Loading document...
Case Officer: Mr Chris Balmer Photo Taken: 17.06.2014 Site Visit: 17.06.2014 Expected Decision Level: Officer Delegation
1.1 The application site forms the curtilage of land adjacent to Glen Mona Hotel Car Park, Glen Mona, Maughold. The site is a parcel of undeveloped land located along the eastern side of the Glen Mona Loop Road and south east of the Glen Mona Hotel (public house). The Manx Electric Railway runs along the eastern boundary of the site.
1.2 The site forms a "L-shape" with only half of the total width of the site directly fronting onto Glen Mona Loop Road. The Glen Mona Hotel Car Park is immediately adjacent to the site, which ground level is set above that of the application site. The sites ground level is sloping in nature, running downwards in an easterly direction from the Glen Mona Loop Road to the railway line. It was also noted that the ground level just behind the roadside boundary which fronts onto the highway, is set approximately 1/2 metres below the highway level.
1.3 The boundaries of the site are characterised by larger mature trees and hedgerows along the eastern and southern boundaries of the site. The central section of the site has a relatively open aspect, albeit overgrown which shrubs. The roadside boundary (west) consists of a variety of shrubs.
2.1 The application seeks approval for the approval in principle for erection of a dwelling. A new access with visibility splays of in both directions would be located along the western boundary of the site accessing onto the Glen Mona Loop Road and would serve the proposed dwelling. Indicative drawings submitted, indicate that there would be a single detached, split level property with an integral garage.
2.2 The proposal indicates that the majority of the existing roadside hedgerows and boundary trees would remain.
2.3 The applicants indicated that since a planning application for developing the site in 1993/94 was refused, there has been very little development in the vicinity and a very suitable split-level dwelling would be appropriate on the site. They indicate views would be very restricted due to the contours of the adjacent land and the established hedges along the boundaries of the site. The mature trees and hedgerows would be retained.
| Application No.: | 14/00607/A |
| Applicant: | Heron & Brearley Ltd |
| Proposal: | Approval in principle for erection of a dwelling |
| Site Address: | Land Adjacent To Glen Mona Hotel Car Park Glen Mona Ramsey Isle Of Man |
3.1 The application site is within an area recognised as being an area of "High Landscape or Coastal Value and Scenic Significance" not zoned for development, under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area.
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. Glen Mona, 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 Environment Policy 3 states: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value."
3.7 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:
3.8 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: (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 existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."
4.1 The previous planning applications are considered relevant in the assessment and determination of this application:
4.2 Approval in principle to erect a detached dwelling - 09/01067/A - Field 624255 & 624256, Glen Mona Loop Road, Glen Mona (to the south of the site, first fields as you cross railway line, adjacent to the dwelling "Fieldhead") - REFUSED at APPEAL on the following grounds:
"R 1. The application site is not zoned for development and is within an area of High Landscape Value or Coastal Value and Scenic Significance. Therefore the proposal is contrary to both adopted general planning policy within the Isle of Man Strategic Plan and The Isle of Man Development Plan, which seek to restrict such development to appropriate towns and villages. Approval of the planning application would result in unwarranted residential development in the countryside."
4.3 Approval in Principle for erection of dwelling with garage, site adjoining Glen Mona Hotel car park, Maughold - 91/00734/A - REFUSED at APPEAL.
5.1 Maughold Commissioners make the following comments:
"The commissioners note the decision made on PA 09/01067/A in the immediate vicinity of this application. For consistency this decision should be taken into account in deciding on the above application. Importantly and as far as the Commissioners are aware, the land is not zoned for development."
5.2 Highways Division have no objection subject to the following conditions:
"Visibility splays of 2.4 x 70 metres must be provided in each direction. Nothing must be planted, erected or allowed to remain with the visibility splay that exceeds or may exceed one metre in height. A vehicular turning area must be provided in order that a vehicle and access and egress in a forward gear.
The applicant shall contact the Network Operations Section of the Department of Infrastructure prior to carrying our any works within the highway, including the installation of dropped kerbs. Telephone 686665."
5.3 The Senior Biodiversity Officer from the Department of Environment, Food and Agriculture makes the following comments that they have records of Japanese Knotweed from the car park. This is Wildlife Schedule 8 plant. The site should be checked for this species before any development.
5.4 The Manx Utilities Authority - Electricity makes no comments on the merits of the application but have asked for informative notes to be attached to any planning approval.
5.5 The Chief Engineer, Public Transport Division, Department of Infrastructure has commented on the application which can be summarised as; MER runs adjacent to the site and there are high voltage overhead wires above the tracks; the management of water and potential runoff affecting the railway formation or overloading of existing drainage systems; adequate access for future maintenance of the dwelling e.g. ladders and scaffolding being in proximity to overhead live wires; and risks to the railway during construction and scaffolding and material lifting causing an obstruction of the railway.
5.6 The owners/occupants of Ballasholague, Glen Mona Loop Road, Glen Mona have objected to the application which can be summarised as; overlooking into house and garden highway safety concerns of the new access; believe mature trees would need to be felled; concerns of capacity of the existing sewerage system; and another dwelling was refused 100 yards from the site last year.
5.7 The owner/occupant of Archallagan, Loop Road, Glen Mona has objected to the application which can be summarised as; loss of mature trees would need to be felled; overlooking into home; poor drainage of site which is normally flooded and remains underwater during winter periods; and another dwelling was refused in the past 5 years and ask this application is refused for same reasons.
5.8 The owner/occupant of Oban Cottage, Glen Mona has objected to the application which can be summarised as; from the Glen Mona Electric Railway stop (footpath crosses the track) no building can be seen and the view is of trees along the track. This should continue to be the situation.
6.1 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, half of 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 dwellings do 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 Furthermore, 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. The applicants have argued that there has been no new development in the area for a number of years. Whilst this is a correct statement, this is what Spatial Policy 4 tries to achieve.
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 four dwellings 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 It should also be noted that an application for a single dwelling on nearby fields 624255 & 624256, was refused at appeal on the grounds that the land was not designated for development and contrary to the Development Plan and the Strategic Plan.
6.11 It should be noted that whilst it is the applicants intention to retain the mature trees and hedgerow on the site, the Planning Authority has experience similar situations where subsequent development has taken place but the new owners/occupants of the approved dwelling, then seek for such landscaping/trees being removed on health and safety grounds or amenity grounds. Generally, the DEFA – Forestry Division have found it difficult not to allow the felling of mature trees which raise such health and safety concerns. Accordingly, if the application is approved, it needs to be accepted and acknowledged that the likelihood of landscaping being felled on the site increases.
6.12 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.
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 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application, Department of Environment, Food and Agriculture, Public Transport Division (Department of Infrastructure), Highway Services, and the Local Authority in whose district the land the subject of the application sits.
8.2 In line with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
The owner/occupant of Archallagan, Loop Road, Glen Mona The owners/occupants of Ballasholague, Glen Mona Loop Road, Glen Mona
8.3 In line with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
The Manx Utilities Authority - Electricity The owner/occupant of Oban Cottage, Glen Mona
Recommended Decision: Refused
Date of Recommendation: 28.07.2014
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 /Head of Development Management/ Senior Planning Officer.
Decision Made : Refused Date : 29-7-14
Signed : ... Chris Balmer
Senior Planning Officer
Signed : ... Michael Gallagher
Director of Planning and Building Control
Signed : ... Sarah Corlett
Senior Planning Officer
Signed : ... Jennifer Chance
Head of Development Management
Copyright in submitted documents remains with their authors. Request removal
