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THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE RATHER THAN BEING CONSIDERED UNDER DELEGATED POWERS AS THE SITE HAS BEEN THE SUBJECT OF PREVIOUS APPLICATIONS WHICH HAVE BEEN CONSIDERED BY THE PLANNING COMMITTEE AND THIS PRESENT APPLICATION IS ALSO ONE WHICH HAS GENERATED SIGNIFICANT LOCAL COMMENT.
The site defined in red on drawing reference 8045(P1)032C ('the Site') represents a roughly triangular shaped piece of land which lies on the southern side of the A12 Castletown to Derbyhaven road, to the west of Derbyhaven itself. The frontage of the Site to the main road is 210m and the Site extends a similar length down alongside the rear boundaries of residential properties to the east (Holmcroft, 1, 2 and 3, Haven Court, Cronk Beg, The Herring Houses, Ballaskeddan Cottage, Ashley House, Skeddan Veg and Balladoyle).
The Site accommodates a shallow pitched roofed single storey tractor shed/golf course maintenance building which is located in the north eastern edge of the site with vehicular access from the north eastern corner onto the A12 alongside the lane which runs along the rear boundaries of the dwellings referred to above stopping at The Herring Houses. This lane lies within the application site. Car parking spaces are available around the Site and roughly formed vehicular tracks extend from the building to the south and west towards the golf course. The Site mainly comprises rough, unmanaged land outwith those areas which are hard surfaced or built upon.
The northern boundary to the Site is presently formed by a sod hedge with no pedestrian footway along the frontage to the public highway.
The buildings to the east of the site vary in height, massing and style, the tallest building on the southern side of the A12 being Balladoyle House which is a two storey traditionally style house orientated west-east. The former Derbyhaven hotel (now Marine Court Apartments which sit on the northern side of the Derbyhaven Road as it turns north towards The Crescent) is the tallest of the buildings in Derbyhaven.
The application was submitted on 9th October, 2008 and the statutory notice placed in the local press on 24th October, 2008 requesting the submission of views by 14th November, 2008. The applicant was contacted on 3rd December, 2008 requesting clarification of the floor areas and annotation on the plans. Further plans were submitted on 3rd March, 2009 and advertised in the local press on 19th March, 2009 and by site notice accordingly, requesting the submission of views by 9th April, 2009.
The application in principle, PA 02/02553, ('the Permission') states, inter alia, "This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application" (condition 1).
The Permission was due to expire on 1st April, 2006 but prior to this date an extension of time was requested and granted on 11th August, 2005, such that the Permission would expire on 31st March, 2008. Subsequently a further request was submitted and granted on 16th October, 2007 such that the Permission would expire on 31st March, 2009.
The Site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as Existing Residential. An Area of Special Scientific interest abuts and lies to the south of the Site. This is shown on the application plans for the Permission.
The Strategic Plan does not designate land for particular purposes but establishes a framework of policies which are to guide decision and plan making on the Island - the Area Plans. The Plan is relevant in a number of respects: firstly the Plan discusses settlements in Chapter 5 and establishes a hierarchy of settlements - service centres, service villages and remaining villages. Derbyhaven is not amongst these settlements (see Spatial Policies 1, 2, 3, 4 and Appendix 3.
"New development will be located within defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3".
Previously-developed land is referred to in Strategic Policy 1 and General Policy 3 which state:
"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".
"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, historical, or social value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental 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-dependant 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".
Previously-developed land is defined in Appendix One to the Strategic Plan as:
"Appendix 1: Previously Developed Land
Previously-developed land is that which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure.
The definition includes defence buildings, but excludes,
There is no presumption that land that is previously-developed is necessarily suitable for housing development nor that the whole of the curtilage should be developed".
The Draft Southern Area Plan was published on 23rd October, 2009 with comments to be received by 29th January, 2010. The plan is only at a very early stage in its process and as such only limited weight can be applied to the provisions of the plan. On the draft plan the plan identifies areas which are designated for development - of which this is not one, and also identifies Landscape Character Areas and settlement boundaries of settlements which are not sufficiently large or significant to warrant identification as such in land use terms - i.e. designated as Existing Residential, Industrial etc.
