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Appeal no: 06/0278
Planning application no: 06/01515/A
Subject: Approval in principle for the erection of two detached dwellings. Land between Baroda House and Clay Head Farm, Clay Head Road, Lonan.
Appeal by: The applicant against the Planning Authority’s decision to refuse planning approval.
| Clay Head Farm Clay Head Road Baldrine Isle Of Man | Objects to the proposal |
| Adwalton Clay Head Road Baldrine Isle Of Man | Objects to the proposal |
| Begra Clay Head Road Baldrine Isle Of Man | Objects to the proposal |
| Thie Corneil Clay Head Road Baldrine Lonan | Objects to the proposal |
| Howe Farm House Clay Head Baldrine Lonan | Objects to the proposal |
| Crag Lea Clay Head Road Baldrine Isle Of Man | Objects to the proposal |
| Fir-Trees Clay Head Road Baldrine Lonan | Objects to the proposal |
| Ardmay Clay Head Road Baldrine Isle Of Man | Objects to the proposal |
| Sea Crest Lodge Clay Head Road Baldrine Isle Of Man | Objects to the proposal |
| Seacliffe Clay Head Road Baldrine Isle Of Man | Objects to the proposal |
| Lyndholme Lodge Clay Head Road Baldrine Isle Of Man | Objects to the proposal |
| Ramillies Clay Head Road Baldrine Isle Of Man | Objects to the proposal |
| Cooil Beg Clay Head Road Baldrine Isle Of Man | Objects to the proposal |
| Ballaclague House Lonan Old Church Road Isle Of Man | Interest expressed |
| Geay Varrey Clay Head Road Baldrine Isle Of Man | Objects to the proposal |
| Garwick Clay Head Close Baldrine Isle Of Man | Objects to the proposal |
| PMCS Seacliffe Old Castletown Road Ballaveare | Interest expressed |
| Viste Clay Head Road Baldrine Isle Of Man | Objects to the proposal |
| Anorgarth House Clay Head Road Baldrine Isle Of Man | Objects to the proposal |
| Fernbank Clayhead Road Baldrine Isle Of Man | Objects to the proposal |
| Thie-my-Chree Clay Head Road Baldrine Isle Of Man | Objects to the proposal |
| Application No.: | 06/01515/A |
| Applicant: | Mr J Smith |
| Proposal: | Approval in principle for the erection of two detached dwellings |
| Site Address: | Land Between Baroda House And Clay Head Farm Clay Head Road Baldrine Isle of Man |
| Case Officer: | Mr A Holmes |
| Photo Taken: | |
| Site Visit: | 17.10.2006 |
| Expected Decision Level: | Delegation |
| Consulttee: Notes: | Highways Division |
| Consulttee: Notes: | Lonan Parish Commissioners Recommend Refusal |
| Consulttee: Notes: | Manx Electricity Authority |
| Consulttee: Notes: | Manx National Heritage |
| Consulttee: Notes: | Wildlife & Conservation Officer |
| Consulttee: Notes: | S.P.M.C. & E. |
| Consulttee: Notes: | IOM Water Authority |
| Stoneycroft Clay Head Road Baldrine Isle Of Man | Objects to the proposal |
| Kenmare Clay Head Road Baldrine Isle Of Man | Objects to the proposal |
| Snaefell Clay Head Close Baldrine Isle Of Man | Objects to the proposal |
| 45 Bemahague Ave Onchan Isle Of Man | Objects to the proposal |
| Kohima Clay Head Road Baldrine Isle Of Man | Objects to the proposal |
| Garden House Clay Head Road Baldrine Isle Of Man | Objects to the proposal |
| Fir-Trees Clay Head Road Baldrine Isle Of Man | Objects to the proposal |
| 45 Bamahague Ave Onchan Isle Of Man | Objects to the proposal |
| The Lhergy Clay Head Road Baldrine Isle Of Man | Objects to the proposal |
The application site comprises of a parcel of land that is located on the western side of Clay Head Road in Lonan.
The planning application seeks approval in principle for the erection of two detached dwellings on the application site.
