29 January 2013 · Committee
Land Adjacent To, Ginger Hall Hotel, Ballamanagh Road, Sulby, Isle Of Man, IM7 2hb
This application sought permission to build six detached dwellings with garages on land adjacent to the Ginger Hall Hotel, Sulby, Lezayre. The site sits between the hotel and Carrick Park, with frontage onto both the A3 and Ballamanagh Road, though vehicle access was proposed solely from Ballamanagh Road. A full set of amended drawings was submitted during the application process to address errors in the original submission. The Department of Infrastructure refused the application in January 2013, with the officer also recommending refusal. Two specific reasons were given: the density of development was considered over-intensive, producing a cramped layout that would not provide acceptable private amenity for future residents and left no space for landscaping; and the proposed access failed to achieve the required visibility splay onto Ballamanagh Road to serve six dwellings safely. The site has a substantial planning history, with eight previous applications recorded.
The Department of Infrastructure refused this application on two grounds. First, fitting six dwellings onto the site would create an overcrowded layout with inadequate private amenity space and no room for landscaping. Second, the access onto Ballamanagh Road does not meet the required visibility standards needed to serve six dwellings safely.
Refusal Reasons
All new residential development within proposed development areas 2 to 5 shall be undertaken in accordance with the residential development briefs outlined above.
Sulby Local Plan
Other than those areas specifically designated for development and identifies on the scheme order, no other areas should be released for new development during the lifetime of this local plan.
Sulby Local Plan
Development should make the best use of resources
Isle of Man Strategic Plan 2007
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. 4.2.2 In pursuance of (c) abo ve, the Department will, when formulating its programme for the preparation of new Area Plans, have particular regard to: (a) the availability of mains drainage connected to IRIS or other mains systems; (b) securing the future viability of rural primary schools; (c) the public investment in the Island's highway, bus, railway and tramway networks; (d) the provision and availability of water; and (e) community facilities. 4.3 Environment 4.3.1
Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan
Isle of Man Strategic Plan 2007
General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
The Department will seek to ensure an adequate supply of housing land
Isle of Man Strategic Plan 2007
Housing Policy 2: The Department will seek to ensure an adequate supply of housing land, based on the level of provision indicated in Housing Policies 1 and 3. The Department will keep under review land that is allocated for residential development in existing Local Plans and in the Area Plans to ensure that the land is available for development, to enable the number of dwellings to be built that are set out in Housing Policy 1. Where it appears to the Department that land that is allocated for development in a Local Plan or an Area Plan is not available for development, then it will consider, through a review of the Area Plan, making alternative land available and retaining the unavailable land in a land -bank for possible future development. In doing so, the Department wi ll have regard to any phasing proposals for the development of land that are identified in the Area Plan. 8.5 Distribution of Housing 8.5.1 Having regard to the Strategic Objectives in Chapter 3 and the Island Spatial Strategy in Chapter 5, the Depart ment proposes that, whilst development opportunities should be distributed within the Island in accordance with the distribution described at paragraph 5.22, there should be a general policy of containment of built development rather than dispersal and where development should be contained within specific areas within the Island rather than scattered randomly within it. In particular, (a) containment produces greater efficiency and sustainability in terms of the provision of essential infrastructure (power, drainage, roads, schools, water and other utilities); (b) containment minimises the visual intrusion of development in undeveloped areas, thus protecting the significant and unique beauty of the unspoiled areas of the Island and maintaining the majority of the Island for the benefit of agricultural production and nature conservation; (c) the promotion of development in individual villages and towns promotes the interaction of those who live and work there thus promoting the social qualities of life and the provision of social facilities (shops, public houses, cinemas, sport ing facilities etc) in an economical and efficient form; and (d) containment supports the principle of an efficient and effective public transport system whereby access to the system is easily afforded to the majority of the population thus reducing reliance on the private motor vehicle, supporting the reduction of the use of finite fuel resources and reducing the potential for pollution and congestion. 8.5.2 The Consultation Draft of 2000 introduced the concept of a new settlement as a means of accommodating increasing demands for new development, but this idea has been rejected by the Department for the reasons set out in Appendix 3. 8.5.3 The final stage in calculating the overall housing requirement figure is to examine the spatial distribution of househ olds across the North, South, East and West. The approach for this distribution is underpinned by the Island Spatial Strategy set out in Chapter 5 of this Plan. The Department has analysed development trends across the four Areas and made an assessment of the settlements within each of them. Having an understandable method for the distribution of housing across the Island is essential as the Area Plans produced will be the mechanism by which the Department will identify opportunities to deliver housing a nd other associated facilities, services and infrastructure requirements. The Department, having considered the development trends since 2001 , as well as settlement pattern and characteristics, concludes that the spatial distribution of housing for the four Areas should be as set out below. These numbers were rounded, allowing sensible working figures for each Area. Therefore the overall housing requirement figure for the Island is 5100. Spatial distribution based on past development levels (planning approval data) 2001 to 2013 Spatial distribution based on development levels (rounded) North 762 770 South 1118 1120 East 2438 2440 West 762 770 Total 5080 5100 8.5.4 In line with the provisions of the Island Spatial Strategy it is intended that new housing provision should be distributed in the following general way. Area Plans will review existing housing allocations against sustainability criteria and other Policies in the Isle of Man Strategic Plan. Current hous ehold data and approval statistics for new dwellings are set out in Appendix 8.
