Loading document...
Yours sincerely
Anthony Holmes, BA(Hons) DipTP(UC) MRTPI Planning Officer
enc.
Part 1. Case officer's report.
| Consulttee: | Highways Division |
| Notes: | No adverse traffic impacts |
| Consulttee: | Lonan Parish Commissioners |
| Notes: | No objections |
| Consulttee: | IOM Water Authority |
| Notes: | No specific comment on merit of planning application |
| Consulttee: | Disability Access Officer |
| Notes: | No specific comment on merit of planning application |
| Consulttee: | S.P.M.C. & E. |
| Notes: | Objection |
| Consulttee: | Chief Fire Officer |
| Notes: | No specific comment on merit of planning application |
| Consulttee: | Manx Electricity Authority |
| Notes: | No specific comment on merit of planning application |
| Application No.: | 05/92305/B |
| Applicant: | Hesketh Investments Limited |
| Proposal: | Construction of five self - catering holiday cottages with provision of laundry and storage facilities and creation of additional on - site car parking |
| Site Address: | Land At Ballachrink Farm Ballaragh Road Lonan Isle Of Man IM4 7PJ |
| Case Officer: | Mr A Holmes |
| Photo Taken: | |
| Site Visit: | |
| Expected Decision Level: | Committee decision 2005 |
The application site comprises of land encompassing the farmhouse and adjacent field at Ballachrink Farm, which is located on the Ballaragh Road (B11) in Lonan. The site includes existing buildings in the form of Ballachrink, which is a large detached house and a collection of small single storey units comprising of a mixture of converted outbuildings and new buildings housing tourist accommodation and associated
facilities. The existing buildings are visible from the south east, through an access gap, and from further away in the landscape from Baldrine and Laxey.
The proposed development comprises of the construction of five linked cottages, intended for use as self-catering holiday accommodation, with associated laundry, storage and car parking.
The application site has been the subject of a number of previous planning applications that I consider to be potentially relevant to the assessment of this current planning application:
Planning application 95/0681 sought approval in principle for the erection of five self-catering holiday cottages within the application site. This application was initially considered and refused on the 13th September 1995, with the initial refusal decision notice issued on the 22nd September 1995. I understand that the refusal was confirmed at review, although I have been unable to locate a copy of the review decision notice. Following the recommendation of the appointed Planning Inspector, the Minister reversed the decision and approved the planning application at appeal on the 10th April 1996.
Planning application 96/0577 sought approval for the erection of five self-catering holiday cottages with associated facilities with on-site car parking. This application was initially considered and approved on the 16th August 1996, with the initial approval decision notice issued on the 29th August 1996. Whilst this approval was never implemented the form of it was basically the same as is proposed by the current planning application.
Planning application 04/0115/A sought approval in principle for the erection of twenty five additional self-catering holiday cottages, a serviced camping site and alteration to improve visibility to existing highway access. This application was initially considered and refused on the 27th May 2005, with the initial refusal decision notice issued on the 6th June 2005.
The application site is also the subject of a current planning application that could be viewed as relevant to the assessment of this current planning application:
Planning application 06/00355/C seeks approval for the change of use of the existing private dwelling within the application site to allow its use as tourist accommodation. This application is yet to be considered.
Lonan Parish Commissioners recommended that the planning application be approved.
The Department of Transport Highways Division advises that they consider there to be no adverse traffic impacts arising from the proposed development.
The Manx Electricity Authority made no specific comment on the merit of the proposed development but requested that informative notes be attached to any approval decision notice.
The Isle of Man Fire and Rescue Service made no specific comment on the merit of the proposed development but recommended that the applicant contacted them to discuss the provision of appropriate fire precaution measures.
The Disability Access Office made no specific comment on the merit of the proposed development but requested that the needs of disabled access be considered.
The Isle of Man Water Authority made no specific comment on the merit of the proposed development but requested that an informative note be attached to any approval decision notice.
The Society for the Preservation of the Manx Countryside and the Environment object to the planning application.
The application site is within the area covered by the Laxey and Lonan Area Plan Order 2005. Under this document the application site is part designated as tourism and leisure use, part designated as open space comprising of private woodland or parkland, part designated as open space. The entire application site is within an area of high landscape value and scenic significance. The application site is specifically referred to as a number of times within the document.
Paragraph 3.1, which sets the background to tourism within the plan area, states: "There is also accommodation for tourists provided throughout the rural area and the Ballachrink Holiday Cottage development at Ballaragh is a good example of a successful rural tourist project which has centred upon existing redundant buildings and built up a popular and successful business therefrom without detriment to the rural environment".
Paragraph 3.9, which sets out the conclusions regarding tourism, states: "the Department has concluded that there is no special reason why less demanding policies should be applied for tourism development than for other types of development in the countryside." and continues on to state "In rural areas, the value of the unspoiled countryside as a tourist attraction must not be forgotten or undermined by inappropriate development."
There two policies within Laxey and Lonan Area Plan 2005 that I consider to be relevant to the assessment of this planning application.
Policy L/TRT/PR/2, which relates to sites identified for tourism, states that: "Only those developments associated with tourism will be permitted on those sites identified for tourism on the plans."
The explanatory paragraph, 3.16, related to this policy states: "It should be noted that those areas designated for Tourism on the 1991 Laxey Local Plan have been re-assessed during this latest area plan and certain areas have been removed from their Tourism designation (see the chalets on Glen Road). Similarly, those developments such as the Ballachrink Holiday Cottages at Ballaragh have been approved specifically for tourist accommodation and would probably not have been given approval on the basis of being permanent residential units. On this basis, the land which has as part of this area plan been designated for purposes of tourism has been properly considered as being appropriate only for these purposes and such should be retained for purposes associated with tourism and not released for other uses."