There have been a number of previous planning applications in recent years that are considered material to the assessment of this current planning application:
Planning application 02/01640/A sought approval in principle for the erection of a dwelling on land to the south east of Stroule, Clay Head Road, Lonan. The application site for this previous planning application overlaps with the application site for the current planning application. This previous planning application was initially considered and refused on the 16th January 2003, with the initial refusal decision notice issued on the 23rd
January 2003. The Planning Committee resolved to confirm the refusal at review on the 7th March 2003, with the review refusal decision notice issued on the 12th March 2004. Copies of the decision notices and a relevant drawing have been placed on the application file for the current planning application.
Planning application 03/00639/B sought approval for the creation of a vehicular turning area with three parking spaces on part of land to the south east of Stroule, Clay Head Road, Lonan. The application site for this previous planning application overlaps with the application site for the current planning application. This previous planning application was initially considered and approved on the 8th August 2003, with the initial approval decision notice issued on the 13th August 2003. Copies of the decision notice and a relevant drawing have been placed on the application file for the current planning application.
Planning application 03/00640/B sought approval in principle for the erection of a dwelling on land to the south east of Stroule, Clay Head Road, Lonan. The application site for this previous planning application is adjacent to the application site for the current planning application. This previous planning application was initially considered and refused on the 8th August 2003, with the initial refusal decision notice issued on the 13th August 2003. The Planning Committee resolved to confirm the refusal at review on the 12th December 2003, with the review refusal decision notice issued on the 19th December 2003. Copies of the decision notices and a relevant drawing have been placed on the application file for the current planning application.
Planning application 05/00924/A sought approval in principle for the erection of a dwelling on land to the south east of Stroule, Clay Head Road, Lonan. The application site for this previous planning application is adjacent to the application site for the current planning application. This previous planning application was initially considered and refused on the 15th July 2005, with the initial approval decision notice issued on the 25th July 2005. The Planning Committee confirmed the refusal at review on the 16th September 2005, with the review refusal decision notice issued on the 27th September 2005. Copies of the decision notices and a relevant drawing have been placed on the application file for the current planning application.
Planning application 06/00721/B sought approval for the erection of a dwelling and garage on land adjacent to Baroda House (formerly Stroule), Clay Head Road, Lonan. The application site for this previous planning application is adjacent to the application site for the current planning application. This previous planning application was considered and approved on the 7th July 2006, with the approval decision notice issued on the 14th July 2006. Copies of the decision notice and a relevant drawing have been placed on the application file for the current planning application.
Lonan Parish Commissioners object to the planning application. The grounds for their objection can be summarised as concern that the proposed development represents unwarranted development in the countryside, that it is contrary to the provisions of the local plan and that it would cause inappropriate traffic intensification. They consider the reference to the approved turning area to be inappropriate and also question the logic of the applicant's justification for the proposed development.
The Isle of Man Water Authority request that an informative note be attached to any approval decision notice.
The Manx Electricity Authority request that an informative note be attached to any approval decision notice.
The Department of Agriculture, Fisheries and Forestry advise that the application site is within an area of ecological interest. They suggest that if the planning application is approved that site clearance should be conditioned to be outside of the main bird breeding season.
Manx National Heritage objects to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provisions of the local plan.
The owners and/or occupants of Viste, which is located approximately 150 metres to the north west of the application site, object to the planning application. The grounds for their objection can be summarised as concern that the proposed development will cause undue traffic intensification, that existing infrastructure is inadequate and that the proposal is contrary to the provisions of the local plan.
The owner and/or occupant of Fernbank, which is located approximately 700 metres to the north west of the application site, object to the planning application. The grounds for their objection can be summarised as concern that the proposed development will cause undue traffic intensification, that the proposal is contrary to the provisions of the local plan and that further development in the area is unwarranted.
The owner and/or occupant of Anorgarth House, which is located approximately 800 metres to the north west of the application site, object to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provisions of the local plan, that it will detrimentally impact on the natural heritage of the area, that further development in the area is unwarranted, that approval could set a precedent for further development, that the proposed development will cause undue traffic intensification, that the road infrastructure is inadequate to accommodate more traffic and that development will adversely affect the use of the Raad Ny Foillan public footpath.
