The application site is a small enclosed area of private garden situated to the west side of Kella Road, just to the north of the main part of the village of Sulby. Kella Road is a narrow lane off of which there is a small number of dwellings.
The site is bounded by neighbouring dwellings on either side to the north and south. The lane is tree lined and there are several tall pine trees at the front of the site next to the lane. There is a tall fence along the boundaries of the site which give the site an enclosed feel.
The area of the site is approximately 0.07 ha. It is relatively flat and consists of mainly a grassed area with a concrete drive on the south side. There are various small fruit trees. There is also a green house on the north side.
The Proposal
The application seeks approval in principle for the erection of a dwelling. Only a red line plan has been submitted - there is no indicative layout or elevations.
Planning History
The site has the following relevant history:
12/00858/A - approval in principle refused in 2012 for erection of a dwelling. The grounds for refusal were:
(i) 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.
Case Officer:
Mr Edward Baker
Photo Taken:
Site Visit:
18.06.2014
Expected Decision Level:
Officer Delegation
(ii) 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.
09/01376/A - approval in principle refused in 2009 for erection of a dwelling.
Planning Policy
The site is zoned as an area of 'High Landscape or Coastal Value and Scenic Significance' and an 'Area of Private Woodland' by the Isle of Man Development Plan Order 1982
The following policies in the Isle of Man Strategic Plan 2007 are considered relevant:
Strategic Policy 1:
'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(1) and amenity standards; and
(c) being located so as to utilise existing and planned infrastructure, facilities and services.'
Strategic Policy 2:
'New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3 [General Policy 3].'
Strategic Policy 5:
'New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies.'
Strategic Policy 10:
'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.'
Spatial Policy 5:
'New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.'
General Policy 1:
'The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations.'
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:
(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, historic, or social value and interest; (Housing Policy 11);
(c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; 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-dependent 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.'
Environment 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 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.'
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:
(a) the development would not harm the character and quality of the landscape; or
(b) the location for the development is essential.'
Housing Policy 4 states:
'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.'
Transport Policy 7:
'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.'
The application appears identical to two previous refused applications.
Unaware of any change in planning policy since then.
The only thing that has changed is the ownership of the site.
The area is already over developed. The proposal would be out of keeping.
Risk of overlooking of their property.
Assessment
Whether this is a suitable location in principle for a new dwelling
The site is un-zoned and situated in the countryside where development is strictly controlled and the countryside should be protected for its own sake. The Strategic Plan requires that development in the countryside is limited to the circumstances provided for by General Policy 3. The proposal does not accord with any of the exception criteria set out by this policy.
The Strategic Plan makes no provision for a new dwelling in this location. The site is unsustainable, being to the north of the village and not especially accessible to shops, services, jobs and public transport. Occupants of the dwelling would be reliant upon the private car, which would contribute to environmental pollution and congestion of rural roads. The proposal fails to accord with the core aims of the Strategic Plan which is to promote sustainable development in existing established towns and villages. There are no material considerations that indicate that planning approval should be granted contrary to the provisions of the Strategic Plan. The grounds for refusal of the previous application have not been overcome.
The effect of the proposal upon the character and appearance of the area
The site is an enclosed private garden which has been separated from the original neighbouring property. The proposal would represent infilling, the site being located between two dwellings. There are a number of houses along this part of the land. In this regard, it is not considered that a dwelling here would itself be harmful to the character and appearance of the area or wider landscape, although this was cited in the refusal of the previous application (by reference to Environmental Policies 1 and 2).
However, there are a number of pine trees at the front of the site. There is no indication as to how the site would be accessed or the effect of the visibility splays required by the Highways Service on these trees. It is not known whether any trees would need to be removed or the subsequent effect of this on the character and appearance of the area. In the absence of this information, it is recommended that the application be refused. This would be an additional ground for refusal of the application.
Access and parking
The previous application was refused partly on the grounds that the proposal failed to demonstrate that adequate visibility can be secured. The plan provided with the application is unscaled and it is unclear whether the necessary visibility splay can be achieved. The previous grounds for refusal have therefore not be overcome.
The effect of the proposal upon neighbour amenity
Contrary to the concerns of local people, it is considered that the site can accommodate a dwelling without undue harm to the amenity of neighbours, including impacts such as overlooking, loss of light and overbearing.
RECOMMENDATION
The application has not overcome the grounds for refusal of the previous application and it is recommended that it is refused. An additional refusal reason is recommended and the wording of the remaining two refusal reasons tightened and made more specific to the actual harm caused.
PARTY STATUS
The following parties should be afforded interested person status:
The local authority, Lezayre Parish Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status
The Highways Service is granted interested party status under the Town and Country Planning (Development Procedure) Order 2013 paragraph 6 (4) d
Owner/Occupier of West Kella, Sulby - immediate neighbor
The following parties should NOT be afforded interested person status:
Manx Electricity Authority
Recommendation
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 site is situated on unzoned land in the countryside where development is strictly controlled and the countryside should be protected for its own sake. New development should be steered to existing towns and villages. The site is an unsustainable and inappropriate location for a new dwelling being not well related to shops, services, jobs and public transport. Occupants of the proposed dwelling would be reliant upon the private car for transport which would add to pollution and congestion on rural lanes. The proposal fails to accord with Strategic Policies 2 and 10, Spatial Policy 5, General Policy 3 and Housing Policy 4 of the Isle of Man Strategic Plan 2007, and in the absence of any overriding material considerations is unacceptable.
R 2.
The proposal fails to demonstrate that adequate vehicular visibility from the proposed access, which is required in the interests of highway safety, can be provided. The Planning Authority cannot therefore ascertain whether the dwelling would be served by a safe and suitable means of access.
R 3.
This part of Kella Road is tree lined and there are a number of pine trees at the frontage of the site. There is no indication as to how the site would be accessed or the effect of the visibility splays required by the Highways Service on these trees. It is not known whether any trees would need to be removed or the subsequent effect of this on the character and appearance of the area. In the absence of this information, the Planning Authority cannot properly ascertain the impact of the dwelling on the visual amenity of the area, as it is otherwise required to do having regard to Environmental Policies 1 and 2 of the Isle of Man Strategic Plan 2007.
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.