New housing will be located primarily within our existing towns and villages
Isle of Man Strategic Plan 2007
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. 8.5.6 The anticipated increase in the total number of dwellings on the Island over the Plan period is approximately 14%. By administering the programme of Area Plan preparation, the Department will ensure that there is sufficient land zoned for residential development to meet the overall housing requirement figure required by Housing Policy 1. The Department has resolved to prepare under the provisions of the Town and Country Planning Act 1999 four Area Plans which will concentrate upon larger areas of the Island. These will focus on the North, West, East and South of the Island and correspond with those areas discussed at paragraph 5.9 of the Spatial Strategy Chapter. 8.6 Affordable Housing 8.6.1 The Department is concerned about the increasing difficulties of securing the provision of affordable housing across the Island. The Department can, and does as a Housing Authority, intervene financially to provide financial support to local Authorities; financial support to prospective owner occupiers (through the House Purchase Assistance Scheme 2002) and by direct provision of new houses to rent. The provision of affordable housin g is a material consideration in the preparation of the development plan. In the current situation the Department considers that, to secure an adequate provision of affordable housing, it is appropriate to require that any area of land identified for hous ing purposes should include a contribution towards the provision of affordable housing. 8.6.2 There are currently around 1,584 (as at 31 st March 2007) households on the General Housing Waiting List. In addition, there are some 690 (as at 31 st March 2007) households registered with the Department under the House Purchase Assistance Scheme (HPAS). This indicates a total current need of some 2,274 households for affordable housing. (1) Sustainable Urban Extensions are defined in Appendix 1 8.6.3 In the current circumstances the Department considers that approximately 25 % of new housing provision should take the form of affordable housing. In assessing the appropriate percentage in each instance, the Department will have regard to the fact that the figure is a target over the Plan Period as a whole; to evidence of local housing need; to the nature of the land and viability of the scheme; and to the nature of existing adjacent housing. The 25% provision will be monitored and reviewed as part of any review of the Strategic Plan.
Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan
Isle of Man Strategic Plan 2007
Housing Policy 6: Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive. 8.8 Groups of Houses in the Countryside 8.8.1 There are in the countryside man y small groups of dwellings which, whilst not having the character of, or the full range of services usually provided in a village, nevertheless have a sense of place and community. These groups are found variously at crossroads, in places sheltered by trees or topography or around chapels, abandoned mills or smithys. 8.8.2 Adding further dwellings to these groups may not accord with our strategic objectives relating to settlements and sustainability but may assist in meeting the need of rural areas; may maintain social and family associations and assist in sustaining the rural economy; and may reduce the pressure for purely sporadic and isolated development which the Department would not support. Such additions would also need to be sensitively related to the existing settlement pattern and the landscape. 8.8.3 In the most recent local and Area Plans, the Department has in fact identified a number of these opportunities and in future Area Plans all groups of houses in the countryside will be assessed for d evelopment 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 o f 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. 8.9 New Agricultural Dwellings 8.9.1 As is indicated in Chapter 7 (at Section 7.14), permission will not be granted for new agricultural dwellings in the countryside unless there is real agricultural need demonstrated sufficient to off-set the general planning objections to new dwellings in the countryside. 8.9.2 Agricultural need should be established having regard to: (a) what living accommodation has been built on, or in association with the farm holding in the past, and how it is now occupied; and (b) who will occupy the proposed dwelling, and what role they will play in the operation of the farm; in some circumstances, there will be a legitimate need for a dwelling for a retiring farmer who proposes to vacate the farmhouse but to continue to assist on the farm.
The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.
Isle of Man Strategic Plan 2007
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 current standards are set out in Appendix 7. 11.5.4 New development can have a significant impact in terms of the traffic generated by it and the impact on the various modes of travel. The Department considers that proposals which are likely to be significant traffic generators should be accompanied by a Transport Assessment(1) which should look at all modes of transport including access by public transport, cycling and on foot.
residential development comprising four detached dwellings and garages on land adjacent to Ginger Hall Hotel, Ballamanagh Road, Sulby
residential layout for four building plots on land adjacent to Ginger Hall Hotel, Ballamanagh Road, Sulby
erection of two detached bungalows on land adjacent to Ginger Hall Hotel, Ballamanagh Road, Sulby
lapsed without implementation
planning approval in principle for the layout of two building plots, roads, and sewers on land adjacent to Ginger Hall Hotel, Sulby
planning approval in principle for the layout of roads, sewers and five plots on land adjacent to Ginger Hall Hotel, Sulby
planning approval in principle for plot layout for residential development on land adjacent to Ginger Hall Hotel, Sulby
planning approval in principle to erect dwelling plus single storey annexe on land adjacent to Ginger Hall, Sulby
never implemented
planning approval in principle to erect four detached dwellings with integral garages on land adjacent to Ginger Hall Hotel, Sulby