The owner and/or occupant of The Lhergy, which is located approximately 600 metres to the north west of the application site, object to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provisions of the local plan, that it will detrimentally impact on the natural heritage of the area, that further development in the area is unwarranted, that approval could set a precedent for further development, that the proposed development will cause undue traffic intensification, that the road infrastructure is inadequate to accommodate more traffic and that development will adversely affect the use of the Raad Ny Foillan public footpath.
The owners and/or occupants of 45 Bemahague Avenue, which is located in Onchan and is a significant distance from the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provisions of the local plan, that it will detrimentally impact on the natural heritage of the area, that further development in the area is unwarranted, that approval could set a precedent for further development, that the proposed development will cause undue traffic intensification, that the road infrastructure is inadequate to accommodate more traffic and that development will adversely affect the use of the Raad Ny Foillan public footpath.
The owner and/or occupant of Fir Trees, which is located approximately 200 metres to the north west of the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provisions of the local plan, that it will detrimentally impact on the natural heritage of the area, that further development in the area is unwarranted, that approval could set a precedent for further development, that the proposed development will cause undue traffic intensification, that the road infrastructure is inadequate to accommodate more traffic and that development will adversely affect the use of the Raad Ny Foillan public footpath.
The owner and/or occupant of Garden House, which is located approximately 450 metres to the north west of the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provisions of the local plan, that it will detrimentally impact on the natural heritage of the area, that further development in the area is unwarranted, that approval could set a precedent for further development, that the proposed development will cause undue traffic intensification, that the road infrastructure is inadequate to accommodate more traffic and that development will adversely affect the use of the Raad Ny Foillan public footpath.
The owner and/or occupant of Kohima, which is located approximately 750 metres to the north west of the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provisions of the local plan, that it will detrimentally impact on the natural heritage of the area, that further development in the area is unwarranted, that approval could set a precedent for further development, that the proposed development will cause undue traffic intensification, that the road infrastructure is inadequate to accommodate more traffic and that development will adversely affect the use of the Raad Ny Foillan public footpath.
The owner and/or occupant of Snaefell, which is located approximately 500 metres to the north west of the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provisions of the local plan, that it will detrimentally impact on the natural heritage of the area, that further development in the area is unwarranted, that approval could set a precedent for further development, that the proposed development will cause undue traffic intensification, that the road infrastructure is inadequate to accommodate more traffic and that development will adversely affect the use of the Raad Ny Foillan public footpath.
The owners and/or occupants of Kenmare, which is located approximately 650 metres to the north west of the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provisions of the local plan, that it will detrimentally impact on the natural heritage of the area, that further development in the area is unwarranted, that approval could set a precedent for further development, that the proposed development will cause undue traffic
intensification, that the road infrastructure is inadequate to accommodate more traffic and that development will adversely affect the use of the Raad Ny Foillan public footpath.
The owners and/or occupants of Fir Trees, which is located approximately 250 metres to the north west of the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provisions of the local plan, that it will detrimentally impact on the natural heritage of the area, that further development in the area is unwarranted, that approval could set a precedent for further development, that the proposed development will cause undue traffic intensification, that the road infrastructure is inadequate to accommodate more traffic and that development will adversely affect the use of the Raad Ny Foillan public footpath.
The owner and/or occupant of Stoneycroft, which is located approximately 500 metres to the north west of the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provisions of the local plan, that it will detrimentally impact on the natural heritage of the area, that further development in the area is unwarranted, that approval could set a precedent for further development, that the proposed development will cause undue traffic intensification, that the road infrastructure is inadequate to accommodate more traffic and that development will adversely affect the use of the Raad Ny Foillan public footpath.
The owner and/or occupant of Thie my Chree, which is located opposite the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provisions of the local plan, that it will detrimentally impact on the natural heritage of the area, that further development in the area is unwarranted, that approval could set a precedent for further development, that the proposed development will cause undue traffic intensification, that the road infrastructure is inadequate to accommodate more traffic and that development will adversely affect the use of the Raad Ny Foillan public footpath.
The owner and/or occupant of Thie Corneil, which is located approximately 600 metres to the north west of the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposed development adds to the erosion of boundaries, that it is contrary to tourist board policy, that sewage infrastructure is inadequate, that it is contrary to the provisions of the local plan, that it will detrimentally impact on the natural heritage of the area, that further development in the area is unwarranted, that approval could set a precedent for further development, that the proposed development will cause undue traffic intensification, that the road infrastructure is inadequate to accommodate more traffic and that development will adversely affect the use of the Raad Ny Foillan public footpath.