Policy L/TRT/PR/3, which relates to sites identified as woodland or open space, states that: "Development will not generally be permitted in those areas identified as open space or woodland within the study area in order to protect the natural attraction and amenities of the area (see also section on open space and nature conservation)."
The explanatory paragraph, 3.17, related to this policy states: "The Department acknowledges the effort of the Department of Tourism and Leisure to promote tourism on the Island and that the nature of and demands for tourism are changing away from the hotel and boarding house type accommodation in urban areas to rurally based accommodation. The Department also acknowledges the need for diversification for the agricultural industry. As such, the Department will give positive consideration for the creation of tourist facilities in existing farm groups where these utilise existing buildings of character and interest and where this provides additional forms of income to existing farms, see Planning Circular 3/89."
There are two Planning Circulars that I consider to be relevant to the assessment of the planning application.
As the development proposed by the planning application is another form of residential development in the countryside and the application site is not zoned for residential development I consider that the provisions of Planning Circular 1/88 (Revised), Residential development Houses in the countryside, are also applicable.
Paragraph 3 of the circular states that: "Land has been allocated for residential development as extensions of existing towns and villages to take advantage of existing infrastructure and services. The remaining areas of the Island are intended to remain substantially free from development."
As the application site is not allocated for residential development the erection of a dwelling would clearly be contrary to this established Planning Circular. This reinforces the established presumption against new residential development in the countryside.
Paragraph 6 of the circular states that: "There is always a demand for houses in the countryside. Improved economic circumstances are likely to intensify this demand, but with the exception of housing to serve the needs of a viable agricultural holding it is the Department's policy to discourage residential development in the countryside."
The development proposed by the planning application is not required for these purposes or any other provision within the Planning Circular.
Whilst the planning application does not propose such development I consider it pertinent to note that the re-use or conversion of appropriate existing redundant buildings in the countryside is potentially permissible through the provisions of Planning Circular 3/89, Renovation of buildings in the countryside.
The development proposed by the planning application comprises of the construction of five linked cottages, intended for use as self-catering holiday accommodation, with associated laundry, storage and car parking. Although the planning application does not contain any explanation or justification of the proposed development I suspect that it has been submitted on the basis that approval was previously granted a number of years ago. Contrary to the statement made in answer to question 16 of planning application form I cannot recall giving any pre-application advice regarding the proposed development.
Whilst the application seeks full approval and provides full details of the proposed development I would suggest that the fundamental issue to assess is the acceptability of the principle behind the development.
As identified earlier, planning approval was previously granted for a development similar to that proposed by this current planning application through the approval of planning applications 95/0681 and 96/0577. Basically planning application 95/0681, which was granted at appeal, established approval in principle and planning application 96/0577 followed with the full detail of the proposed development. In recommending the approval of planning application 95/0681 the appointed Planning Inspector highlighted that "the policies as set in the Eastern Sector Plan attempt the difficult balance of encouraging tourism on the one hand and protecting the countryside on the other", and continued on to say that "The site of the proposed cottages is within an existing complex and the buildings will not be visible from any nearby public vantage point". On that basis the appointed Planning Inspector concluded that the proposed development was acceptable and recommended that the planning application be approved.
The Eastern Sector Plan, which was never approved by Tynwald, was limited to a lifetime of five years from its publication in 1991. Whilst it was arguably a material planning consideration at the time of the assessment of these two previous planning applications it has since lapsed and is no longer a valid material planning consideration. Crucially, planning policy has evolved since then and is set out within the Laxey and Lonan Area Plan Order 2005, which was approved by Tynwald on the 20th October 2005 and came into effect on the 1st November 2005. As such there are materially different considerations in the assessment of the planning application compared to the assessment of the previous planning applications. As identified in the planning policy section of this report this more recent plan does not presume in favour of new build tourist developments, follows the general approach of the emerging Strategic Plan and is more consistent with the presumption against development in the countryside. This move away from the Sector Plan approach is set out in more detail at paragraph 3.5 of the Laxey and Lonan Area Plan Order 2005.
I consider the proposal to be contrary to both the policies of the Laxey and Lonan Area Plan Order 2005 and the provisions of Planning Circular 1/88 (Revised). Therefore, taking account of and assessing the
planning application against current planning policy and guidance I have to conclude that the proposed development is inappropriate. Accordingly, I recommend that the planning application be refused.
I consider that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:
I consider that the following do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
The Society for the Preservation of the Manx Countryside and the Environment.
Recommended Decision: Refused
Date of Recommendation: 08.03.2006
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
R 1.
Although approval for a similar development was previously granted in 1996 it has to be recognised that planning policy has significantly changed since that time. As such there are materially different considerations in the assessment of this planning application. Specifically, the development proposed by this planning application is contrary to both the current local plan policy that is set out by the Laxey and Lonan Area Plan Order 2005 and the general presumption against new residential development in the countryside that is set out by Planning Circular 1/88 (Revised). As such the planning application and the development that it proposes are deemed to be inappropriate.
Decision Made: REFUSED Committee Meeting Date: 30/3/06
Part 2.
a) Copies of the decision notices for the previous planning applications referred to within the case officer's report; b) Extracts of the relevant sections of the Laxey and Lonan Area Plan Order 2005; and c) A copy of Planning Circular 1/88 (Revised).
Copyright in submitted documents remains with their authors. Request removal
