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The site represents the residential curtilage of an existing residential property situated on the western side of the Ballamodha Straight (A3) immediately south of its junction with the Ronague Road (B39).
The site lies within an area of "white land" on the Isle of Man Planning Scheme (Development Plan) Order 1982 which means that it is not designated for development.
Previously, the applicants have applied for permission for the erection of a new dwelling on their parcel of land on the opposite side of the road. This application, PA 04/2090 was refused for the reasons that:
"The site is not designated for development. No information has been supplied with the application to persuade the Planning Committee that there is any reason why this policy which presumes against development in the Island's countryside, should be set aside in this case. As such, the development would represent an intrusion into the countryside and establish an unfortunate precedent for further unwarranted development in this area",
"The site lies within an area which is generally open and devoid of buildings. Whilst there is a small number of properties to the north and one to the west, this hardly represents a settlement and as such the proposal would represent unsustainable development which is distant from mains services and facilities and would be generally reliant upon the private motor car for transportation to and from the site" and
"The proposal would result in an increase in traffic emerging onto and turning off the A3 Primary Route, which is contrary to the Department of Transport's policy relating to the highway network hierarchy and road safety."
Most of these reasons relate to this latest application. The new dwelling would be accessed off the Ronague Road so the concerns relating to the additional access onto the Ballamodha Straight would not apply to this proposal.
Whilst the new dwelling would be sited within a residential curtilage there is no presumption in favour of further residential development as is suggested by a resident of Port Soderick (see also PA 93/1544 where the Inspector reporting on the application for the principle of a new dwelling within the curtilage of an existing property in Santon, recommended that "Use as a residential curtilage carries with it no assumption in favour of further built development within that curtilage" his paragraph 8).
There are objections to this application from Malew Parish Commissioners who are concerned that the site is not designated for development and that access is poor.
The owners of Lea Cottage object on the basis that the site is too small to accommodate a dwelling. They also warn that approval of this application would establish a precedent for further development in the countryside and draw attention to the previous application across the road. They mention road safety in their objections.
A resident of Port Soderick, mentioned above raises no objection.
Isle of Man Water Authority recommend the inclusion of standard note 2 in any approval.
The Society for the Preservation of the Manx Countryside and Environment strongly object to the application as the site is not designated for development.
This site is not designated for development and there is no presumption in favour of further built development within such an area simply because the site represents part of an existing residential curtilage.
Department of Transport Highways and Traffic Division object to the application on the basis that the visibility splays onto the A3 from the B39 are inadequate to serve this development.
Recommended Decision: Refused
Date of Recommendation: 06.02.2006
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1. The site is not designated for development. No information has been supplied with the application to persuade the Planning Committee that there is any reason why this policy which presumes against development in the Island's countryside, should be set aside in this case. As such, the development would represent an intrusion into the countryside and establish an unfortunate precedent for further unwarranted development in this area. Whilst the site is part of an existing residential curtilage, use as a residential curtilage carries with it no assumption in favour of further built development within that curtilage (see PA 93/1544).
R 2. The visibility splays available to drivers emerging from the B39 onto the A3 are indequate to serve this development.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Refused Date: 06.02.2006 Signed: M. I. McCauley Director of Planning and Building Control
6 February 2006 05/92263/A Page 4 of 4
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