The owner and/or occupant of Ballaclague House, who owns land adjoining the application site, expresses an interest in the planning application.
The owner and/or occupant of Ardmay, which is located approximately 900 metres to the north west of the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provisions of the local plan, that it will detrimentally impact on the natural heritage of the area, that further development in the area is unwarranted, that approval could set a precedent for further development, that the proposed development will cause undue traffic intensification, that the road infrastructure is inadequate to accommodate more traffic and that development will adversely affect the use of the Raad Ny Foillan public footpath.
The owner and/or occupant of Begra, which is located approximately 600 metres to the north west of the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provisions of the local plan, that it will detrimentally impact on the natural heritage of the area, that further development in the area is unwarranted, that approval could set a precedent for further development, that the proposed development will cause undue traffic intensification, that the road infrastructure is inadequate to accommodate more traffic and that development will adversely affect the use of the Raad Ny Foillan public footpath.
The owner and/or occupant of Geay Varrey, which is located approximately 825 metres to the north west of the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provisions of the local plan, that it will detrimentally impact on the natural heritage of the area, that further development in the area is unwarranted, that approval could set a precedent for further development, that the proposed development will cause undue traffic intensification, that the road infrastructure is inadequate to accommodate more traffic and that development will adversely affect the use of the Raad Ny Foillan public footpath.
The owner and/or occupant of Crag Lea, which is located approximately 550 metres to the north west of the application site, object to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provisions of the local plan.
The owner and/or occupant of Garwick, which is located approximately 750 metres to the north west of the application site, object to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provisions of the local plan.
The owners and/or occupants of Adwalton, which is located approximately 750 metres to the north west of the application site, object to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provisions of the local plan, that it will detrimentally impact on the natural heritage of the area, that further development in the area is unwarranted, that approval could set a precedent for further development, that the proposed development will cause undue traffic intensification, that the road infrastructure is inadequate to accommodate more traffic and that development will adversely affect the use of the Raad Ny Foillan public footpath.
The owner and/or occupant of Clay Head Farm, which is located approximately 100 metres to the south east of the application site, object to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provision of the local plan and that the road is inadequate to serve additional traffic.
The owner and/or occupant of Howe Farm House, which is located approximately 375 metres to the north of the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provisions of the local plan, that it will detrimentally impact on the natural heritage of the area, that further development in the area is unwarranted, that approval could set a precedent for further development, that the proposed development will cause undue traffic intensification, that the road infrastructure is inadequate to accommodate more traffic and that development will adversely affect the use of the Raad Ny Foillan public footpath.
The owners and/or occupants of Ramillies, which is located approximately 750 metres to the north west of the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provisions of the local plan, that it will detrimentally impact on the natural heritage of the area, that further development in the area is unwarranted, that approval could set a precedent for further development, that the proposed development will cause undue traffic intensification, that the road infrastructure is inadequate to accommodate more traffic and that development will adversely affect the use of the Raad Ny Foillan public footpath.
The owners and/or occupants of Seacliffe, which is located approximately 900 metres to the north west of the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provisions of the local plan, that it will detrimentally impact on the natural heritage of the area, that further development in the area is unwarranted, that approval could set a precedent for further development, that the proposed development will cause undue traffic intensification, that the road infrastructure is inadequate to accommodate more traffic and that development will adversely affect the use of the Raad Ny Foillan public footpath.
The owner and/or occupant of Lyndholme Lodge, which is located approximately 725 metres to the north west of the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provisions of the local plan.
The owners and occupants of Cool Beg, which is located approximately 600 metres to the north west of the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provisions of the local plan, that it will detrimentally impact on the natural heritage of the area, that further development in the area is unwarranted, that approval could set a precedent for further development, that the proposed development will cause undue traffic intensification, that the road infrastructure is inadequate to accommodate more traffic and that development will adversely affect the use of the Raad Ny Foillan public footpath.
The owners and occupants of Sea Crest Lodge, which is located approximately 250 metres to the south east of the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provisions of the local plan, that it will detrimentally impact on the natural heritage of the area, that further development in the area is unwarranted, that approval
could set a precedent for further development, that the proposed development will cause undue traffic intensification, that the road infrastructure is inadequate to accommodate more traffic and that development will adversely affect the use of the Raad Ny Foillan public footpath.
