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SITE The application site forms a plot within the curtilage of Starley Cottage, Port Lewaigue, Ramsey, which is located on the southern side of Church Road (A15 Road) and southeast of the Colony.
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 and being a site of Ancient Monuments \& Sites of Archaeological Interest
Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:-
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.
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Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein.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:
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:
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:
Environment Policy 22: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution."
The following planning application is considered relevant in the assessment and determination of this application:
Approval in principle for erection of dwelling - 94/00592/A - REFUSED
The application seeks approval for the approval in principle to erect a dwelling.
Maughold Commissioners have objected for the following reasons:- "Members of the Commission noted the 1982 Isle of Man Development Plan which indicates that part of the Colony is zoned for residential development. It was noted that this site falls outside of this designated area.
A further matter which was considered by the Commissioners was drainage. The current drainage facilities in the Port Lewaigue area remain wholly inadequate. It is the view of the Commission that no new dwellings should be permitted in this area until an improved drainage system is installed."
Highways Division have objected to the application for the following reasons:- "Insufficient information provided on visibility splays ( metres) and off street parking arrangements to comment."
Water and Sewerage Authority:- "Defer as have requested percolation tests to prove soakaway for surface water disposal (the applicant is also looking in to rain harvesting), if this can't be deferred the Authorities stance is objection drainage not proven."
The Manx Electricity Authority make no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.
The owners/occupiers of Creg-ny-Geay, The Colony, Port Lewaigue, Ramsey, have objected to the application which can be summarised as; previous application on the site has been refused at appeal; site is within an area of High Landscape or Coastal Value and Scenic Significance and the site should not be developed; contrary to Environmental Policy 1; site given its size is too large to considered to be infill development; the creation of the new access results in any proposed dwelling be visible from highway; and the area is currently drained by a foul drain which runs directly, untreated into the sea polluting the beach significantly.
The owner/occupier of Old Chapel, Port E Vullen, Maughold, has objected to the application which can be summarised as; applicant does not own the land and impact upon view.
The owner/occupier of Folieu, Lewaigue, Maughold, has objected to the application which can be summarised as; applicant does not own the land;
The owners/occupiers of Cranstal Cottage, Port-e-Vullen, Maughold have objected to the application which can be summarised as; previously refused, nothing has changed; flooding concerns of the area and an increase of surface runoff into their property from the site; the proposal would have to connect into a private sewerage which discharges directly into the sea; and highway concerns of existing traffic from the site.
The owners/occupiers of Greycot, The Colony, Church Road, Port Lewaigue have objected to the application which can be summarised as; the proposal would have to connect into a private sewerage which discharges directly into the sea dangerous to public health; and highway concerns of existing traffic from the site.
The owners/occupiers of Thie Cassan Yack, Jack's Lane, Port E Vullen, Maughold, have objected to the application which can be summarised as; previously refused application for a dwelling on the site no changes in circumstances; drainage and services concerns; and proposal would result in a ribbon development creating a precedent.
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 three 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 and therefore a refusal can also be legitimately made on that basis as well.
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. It should also be noted that the Isle of Man Strategic Plan makes no provision for infilling.
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.
For these reasons the erection of a dwelling on this site is contrary to the relevant planning policies as indicated.
Within the area there is a major issue regarding foul sewerage and surface water runoff. This was highlighted by a previous planning application (06/01955/A) for a new dwelling within The Colony housing development, which is north of the application site. The application proposed the dwelling to be connected to the sewerage system which current outflows onto the beach/sea untreated.
The Planning Inspector for that application stated:- "On the issue of the disposal of foul water, I consider that it is most unsatisfactory that the Drainage Division has no objections to increasing the number of dwellings discharging on to the beach. I agree with the Objectors that this is contrary to the spirit of SP Environment Policy 22. I acknowledge that the discharge from a single dwelling may not have a "significant effect". However, continuing to add single dwellings to the sewerage system would be most undesirable, and this practice has to cease at some stage. In this particular case, Tynwald has adopted the SP, Environment Policy 22, recently. Therefore, this Policy has to be given considerable weight."
The applicant for the proposal under consideration now has indicated they would enter into the main sewerage system, i.e. out flowing onto the beach/sea.
This could potentially be overcome by the installation of a bio-disc which would treat any foul water before entering into the sewerage system; however, no information has been provided or has been proposed.
The Water and Sewerage Authority would have no objection if the submission proposed a bio-disc, nor would Environmental Protection who has been in discussions with the Water and Sewerage Authority. This measure would also be within the available discharge capacity, which would not be the case if the foul sewerage entered the main drainage system untreated.
Due to this, it is considered the Appeal Inspectors comments as indicated previously, are very relevant for this application site as well. Therefore it is considered to add a further dwelling to the existing sewage system would also be contrary to the Isle of Man Strategic Plan, particularly Environmental Policy 22. This policy seeks to prevent development which would unacceptably harm the environment and/or the amenity of nearby properties in terms of pollution of sea, surface water or groundwater and emissions of airborne pollutants.
Regarding the surface runoff, this is also an area of concern. The Water and Sewerage Authority have deferred making a decision until percolation tests have been undertaken, to prove soakaway for surface water disposal. They go on to state that if the details are no provided then they would object.
This concern could potentially be overcome by rain harvesting systems which store water or swales which were accepted by the Minister for the subsequently approved application (08/00672/A) which followed the refused application mention previously (06/01955/A).
However, no details have been provided to prove this is possible and therefore the Authority considered a satisfactory means of permanently dealing with surface water disposal has not been adequate demonstrated.
Whilst only an application for approval in principle, it is necessary to be satisfied that sewage and surface water disposal is feasible. The submitted application has not adequately demonstrated this.
In terms of the impact on the highway network, access and parking. No specific details have been provided, however there is already an access at the site and the road is straight. Furthermore the site is of a substantial size and it is clear that adequate parking could be provided. Consequently, there is no objection to the development on this basis.
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.
PARTY STATUS It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:-
Maughold Parish Commissioners Water and Sewerage Authority
The owners/occupiers of Thie Cassan Yack, Jack's Lane, Port E Vullen, Maughold The owners/occupiers of Greycot, The Colony, Church Road, Port Lewaigue The owners/occupiers of Cranstal Cottage, Port-e-Vullen, Maughold The owner/occupier of Old Chapel, Port E Vullen, Maughold - Letter not from owner/occupier The owners/occupiers of Creg-ny-Geay, The Colony, Port Lewaigue, Ramsey not issued
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 Manx Electricity Authority The owner/occupier of Folieu, Lewaigue, Maughold - Letter not from owner/occupier 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.
Recommendation
Recommended Decision: Refused Date of Recommendation: 12.08.2010 Conditions and Notes for Approval / Reasons and Notes for Refusal
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 General Policy 3, Environmental Policies 1 and Housing Policy 4 of the Isle of Man Strategic Plan.
R 2. The proposed development, which would seek a method of disposal of foul sewage via an outfall which discharges untreated onto the beach would unacceptably harm the environment and would be contrary to Environmental Policy 22 of the Isle of Man Strategic Plan.
R 3. No details have been provided to satisfactorily address the means of surface water disposal. The proposal could therefore cause unacceptable harm to the environment contrary to Environment Policy 22 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.
Decision Made : Refused Date : 27/06/10
Signed : ______________________________ M. I. McCauley Director of Planning and Building Control
Jannity Chance Senior Planning Officer
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