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The application site comprises of a parcel of land that is located on the western side of Little Mill Road in Onchan.
The planning application seeks approval in principle for the erection of a dwelling with two garages on the application site.
The application site has not been the subject of any previous planning applications that are considered material to the assessment of the current planning application.
Onchan District Commissioners recommend that the planning be refused on the grounds that the application site is not zoned for residential development within the local plan and that, as such, the proposal is contrary to planning policy.
The Isle of Man Water Authority highlight the presence of two raw water mains within the application site. They request that any approval requires the applicant to contact them to discuss the location and protection of the water mains.
The Society for the Preservation of the Manx Countryside and Environment object to the planning application. The grounds for their objection can be summarised as concern regarding the zoning of the land, the establishment of precedent for development and the principle of development in the countryside.
The owner and/or occupant of Ballacain, which is located approximately 250 metres south east of the application site, objects to the planning application. The grounds for their objection can be summarised as concern regarding the zoning of the land, the establishment of precedent for development and the location within the protected water catchment zone.
The owner and/or occupant of Glen Rosa, which is located approximately 125 metres south of the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the proposal is contrary to the local plan, that the application site is within the protected water catchment zone and that the road is not suitable of accommodating more dwellings.
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 application site is zoned for residential development and that there is insufficient justification to warrant approval.
Under the Onchan Local Plan Order 2000 the majority of the application site is within a wider area of land designated as open space. A smaller part of the application site, located along its western boundary, is within wider areas of land that is designated as a) open space (private woodland or parkland); and b) ecological interest/semi natural vegetation. The entire application site is within a wider area of land that is identified as land unsuitable for development owing to a danger of pollution of an existing or future public water supply.
Planning Circular 1/2000, which constitutes the written statement to be read in association with the local plan, contains a number of policies that are considered material to the assessment of the planning application:
Policy O/RES/P/22 states:
"Outside those areas designated for residential development new dwellings will generally not be permitted within the Local Plan area. This applies particularly to the rural part of the district where the countryside is already protected by Planning Circular 1/88 the provisions of which will continue to be applied. In addition it should be noted that the countryside in its entirety within the district is designated by the Local Plan as of high landscape value and scenic significance in accordance with the provisions of the Island Strategic Plan Easter Sector (Planning Circular 9/91)."
Policy O/NC/P/2 states:
"In order to preserve the areas of interest for nature conservation within the study area, there will be a general presumption against any development which would have an adverse impact or effect on any area of ecological interest including both those identified in this document and others which may subsequently be identified as of interest or value to nature conservation."
The Department's general policy on residential development in the countryside is set out by Planning Circular 1/88 (Revised). Basically, the circular highlights a general presumption against residential development in the countryside.
Paragraph 3 of the circular states:
"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."
Paragraph 5 states:
"It is recognised that the Manx countryside is extremely fragile and even a limited development can have an impact out of all proportion to its size. Account has been taken of public concern about encroachment of development into the countryside, along the coast and headlands and into the areas of scenic ecological importance, and appropriate safeguards are incorporated in the Development Plan."
Paragraph 6 states:
"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 planning application seeks approval in principle for the erection of a dwelling with two garages on the application site. The application submission comprises of a red line defined on a location plan, an illustrative
house type and a supporting statement setting out the applicant's justification for the proposed development. The applicant's justification for the proposal is that the dwelling will be accommodation for them and their parents, allowing them to assist their parents. The applicant's parents own the application site and currently live in a dwelling close to the application site, as identified by the blue line on the submitted plan. Overall, they do not consider the impact of the proposed development to be detrimental to the area.
Firstly, before considering the assessment of the planning application it has to be identified that the provision of the accommodation described by the applicant in their statement would require a condition restricting the use of the accommodation to that of ancillary accommodation. It could be argued that the applicant is actually seeking approval for the erection of two flats on the application site and if approval was granted it would be necessary to ensure that the design was such that the overall building could be readily used as a single dwelling.
In terms of the assessment of the development proposed by the planning application it is necessary to start any assessment against the relevant local plan designations and planning policies. As identified earlier within this report the application site is not specifically designated for residential development, meaning that the proposal represents the residential development of open space. Therefore, in the first instance the proposed development is contrary to its designation in the local plan and policy O/RES/P/22 of Planning Circular 1/2000. This in turn is backed up by the presumption against residential development in the countryside that is set out by Planning Circular 1/88 (Revised), which seeks to preserve the countryside from encroachment. This is considered to be the principal grounds for refusal of the planning application.
As previously identified, part of the application site is partially within a wider area of land that is designated as being of ecological interest/semi natural vegetation. Although it is probably possible to erect a dwelling on the application site without affecting this land it still remains that the defined application site includes it. As such policy O/NC/P/2 of Planning Circular 1/2000 is applicable. This policy sets out a presumption against development on such land, which is considered to be grounds for refusal of the planning application.
Notwithstanding the above, it has already been identified that the application site is within land that is identified as being unsuitable for development owing to a danger of pollution of an existing or future public water supply. In this instance the application site is in close proximity to Clypse and Kerrowdhoo Reservoirs. Whilst the long term need and use of these reservoirs in not known for the time being they are used for public water supply and their protection is important. Setting aside the potential of pollution from construction the proposed dwelling will require a septic tank, which could cause problems in the event of tank or tail drain problems. This is also considered to be grounds for refusal of the planning application.
With regards to the applicant's justification for the proposed development it must be remembered that built development will generally outlast those who built them by several generations. Bearing this in mind, planning has to be concerned with the future impact of development and, as such, personal circumstances are rarely sufficient justification to set aside established planning policy. Additionally, whilst financial concerns are not normally the concern of planning it is considered pertinent to note that both the applicant and their parents have existing properties which they could legitimately sell, which should free sufficient funds to go towards the partial or full purchase of property that would suit their individual needs. The justification put forward by the applicant is not considered sufficient to set aside the policy provision against the proposed development.
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:
Onchan District Commissioner; and The Isle of Man Water 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 Society for the Preservation of the Manx Countryside and Environment; The owner and/or occupant of Ballacain; The owner and/or occupant of Glen Rosa; and The owner and/or occupant of Seacliffe.
Recommended Decision: Refused Date of Recommendation: 06.12.2006
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
By reason of its designation under the Onchan Local Plan Order 2000 the proposal is contrary to the presumption against residential development outside of areas designated for such purpose, as set out by policy O/RES/P/22 of Planning Circular 1/2000 and the general provisions of Planning Circular 1/88 (Revised). As such, the erection of a dwelling on the application site represents unwarranted encroachment into the countryside to the detriment of the amenity of the area.
By reason of its designation under the Onchan Local Plan Order 2000 the proposal is contrary to the presumption against development that would have an adverse impact or effect on an area of ecological interest, as set out by policy O/NC/P/2 of Planning Circular 1/2000.
Due to its location within proximity of Clypse and Kerrowdhoo Reservoirs the proposed development is considered inappropriate by reason that the development and use of the site for residential purposes would increase the possibility of the pollution of an existing or future public water supply.
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: 14/12/06
Signed: M. I. McCauley Director of Planning and Building Control
M. I. McCauley Director
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