The owner and/or occupant of Seacliffe, which is located in Braddan, objects to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to the provisions of the local plan.
The Society for the Preservation of the Manx Countryside and Environment objects to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to local plan policy, amounts to two new dwellings in the countryside and could set a precedent for further development.
The relevant local plan for the application site is the Laxey and Lonan Area Plan Order 2005. Under this document the application site is designated as being a) within a wider area of open space/agricultural land; b) within a wider area of high landscape value and scenic significance; and c) a wider area of ecological interest.
Reference is made within the Laxey and Lonan Area Plan Order 2005 to the residential development of land on Clay Head Road. Specifically, paragraph 4.49 of the document refers to land to the south of Clay Head Road and states:
"There is a loose scattering of dwellings on the upper part of Clay Head Road in which there are opportunities for further small scale development although Clay Head Road is narrow and winding with poor forward visibility in places. The Department of Transport has indicated that minimal additional development would not be objectionable in the Clay Head area due to the number of properties which are already using the existing roadway. The Department has considered the existing ribbon of development at this part of Clay Head Road and would not oppose the principle of one additional dwelling alongside the property known as Stroule and opposite Thie my Chree. This would terminate built development at a similar point on both sides of the road before Clay Head Farm and Sea Crest further down the hillside and would utilise an area which is presently overgrown and un-maintained. The erection of a dwelling in this position should be designed and positioned so as not to intrude upon the amenities of either adjacent dwelling and provision should also be made within the site for the turning of vehicles so that such can enter and exit the site in a forward gear. Provision could also be made within the site for the benefit of visitors and residents of the area, for a turning facility for users of the road, to be adopted by the highway authority in due course."
Arising from this there is a parcel of land adjacent to the application site for this current planning application that is allocated for residential development for one dwelling. This area is annotated as area 12 and is covered by policy L/RES/PR/9.
The general stance in respect of residential development within the Laxey and Lonan Area Plan Order 2005 area is set out by policy L/RES/PR/1, which states:
"Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential. In particular, in the case of Agneash no further dwellings will be approved although, as will be the case in areas zoned as residential, alterations and extensions to existing property may be accepted if such proposals are sympathetic to the character and appearance of both the building to be altered and the surrounding area in general."
Directly following on from this policy the document states:
"The Department has identified those areas which it considers are suitable for residential development and is confident that this provision will satisfy the need for new housing within the plan period. As such it is felt that there will be no justification for additional dwellings to be approved outside these areas provided that the development of allocated areas is forthcoming during the plan period."
The general stance towards development in areas of open space, as defined by the Laxey and Lonan Area Plan Order 2005, is set out by policy L/OSNC/PR/1, which states:
"There will be a general presumption against development on areas designated as open space or open space for particular purpose."
The general stance towards development in areas of ecological interest, as defined by the Laxey and Lonan Area Plan Order 2005, is set out by policy L/OSNC/PR/3, which states:
"In order to preserve those areas of interest to nature conservation within the study area, there will be a general presumption against any development which would have an adverse impact or effect thereon. This
policy will apply to areas identified as of ecological interest on the plans and those which may be identified in the future as of such importance.
As can be seen there is, under the Laxey and Lonan Area Plan Order 2005, a presumption against the residential development of land such as the application site for the current planning application. This presumption against is supported by the Department's general position in relation to residential development in the countryside that is set out by Planning Circular 1/88, Residential Development – Houses in the Countryside. It is considered that there are three key aspects within this circular that are material to the assessment of the current planning application. Firstly, paragraphs 2 and 3 of the circular refer to the allocation of sites for residential development through the local plan process, which serves to emphasise the relevance of the Laxey and Lonan Area Plan Order 2005. They acknowledge that "Land has been allocated for residential development as extensions of existing towns and villages to take advantage of existing infrastructure and services." and that "The remaining areas of the Island are intended to remain substantially free from development." Secondly, leading on from this paragraph 5 identifies that "the Manx countryside is extremely fragile and even a limited development can have an impact out of all proportion to its size". Thirdly, at paragraph 6 the circular recognises 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".
