.0 REPRESENTATIONS 5.1 Marown Parish Commissioners have no objections to the proposal.
5.2 Highways Division have recommended the application be approved subject to the following condition:- "subject to the imposition of the following condition - Existing driveway would now become a shared access, width of drive is required to be 4.1 metres wide for the first 6 metres"
5.3 The Manx Electricity Authority and the Water and Sewerage Authority make no comments on the merits of the application but have asked for an informative notes to be attached to any planning approval.
5.4 The owner/occupier of 33 Ballaquark, Douglas has objected to the proposal which can be summarised as; not zoned for development, within an area of High Landscape Value and Scenic Significance; should be protected from development; and it would contribute to the existing ribbon development detriment of the countryside.
6.1 The applicants indicate that Court Farm ceased being a farm 30 years ago. Since then there have been stables attached to the farm and the land used as a paddock for the keeping of horses, albeit this use has ceased. The submission indicates that the there is sufficient land still owned by the applicants if the use resumes and therefore the proposed site is surplus to requirements for Court Farm.
6.2 The applicants indicate further justification for the proposal by indicating that the site is between the former Methodist Chapel which benefited form planning approval to convert to a single dwelling recently (PA 11/0153/B). Also, adjacent to the site on it south side a large extension of Westmoor has been permitted along with the erection of a stable block immediately adjacent to the application site. Furthermore, they highlight the substantial redevelopment of a dwelling (Andrew), including an indoor ménage and access road has been permitted at Ballavartyn House for a large equestrian centre. The submission also indicates that the settlement of Newton is identified in the Isle of Man Strategic Plan 2007 as capable of accommodating growth, and there are no sites within Newton which are allocated for future development. In conclusion the submission indicates that this proposal would represent infill between residential properties and this site which has the benefit of existing mature landscaping would represent an unobtrusive infill in the locality.
6.3 Fundamentally, in terms of planning policy there is a long established presumption against new residential development in the countryside. As identified earlier within the planning policy section of this report, this presumption against is set out in four different ways. Firstly, the application site is not zoned for residential development under the 1982 Development Plan Order. Secondly, General Policy 3 of the Isle of Man Strategic Plan, states that in such areas new dwellings will generally not be permitted. Thirdly, the site is not identified in an adopted Area Plan as being within a town, village, or within a sustainable urban extension and therefore contrary to the exceptions indicated in Housing Policy 4. Fourthly, the site is zoned within an area of High Landscape or Coastal Value and Scenic Significance which seeks to prevent development unless the development is essential or would not harm the character and quality of the landscape, which the proposal would fail on both counts and therefore a refusal can also be legitimately made on that basis as well.
6.4 The proposed dwelling does not serve a viable agricultural holding nor replace an existing dwelling and therefore there are no special circumstances to warrant the setting aside of the presumption against. The development proposed by this planning application is therefore clearly contrary to the current policies of the Department.
6.5 It is perhaps important to also note Environmental Policy 1 and 2 apply to this submission. Environmental Policy 1 indicates that the countryside and its ecology will be protected for its own sake and development which would adversely affect the countryside will not be permitted unless there is an over-riding 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. It is not considered the proposal would have an over-riding national need, therefore the proposal would be contrary to this policy.
6.6 As the site is within an area of High Landscape or Coastal Value and Scenic Significance Environment Policy 2 also applies. This policy states that within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that, the development would not harm the character and quality of the landscape; or the location for the development is essential. It is not considered the proposal would comply with this policy.
6.7 The applicants argue that the Isle of Man Strategic Plan identifies the settlement of Newton as capable of accommodating growth. In fact the Plan within Spatial Policy 4 indicates that; "should maintain the existing settlement character and should be of an appropriate scale to meet local needs for housing and limited employment opportunities". Further to this, Spatial Policy 1 & 2 indicate that Douglas will remain the main employment and service centre for the Island and Ramsey, Peel, Port Erin, Castletown and Onchan will be Service Centres to provide regeneration and choice of location for housing, employment and services. Consequently, it is not considered The Strategic Plan supports the application from this respect.
6.8 Approval of such a scheme 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 a 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.
6.9 Additionally the Isle of Man Strategic Plan section 8.8 deals with groups of houses in the countryside. Whilst adding further dwellings to these groups may not accord with strategic objectives, the Department has however identified a number of these opportunities and in future Area Plans all groups of houses in the countryside will be assessed for development potential by identifying the village envelope or curtilage and providing the opportunity for appropriate development within this area. There may be some settlements where no additional dwellings will be permitted. In considering the definition of this curtilage or envelope, particular regard will be had to the value of existing spaces in terms of their contribution to the general character of the settlement or to public amenity more generally. It is important; however that such development is controlled by the development plan process rather than as ad hoc decisions taken in isolation.
6.10 Therefore, this application like the majority of applications the Planning Authority receives each year for new dwellings in the countryside, should be refused for being contrary
to strict and established planning policy which seeks to protect the countryside from development.
6.11 In terms of the impact on the highway network, access and parking, the indicative plan show the required turning and parking provisions within the site and the required visibility delays when exiting the site. The Highway Division has no objection to the proposal.
7.1 It is considered that the proposal would be contrary with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2007), and for the reasons set out in this report, it is recommended that the application be refused.
8.1 It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:-
Marown Parish Commissioners
8.2 It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:-
The owner/occupier of 33 Ballaquark, Douglas
8.3 The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommended Decision: Refused
Date of Recommendation: 12.06.2012
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
The erection of a dwelling on the proposed site which is located within an area not designated for development would be contrary to established planning policies aimed at protecting the Manx countryside and directing new residential development to locations that accord with sustainable development principles. For these reasons the proposal would be contrary to Spatial Policy 4, General Policy 3, Environmental Policies 1 & 2 and Housing Policy 4 of the Isle of Man Strategic Plan.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made : Refused Date : 12/6/12
Signed : _________________________ Anthony Holmes Senior Planning Officer
Signed : _________________________ Michael Gallagher Director of Planning and Building Control
Signed : _________________________ Jennifer Chance Development Control Manager
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