Officer Planning Report

Planning Report And Recommendations {{table:20705}} {{table:20706}}

Officer's Report

The Application Site

1. The application site comprises a parcel of land located between properties known as West Kella and Kella Sheear on the western side of Kella Road in Sulby, Lezayre. The site is currently forms part of the garden of Kella Sheear. The site is bounded by mature trees and access is via an existing access onto Kella Road

The Proposal

1. The planning application seeks approval in principle for the erection of a dwelling on the application site. The submitted planning application comprises the completed application form, a location and site plan with the application site outlined in red that shows an indicative footprint of a dwelling, photographs of the application site, and a supporting statement.

Planning History

1. The application site has been the subject of a number of previous planning applications, one of which is considered specifically material to the assessment of this current planning application:

1. Planning application 09/01376/A sought planning approval in principle for the erection of a dwelling on the same application site. This previous planning application was refused on the 6th November 2009.

Planning Policy

1. In terms of land use designation the application site is located within wider areas of land that are designated as a) an area of private woodland; and b) high landscape or coastal value and scenic significance under the Isle of Man Planning Scheme (Development Plan) Provisional Order 1982.

1. The site is zoned as an area of 'High Landscape or Coastal Value and Scenic Significance' and an 'Area of Private Woodland' in the Isle of Man Development Plan 1982

1. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains eleven policies that are considered specifically material to the assessment of this current planning application.

1. Strategic Policy 1 states:

"Development should make the best use of resources by: a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings and re-using scarce, indigenous building materials; b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards and c) being located so as to utilise existing and planned infrastructure, facilities and services".

1. Strategic Policy 2 states:

"New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3".

1. Strategic Policy 10 states:

"New development should be located and designed such as to promote a more integrated transport network with the aim to: a) minimise journeys, especially by private car; b) make best use of public transport, c) not adversely affect highway safety for all users, and d) encourage pedestrian movement."

1. Spatial Policy 2 states:

"Outside Douglas, development will be concentrated on the following Service Centres to provide regeneration and choice of location for housing, employment and services - Ramsey, Peel, Port Erin, Castletown, Onchan. Area Plans will define the development boundaries of such centres so as to provide a range of housing and employment opportunities at a scale appropriate the settlement."

1. Spatial Policy 3 states:

"The following villages are identified as Services Villages - Laxey, Jurby, Andreas, Kirk Michael, St. John's, Foxdale, Port St. Mary, Ballasalla, Union Mills. Area Plans will define the development boundaries of such villages so as to maintain and where appropriate increase employment opportunities. Housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing."

1. Spatial Policy 4 states:

"In the remaining villages development should maintain the existing settlement character and should be of an appropriate scale to meet local needs for housing and limited employment opportunities - Bride, Sulby, Ballaugh, Glen Mona, Baldrine, Crosby, Glen Vine, Glen Maye, Dalby, Ballafesson, Colby, Ballabeg, Newtown, Strang. Area Plans will define the development boundaries of such settlements so as to maintain their existing character".

1. Spatial Policy 5 states:

"New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3."

1. General Policy 3 states:

"Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

• (a) essential housing for agricultural workers who have to live close to their place of work (Housing Policies 7, 8, 9 and 10);
• (b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11);
• (c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current

situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment;

• (d) the replacement of existing rural dwellings (Housing Policies 12, 13 and 14);
• (e) location-dependant development in connection with the working of minerals or the provision of necessary services;
• (f) building and engineering operations which are essential for the conduct of agriculture or forestry;
• (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and
• (h) buildings or works required for interpretation of the countryside, its wildlife or heritage".

1. Environment Policy 1 states:

"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 overriding 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."

1. Environment Policy 2 states:

"The present system of landscape classification of Areas of High Landscape of 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 difference 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:

• (a) the development would not harm the character and quality of the landscape; or
• (b) the location for the development is essential."

1. Housing Policy 4 states the following:

"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 the adopted Area Plans: otherwise new housing will be permitted in the countryside only in exceptional circumstances:

• (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10;
• (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and
• (c) the replacement of the existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."