In terms of the principle of residential development of the application site, which is essentially the crux of planning application, it is considered that the issue is relatively straightforward. As set out earlier within the planning policy section of this report, under the relevant local plan the application site is not zoned for the proposed development and is actually located within a) a wider area of open space/agricultural land; b) a wider area of high landscape value and scenic significance; and c) a wider area of ecological interest. It therefore logically follows that the principle of residential development is contrary to the provisions of the relevant local plan. Specifically this means that the proposed development contravenes the provisions of policies L/RES/PR/1, L/OSNC/PR/1 and L/OSNC/PR/3. Those policies exist to protect the countryside from unwarranted development and in this instance serve to protect this area of land from built development. There is no justification to set aside these policies and refusal of the planning application can be legitimately made on that basis. Additionally to this, the proposed development is also contrary to the provisions of Planning Circular 1/88 and refusal can also be legitimately made on that basis.
Expanding on the local plan issues, throughout the preparation of the local plan and the subsequent planning applications for a single dwelling it can be seen that the erection of one dwelling within the area was considered acceptable. Only after the adoption of the local plan was a planning application seeking the erection of the dwelling was approved. Therefore, the one additional dwelling referred to within paragraph 4.49 of the local plan now has approval, which completes the level of development within the area that was envisaged by the Department and that is put forward by the local plan. Additional development is unwarranted and contrary to the local plan.
In terms of the planning application the applicant has stated their belief that the proposal would "complete development of a gap site", which is presumed to mean that they consider the development to be infilling. Even if the presumption against development in this location is set aside, and infilling was considered acceptable, it would be incorrect to refer to the development as infilling. At present it would be development in the open countryside and even if the dwelling approved under previous planning application 06/00721/B were built it would remain development between a dwelling and the open countryside.
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:
The Department of Agriculture, Fisheries and Forestry; Manx National Heritage; The Isle of Man Water Authority; and The Manx Electricity Authority.
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 owner and/or occupant of Fernbank; The owner and/or occupant of Anorgarth House; The owner and/or occupant of The Lhergy; The owners and/or occupants of 45 Bemahague Avenue; The owner and/or occupant of Garden House; The owner and/or occupant of Kohima; The owner and/or occupant of Snaefell; The owners and/or occupants of Kenmare; The owner and/or occupant of Stoneycroft; The owner and/or occupant of Thie Cornell; The owners and/or occupants of Fir Trees; The owner and/or occupant of Ardmay; The owner and/or occupant of Begra; The owner and/or occupant of Geay Varrey; The owner and/or occupant of Crag Lea; The owner and/or occupant of Garwick; The owners and/or occupants of Adwalton; The owner and/or occupant of Howe Farm House; The owners and/or occupants of Ramillies; The owner and/or occupant of Lyndholme Lodge; The owners and occupants of Cooil Beg; The owners and/or occupants of Seacliffe, Clay Head Road; The owner and/or occupant of Seacliffe, Braddan; and The Society for the Preservation of the Manx Countryside and Environment.
Recommended Decision: Refused
Date of Recommendation: 18.10.2006
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
R 1.
Under the Laxey and Lonan Area Plan Order 2005 the application site is located within wider areas of land that is designated as a) open space; b) high landscape value and scenic significance; and c) ecological interest.
In respect of a) the application site is neither zoned for residential development nor does the proposed development represent the erection of replacement dwellings nor is there appropriate agricultural need for the proposed dwellings. As such the principle of the residential development of the application site is contrary to policy L/RES/PR/1 of the Laxey and Lonan Area Plan Order 2005 and the provisions of Planning Circular 1/88, which seek to protect the countryside from unwarranted residential development.
In respect of b) the development of the application site is contrary to provisions of policy L/OSNC/PR/1 of the Laxey and Lonan Area Plan Order 2005, which sets out a presumption against development and seeks to protect existing areas of open space within the plan area from unwarranted encroachment.
In respect of c) the development of the application site is contrary to the provisions of policy L/OSNC/PR/3 of the Laxey and Lonan Area Plan Order 2005, which seeks to preserve sites of ecological interest and protect them from detrimental 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 : 31/10/06
Signed: [Handwritten signature] M. I. McCauley Director of Planning and Building Control
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