Officer Planning Report

Officer's Report

Application No.:	13/00186/A
Applicant:	Clypse Farms Ltd
Proposal:	Approval in principle for erection of a dwelling
Site Address:	Field 534582 Land Adjacent To Glen Side Slegaby Ride Onchan Isle Of Man
Case Officer:	Mr A Holmes
Photo Taken:
Site Visit:
Expected Decision Level:	Officer Delegation

The Application Site

1. The application site comprises a parcel of land located within the Slegaby area of Onchan. The site currently forms part of an undeveloped field.

The Proposal

1. The planning application seeks approval in principle for the erection of a dwelling on the application site. The submitted application consists of the completed application form, location plan and site plan. The application does not specify that approval of any matters is sought at this stage, it is therefore assumed that all matters are reserved.

Planning History

1. The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.

Planning Policy

1. In terms of local plan policy, the application site is located within a wider area of land that is designated as open space under the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000. Planning Circular 1/2000, which constitutes the written statement to be read in conjunction with the local plan, contains one policy that is considered specifically material to the assessment of this planning application:

1. Policy O/RES/P/22 states:

"Outside of those areas designated for residential development new dwellings will generally not be permitted within the local plan area. This applies particularly to the rural part of the district where the countryside is already protected by Planning Circular 1/88 the provisions of which will continue to be applied. In addition it should be noted that the countryside in its entirety within the district is designated by the local plan as of high landscape value and scenic significance in accordance with the provisions of the Island Strategic plan Eastern Sector (Planning Circular 9/91)."

It should be noted that Planning Circular has been superseded by planning policy contained within the Isle of Man Strategic Plan 2007 and that the Island Strategic plan Eastern Sector (Planning Circular 9/91) is now time expired.

1. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains the following 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, historic, or social value and interest; (Housing Policy 11);
• (c) previously developed land 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." 15. 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 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." 16. Housing Policy 4 states: "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 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."

Representations

1. Onchan District Commissioners recommend that the planning application be refused. The grounds for their objection can be summarised as belief that the proposal is contrary to planning policy, specifically Housing Policy 4 of the Isle of Man Strategic Plan 2007.
2. The Department of Infrastructure Highways Division have deferred comment on the grounds that information is required on visibility splays from proposed access.
3. The Manx Electricity Authority has made representations to the planning application. However, the contents of the representation relates to non planning considerations.
4. The owners and/or occupants of Glenside, which directly adjoins the application site, object to the planning application. The grounds for their objection can be summarised as opposition to new development in the countryside.
5. The owners and/or occupants of Glebe Cottage, which is located in Maughold, question whether The Clypse is really a hamlet and whether hamlets are going to be allowed to grow.

Assessment

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 an undeveloped parcel of land located within a wider area of land that is designated as open space under the Onchan Local Plan. Planning policies contained within Planning Circular 1/2000 and the Isle of Man Strategic Plan 2007 sets 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. This proposal is contrary to those planning policies and thereby unacceptable. The proposal constitutes unwarranted and unsustainable development within the countryside. This is grounds 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:

The owners and/or occupants of Glenside.

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; The Manx Electricity Authority; and The owners and/or occupants of Glebe Cottage. Recommendation Recommended Decision: Refused Date of Recommendation: 18.03.2013 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 proposed development represents unwarranted development that is contrary to the land use designation of the application site as open space under the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000 and the presumption against the development of such areas set out within planning policies contained within Planning Circular 1/2000 and the Isle of Man Strategic Plan 2007. Specifically, the proposal is contrary to provisions of Policy O/RES/P/22 of Planning Circular 1/2000 and Strategic Policy 1, Strategic Policy 2, Strategic Policy 10, Spatial Policy 2, Spatial Policy 3, Spatial Policy 4, Spatial Policy 5, General Policy 3, Environment Policy 1 and Housing Policy 4 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 / Development Control Manager/ Senior Planning Officer.

Decision Made: Refused Date: 18.03.2013 Determining officer (delete as appropriate)

Signed: ______________________________

Anthony Holmes Senior Planning Officer

Signed: ______________________________

Michael Gallagher Director of Planning and Building Control

Signed: ______________________________

Sarah Corlett Senior Planning Officer

Signed: ______________________________

Jennifer Chance Development Control Manager