The Site is part of an area which is identified in the Landscape Classification as Rugged Coast - Langness and states:
"All around the peninsula (including St. Michael's Isle), there are dramatic sea views of the much-indented rocky shore. There are also views out across much of the south, and, from St. Michael's Isle, up the coast towards Santon Head. The northern part of the peninsula accommodates the golf course and associated buildings, including the hotel, which is currently closed. Most of this area is designated as an Area of Special Scientific Interest. Protection is also afforded to the lighthouse the Herring Tower, the former powder house, and to various monuments and sites of archaeological interest, including the Derby Fort and the Chapel (paragraph 4.3.5)."
The draft Planning Policy Statement 2/09 - The role of Landscape Character in Development states in respect of Rugged Coasts:
"3.3 Housing and Business Development Issues:
3.3.1 Siting: The character of the wider landscape may be affected by visual intrusion. This will occur where a site is prominent because of limited screening from topography or vegetation, or where the siting and layout of a development conflict with landform or with existing landscape patterns and characteristics. This sort of development should be avoided.
3.3.2 Design: Development must be properly integrated into the landscape in terms of scale, materials, architectural style, engineering works, and landscaping. Landscape features such as trees, hedgerows, sod banks, and traditional stone walls which are important to landscape character should be retained.
3.3.3 Landscape character in and around settlements: New development in and around existing settlements may affect their distinctive landscape settings, including key approaches to the settlement, inward and outward views, woodland, trees, river
corridors, and open spaces. This will, in turn, affect the wider landscape. Design, particularly of structure planting, should address these key landscape elements."
And
"4.6 Type E: Rugged Coast
The overall strategy for the protection and enhancement of the Rugged Coast Landscape Character Type is to conserve and enhance: the distinctive coastal features (rugged low cliffs, headlands, sandy bays, and wave-cut platforms); the strong sense of remoteness and tranquillity; its rich pattern of coastal habitats; the open and expansive panoramic seascape views; the numerous sites of archaeological importance; and the landscape settings of the coastal settlements.
Key landscape planning considerations in relation to the protection and enhancement of this Landscape Character Type are as follows:-
The draft PPS is currently the subject of public consultation with views to be received prior to 19th January, 2010.
The draft Area Plan includes an Appendix, numbered 4, which defines the edge and extent of settlements which are not significant enough to be identified on the main Proposals Map as existing residential, industrial, etc. Derbyhaven is one of these settlements and the western edge of the settlement is contiguous with the rear of the properties on the western side of the A12 and the Fort Island Road to the south. The application site is outwith the defined settlement. The Written Statement comments as follows:
"f. Derbyhaven comprises a group of dwellings clustered around the junction where the Castletown Road meets the Fort Island Road. It is a compact group, having a well-defined boundary with the Airport and Golf Course. There are no public buildings but there is a sense of place arising from its geographical position facing the largely natural harbour, and the pleasant public foreshore...The group is clearly not sustainable, there is little or no scope for infilling, and extension of the group into Airport or Golf Course land would be undesirable. Derbyhaven is not far enough from Castletown for there to be a valid argument for local housing need. Additional dwellings are not therefore proposed".
The Permission was sought and granted for the redevelopment of this Site to accommodate a single large dwelling with integral garage, gate lodge and tennis court under PA 02/2553. The Permission was extended twice, the latter extension taking the Permission to 31st March, 2009.
The Conditions attaching to the Permission are set out as follows:
The letter permitting the later extension of time states:
"Accordingly your planning approvals are now valid, referring to the original Conditions, until 31st March, 2009" (letter dated 16th October, 2007).
Permissions were granted at the time of PA 02/2553 for other developments at the golf course - PA 02/2552 proposed the principle of the redevelopment of the Castletown Golf Links Hotel and was permitted and PA 02/2554 proposed the principle of the reconstruction of an existing derelict farmhouse and outbuildings to form a warden/greenkeeper's accommodation, visitor's centre and store and was permitted.
Planning permission was sought and refused on appeal for the development of the site of the PA 02/2553 application for 21 dwellings. PA 05/2044 was approved by the Planning Committee but refused on appeal for the following reasons:
"1. Having regard to the over-arching Strategic Aim of the Isle of Man Strategic Plan, and to the principles of sustainability which are central to this Aim, Derbyhaven is an unacceptable location for a development of twenty one dwellings; the proposed development would thus be in breach of the Strategic Aim and Spatial Strategies of the Island Development Plan.
a) have an unacceptable, damaging impact significantly greater than that of the development for which there is an extant approval under reference PA 02/2553 and would
b) radically alter the established character of Derbyhaven;
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