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Application No.: 09/01376/A Applicant: Mr & Mrs Frank Masters Proposal: Approval in principle for the erection of a dwelling Site Address: - Land Adjacent To - Kella Sheear - Kella Road - Sulby - Isle Of Man - IM7 2HG ### Considerations Case Officer: Ms Henrietta Hopkins Photo Taken: 14.09.2009 Site Visit: 14.09.2009 Expected Decision Level: Senior Planning Officer ### Written Representations - West Kella Sulby Isle Of Man | Objects to the proposal - Glebe Cottage Kirk Maughold Isle Of Man IM7 1AS | Interest expressed - West Kella Barn Sulby Isle Of Man IM7 2HG | Objects to the proposal ### Consultations Consultee: Highways Division Notes: No objection Consultee: Lezayre Parish Commissioners Notes:** Refuse
The application site represents the land adjacent (north) to Kella Sheear, Kella Road, Sulby. The site is currently used as garden land for the occupier at Kella Sheear.
This application seeks approval in principle for the erection of a dormer bungalow. The dormer bungalow will be situated to the northern part of the garden with a turning area and septic tank to the south of the proposed bungalow. The access to the proposed dormer bungalow will be as existing, situated to the north of Kella Sheear.
The application site is located outside the Sulby boundary in the Sulby Local Plan 1999 and as such represents countryside. The site is zoned as an area of 'High Landscape or Coastal Value and Scenic Significance' and an 'Area of Private Woodland' in the Isle of Man Development Plan 1982. The Isle of Man Strategic Plan 2007 contains policies which are considered specifically material to the assessment of this current planning application - Environment Policy 1, Environment Policy 2, Environment Policy 3, Housing Policy 4 and General Policy 3.
Environment Policy 1 states the following:
"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 states the following:
"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:
Environment Policy 3 states the following:
"Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value."
Housing Policy 4 states the following:
"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 the adopted Area Plans: otherwise new housing will be permitted in the countryside only in exceptional circumstances:
General Policy 3 states the following:
"Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
There have been previous planning applications submitted on the site and these are as follows: 87/00485/B - Erection of front porch, widening of access, new drive and alterations to outbuildings Permitted (1st January 1994)
07/00886/B - Erection of a detached garage with storage room above and conversion of existing attached garage into additional living accommodation - Permitted (28th June 2007)
08/00272/R - Alterations and erection of a fence - Permitted (27th May 2008) 08/01426/B - Erection of a shed - Permitted (10th October 2008)
The application site is located within an area of 'High Landscape or Coastal Value and Scenic Significance' and 'Private Woodland' under the Isle of Man Local Plan 1982. Given the nature of the proposed development it is therefore appropriate to assess the proposal against the policy identified earlier within the report (i.e. Environment Policy 1, Environment Policy 2, Environment Policy 3, Housing Policy 4 and General Policy 3).
The development site is located outside the Sulby boundary in the Sulby Local Plan 1999 and as such represents countryside. Environment Policy 1 seeks to protect the countryside from development. Those developments which will adversely affect the countryside will only be permitted where there is an over-riding national need in land use planning terms and there is no reasonable or acceptable alternative. Environment Policy 2, which relates to Areas of High Landscape or Coastal Value and Scenic Significance, also states that development will not be permitted which harms the character and quality of the landscape unless the location of development is essential. Of particular importance is Housing Policy 4 which has a presumption against housing within the countryside and only allows it in exceptional circumstances - i.e. it is essential housing for agricultural worker, or conversion of redundant rural buildings, or the replacement of existing rural dwellings.
The applicant proposes a new dwelling on garden land and therefore does not comply with the above policies. The applicant has commented in the planning application that the reason for the dwelling is because the occupier of Kella Sheear has suffered from an industrial accident and as such cannot cope with all the garden maintenance. They believe to build a house on this plot of land is to be a better solution than selling the land off separately where the new owners may use the land for the storage of machinery and industrial equipment which would be more detrimental to the area.
It is considered that the need for the dwelling is not enough to outweigh the significant harm that it will cause to the countryside and area of high landscape value. Strategic Policy 2 of the Isle of Man Strategic Plan 2007 states that "new development will be locate 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 exceptional circumstances identified in paragraph 6.3." Paragraph 6.3 relates to General Policy 3; it is considered that the proposed development does meet any of the criteria in this policy. Furthermore the garden to be used as a storage yard, as the applicant has stated in their application if no dwelling is developed on the garden, could represent a material change in the use of land and as such would require planning permission. The application would thus be assessed on its planning merits.
In determining the application consideration will also be given to whether the proposed development will have an adverse impact to existing neighbours. The occupiers of West Kella Barn and West Kella have objected on the proposed development on a number of grounds. With regards to boundary
issues and loss of view, these are not planning matters and will not be taken into consideration in the determination of the application. Loss of light and privacy, raised in the letter of objection, are planning matters. However, the application is only to establish if the building would be acceptable in principle on this plot of land. The height has not been provided nor where any habitable room windows will be situated, although a minimum distance of 12 metres is provided between the proposed dwelling and West Kella. Overdevelopment was another issue stated and it is considered that there is little garden space provided with only a 3.5m strip provided to the rear of the property and a small area to the front of the property with most of the space at the front being used as a turning area for vehicles. Highway safety was another issue raised yet the highway adviser has raised no objection to the proposal.
In conclusion it is considered that the proposed development is contrary to Environment Policy 1, Environment Policy 2, Housing Policy 4 and General Policy 3 of the Isle of Man Strategic Plan 2007. The reason for the proposed development is not considered an 'exceptional circumstance' in accordance with General Policy 3 and is therefore recommended for refusal.
REPRESENTATIONS
The following written representations have been received:
Department of Transport have raised no objection to the proposed development.
Lezayre Parish Commissioners have objected to the proposed development on the grounds that the area is not zoned for development and would lead to overdevelopment of the site. The reason stated for the development of the site is erroneous.
The occupiers at Glebe Cottage have objected on the grounds that the proposal is for another 'Disability Dwelling' for which there have been some recent good precedents.
The occupiers at West Kella Barn have objected to the proposed development on the grounds that it would be unacceptable density of development in a rural area; the development site falls within the natural boundary of West Kella where the site used to be West Kella's orchard; overlooking; loss of privacy; loss of light; and would have an impact on highway safety.
The occupiers of West Kella have objected on the grounds of overdevelopment, being out of keeping with the locality, loss of privacy.
RECOMMENDATION
Refuse
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
Department of Transport Lezayre Parish Commissioners The occupiers at West Kella The occupiers of West Kella Barn Recommendation
Recommended Decision:
Refused
30 October 2009
09/01376/A
N : Notes attached to conditions R : Reasons for refusal
R 1. "The erection of a dwelling on this site would represent an unwarranted development in the Island's countryside and would be contrary to both the land use provisions of the Isle of Man Planning Scheme (Development Plan) Order 1982 and Strategic Policies 1 and 2, Spatial Policy 5, General Policy 3, Environment Policy 1, Environment Policy 2 and Housing Policy 4 of the Island Strategic Plan."
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 : Signed : Senior Planning Officer
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