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The application site comprises a parcel of land that is location on the northern side of the Old Castletown Road in the Port Soderick area of Braddan.
The planning application seeks approval in principle for the erection of a dwelling on the application site.
The application site has not been subject of any previous planning applications that are considered specifically material to the assessment of the current planning application.
Braddan Parish Commissioners object to the planning application on the grounds that the proposal is contrary to General Policy 3 of the Isle of Man Strategic Plan 2007.
The Department of Transport Highways Division do not oppose the planning application subject to the imposition of conditions relating to on-site car parking, on-site turning facilities and visibility onto the highway.
The Department of Transport Drainage Division object to the planning application on the grounds that it fails to provide sufficient information to assess relevant drainage issues. They state that whilst the application states that the surface water would drain to an existing culvert there are no discharge figures to support this or demonstrate that the culvert has capacity. They also state that the planning application does not include percolation test information to demonstrate that drainage is possible.
The Manx Electricity Authority expresses an interest in the planning application. The owner and/or occupant of Hampton Court, which is located to the north east of the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposal would have a detrimental impact on the neighbouring property and that vehicular visibility is problematic.
The owner and/or occupant of Hampton Court Lodge, which is located adjacent to the application site, objects to the planning application. The grounds for their objection can be summarised as concern regarding the position of proposed development adjacent to their property and it potential impact on their residential amenity.
The owner and/or occupant of Hampton Cottage, which is located to the south west of the application site, objects to the planning application. The grounds for their objection can be summarised as concern that approval would set an undesirable precedent for further development in the area, that Port Soderick is in danger of becoming continuous ribbon development and that the proposal would affect views.
The owner and/or occupant of Hampton Manor, which is located to the south west of the application site, objects to the planning application. The grounds for their objection can be summarised as concern that approval would set an undesirable precedent for further development in the area, that Port Soderick is in danger of becoming continuous ribbon development and that the proposal would affect views.
The owner and/or occupant of 33 Ballaquark, which is located in Douglas, expresses an interest in the planning application and highlights that the application site is not zoned for development.
In terms of local plan policy, the application site is located within a wider area of land that is designated as open space (agricultural) under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 - Plan No. 3. Planning Circular 6/91, the written statement that accompanies the local plan, contains three polices that are considered specifically material to the assessment of the planning application:
Policy 5.4 states: "With the exception of an area to the south of Cronkbourne Village, it is felt that no further areas should be recommended for residential development in order to avoid encroachment into an essentially rural area."
Policy 5.8 states: "Residential development in the countryside has been the subject of Planning Circulars: i) No. 1/88 (Revised) Residential Development - Houses in the Countryside ii) No. 3/88 New Agricultural Dwellings iii) No. 3/89 Renovation of Buildings in the Countryside iv) No. 8/89 Low Density Housing in Parkland v) No. 3/91 Guide to the Design of Residential Development in the Countryside. This is a separate publication in its own right. The foregoing set out in detail the policy of the Department with regard to residential development in the countryside and as such must be respected. These circulars comprise appendices nos. 1, 2, 3 and 4 to this document."
Policy 13.4 states: "No further development in the countryside will be permitted with the exception of those referred to in 13.2 and those which are required for national strategic reasons, and those required for essential agricultural purposes. All areas designated as open space must be respected and no further intrusion will be permitted."
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current planning application:
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:
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."
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:
The planning application seeks approval in principle for the erection of a dwelling on the application site. The application comprises two site plans that define the application site, completed application forms and a supporting letter from the applicant.
As stated earlier in this report the application site is located within a wider area of land that is designated as open space (agricultural) and, as such, is not designated for development. In terms of principle, it can be seen that planning policy contained within Planning Circular 6/91 and the Isle of Man Strategic Plan 2007 set out a presumption against the development of such land and the erection of dwellings within the countryside. The exceptions to this presumption against development are set out within General Policy 3 of the Isle of Man Strategic Plan 2007. Whilst the applicant has put forward personal justification for their proposal it is concluded that their justification does not constitute one of the exceptions set out within the aforementioned policy. As such, there is justification to set aside the presumption against development set out within the relevant planning policy. The proposal therefore represents unwarranted development in the countryside and should be refused on such basis.
Notwithstanding the above, the planning application fails to demonstrate that the application site can be appropriately drained. The request for additional information in this respect from the Department of Transport Drainage Division (see letter of the 15th May 2009) has not been addressed by the applicant. Irrespective of the land use designation and planning policy objection to the proposal the failure to demonstrate that the application site can be appropriately drained is considered to be further reason for refusal of the planning application.
It is recommended that the planning application be refused.
It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Braddan Parish Commissioners; The Department of Transport Highways Division; The Department of Transport Drainage Division; The owner and/or occupant of Hampton Court; and The owner and/or occupant of Hampton Court Lodge.
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 and/or occupant of Hampton Cottage; The owner and/or occupant of Hampton Manor; and The owner and/or occupant of 33 Ballaquark.
Recommendation
Recommended Decision: Refused Date of Recommendation: 07.07.2009 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 proposed development represents unwarranted development that is contrary to the land use designation of the application site as open space (agricultural) under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 - Plan No. 3 and the presumption against the development of such areas set out within Planning Circular 6/91 and the Isle of Man Strategic Plan 2007. Specifically, the proposal is contrary to policies 5.4, 5.8 and 13.4 of Planning Circular 6/91 and General Policy 3, Environment Policy 1 and Housing Policy 4 of the Isle of Man Strategic Plan 2007.
R 2. Notwithstanding the first reason for refusal the planning application does not provide sufficient information regarding the means of foul sewage disposal from the site.
I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made : Refused Date : ...... 17.... July 2009
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