Officer Report 13/00240/A

Planning Report And Recommendations {{table:206445}} {{table:206444}}

Officer's Report

The Application Site

1. The application site comprises a field (no. 220364) located to the west of The Curraghs in Ballaugh. The site is an undeveloped plot of land that contains a shed and caravan, although no planning approval can be found for those.

The Proposal

1. The planning application seeks planning approval in principle for the erection of a dwelling on the application site.

Planning History

1. The application site has been the subject of a number of previous planning applications, one of which is considered specifically material to the assessment of this current planning application:

1. Planning application 03/00256/A sought planning approval in principle for the erection of a dwelling on the application site. This previous planning application was refused on the 22nd July 2003 for the following reason:

"The site is in the countryside and it is not zoned for development on the 1982 Development Plan. The erection of a dwelling would be contrary to the land use zoning and also the policies set out in Planning Circular 1/88 "Residential Development - Houses in the Countryside", both of which are in place to protect the countryside from unwarranted development. The proposal would adversely affect the character and appearance of this rural area and weaken the Department's established countryside policies if approved."

Planning Policy

1. In terms of land use designation the application site is not designated for any site specific purpose under the Isle of Man Planning Scheme (Development Plan) Provisional Order 1982.

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."

1. 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 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."

1. 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. Ballaugh Parish Commissioners object to the planning application. The grounds for their objection can be summarised as concern that the land is not zoned for development and approval would set precedent for similar development. They also highlight concerns over the ability to provide appropriate drainage for the site.
2. The Department of Infrastructure Highways Division have deferred comment on the planning application on the basis that no information has been provided on the visibility splays from the proposed access. They state that the proposed development requires sight lines of .
3. The Manx Electricity Authority expresses an interest in the planning application.
4. The owners and/or occupants of Croit ny Gurrin, which located north east of the application, object to the planning application. The grounds for their objection can be summarised as concern over highway issues. They also question the subjectivity of the term eco dwelling.
5. The owners and/or occupants of Close Mooar, which is located south east of the application site, object to the planning application. They refer to the previously refused planning application and cannot see justification for the proposed development.
6. The owners and/or occupants of Glebe Cottage, which is located in Maughold, object to the planning application.

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 that is designated for any site specific purpose under the Isle

of Man Planning Scheme (Development Plan) Provisional Order 1982. Planning policies contained within 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:

• Ballaugh Parish Commissioners.

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;
• The owners and/or occupants of Croit ny Gurrin;
• The owners and/or occupants of Close Mooar; and
• The owners and/or occupants of Glebe Cottage.

Recommendation

Recommended Decision: Refused

Date of Recommendation: 03.04.2013

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 under the Isle of Man Planning Scheme (Development Plan) Provisional Order 1982 and the presumption against the development of such areas set out within planning policies contained within the Isle of Man Strategic Plan 2007 that seek to protect the countryside from unsustainable and unwarranted development. Specifically, the proposal is contrary to provisions 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.

R 2.

It has not been demonstrated that acceptable levels of visibility could satisfactorily be provided for drivers of vehicles emerging from the site onto the public highway.

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 : 9-14-13

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