REPRESENTATIONS

1. Lezayre Parish Commissioners stated that they wished to defer their decision on the planning application until after their meeting on the 2nd August 2012. A letter received 13th August states that the application is recommended to be approved.

1. The Department of Infrastructure Highways Division object to the planning application the basis they do not consider the proposal to meet highway policies and standards. Specifically, they require further information on visibility from the proposed access to properly assess the proposal and question whether the existing access is wide enough to accommodate two-way traffic. A minimum standard of 4.1m wide for the first 6.0m would be required.

1. The Manx Electricity Authority expresses an interest in the planning application. The contents of their representation relate to non-planning considerations.

1. The owner and/or occupant of West Kella Barn, which is understood to directly adjoin the application site, object to the planning application. The grounds for their objection can be summarised as concern that the proposal represents unwarranted development in the countryside that is contrary to planning policy, that the site is too small to be reasonably development and that the proposal would result in adverse harm to the amenity of adjoining property. They refer to the similarity of the proposal to previously refused planning application 09/01376/A.

1. The owners and/or occupants of West Kella, which is understood to directly adjoin the application site, object to the planning application. The grounds for their objection can be summarised as concern that the proposal represents inappropriate development out of keeping with the area and that the proposal would result in adverse harm to the amenity of adjoining property. They refer to the similarity of the proposal to previously refused planning application 09/01376/A and also refer to the refusal of earlier planning application 98/01478/B.

Assessment

1. The proposed development is basically the same as that proposed and refused by previous planning application 09/01376/A. Whilst the Planning Authority can decline to consider planning applications that propose something that is significantly the same as a planning application previous refused within the last five years it is normally held that this normally only applies when the previous planning application was fully tested by appeal. As the refusal of previous planning application 09/01376/A was tested by appeal it is considered reasonable to accept and consider the current planning application.

1. The starting point for the assessment of the principle of residential development is the land use designation of the application site. As stated earlier in this report, the application site is located within wider areas of land that are designated as a) an area of private woodland; and b) high landscape or coastal value and scenic significance under the Isle of Man Planning Scheme (Development Plan) Provisional Order 1982. A number of planning policies contained within the Isle of Man Strategic Plan 2007 set out a strong presumption against development outside of areas designated for development to ensure that development is sustainable and that the amenities of the countryside are protected. As was concluded with previous planning application 09/01376/A, the proposed development is contrary to those planning policies and thereby unacceptable. The proposal would constitute unwarranted and unsustainable development within the countryside. Whilst the application site may form part of an existing residential property but that does not automatically confer a status that would justify new residential development.

1. Setting aside the land use designation and planning policy issues the planning application also fails to provide sufficient information to demonstrate that appropriate vehicular visibility from the proposed access can be provided and it is unclear whether the access would be shared. This is considered to be an additional reason for refusal of the planning application.

Recommendation

1. It is recommended that the planning application be refused.

Party Status

1. It is considered that the following parties that made representations to the planning application should be afforded interested party status:

• Lezayre Parish Commissioners;
• The owner and/or occupant of West Kella Barn; and
• The owners and/or occupants of West Kella.

1. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

The Department of Infrastructure Highways Division; and The Manx Electricity Authority.

Recommendation

Recommended Decision: Refused

Date of Recommendation: 15.08.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals

R 1. The development proposed by the planning application represents unwarranted and unsustainable development within the countryside. As such, the proposal is concluded to represent unwarranted development within the countryside contrary to the provisions of Strategic Policy 1, Strategic Policy 2, Strategic Policy 10, Spatial Policy 5, General Policy 3, Environment Policy 1, Environment Policy 2 and Housing Policy 4 of the Isle of Man Strategic Plan 2007.

R 2. The planning application fails to provide sufficient information to demonstrate that appropriate vehicular visibility from the proposed access can be provided and it is unclear whether the access would be shared.

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: 21/8/12

Determining officer (delete as appropriate)

Signed: ... Anthony Holmes Senior Planning Officer

Signed: ... Michael Gallagher

Signed: ... Jennifer Chance

Director of Planning and Building Control Development Control Manager

Director of Planning and Building Control Development Control Manager

15 August 2012

15 August 2012