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The application site is located at the end of the road that leads from Abbeylands Crossroads to Lanjaghyn Farm at the north eastern end of the Abbeylands area of Onchan. The site contains a derelict two-storey building. The application site has been previously visited as part of the assessment of previous planning applications.
The planning application seeks approval in principle for the demolition of the existing building contained within the application site and the erection of a dwelling.
There have been a number of previous planning applications related to the application site, three of which are considered specifically material to the assessment of this current planning application:
Planning application 02/00986/A sought approval in principle for the conversion and extension of the building contained within the application site to a dwelling. This previous planning application was initially considered and refused by the Planning Committee on the 3rd October 2002, with the initial refusal decision notice issued on the 10th October 2002. The initial refusal was subsequently reversed by the Planning Committee at review on the 31st January 2003, with the review approval decision notice issued on the 13th February 2003. A subsequent appeal against the approval was dismissed by the Minister, contrary to the recommendation of the appointed Planning Inspector, with the appeal approval decision issued on the 25th July 2003. This approval, which was originally due to expire on the 25th July 2005, was extended by the Planning Committee for two years and expires on the 25th July 2007.
Planning application 03/01556/REM sought approval, as a reserved matter to previous planning application 02/00986/A, for the upgrading of an existing farm track as an alternative access to the application site. This previous planning application was initially considered and approved by the Planning Committee on the 16th
January 2004, with the initial approval decision notice issued on the 28th January 2004. The initial approval was confirmed by the Planning Committee at review on the 26th March 2004, with the review approval decision notice issued on the 1st April 2004. A subsequent appeal against the approval was dismissed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal approval decision issued on the 24th August 2004.
Planning application 05/00998/B sought approval for the conversion and extension of the building contained within the application site to a dwelling. This previous planning application was initially considered and refused by the Planning Committee on the 2nd September 2005, with the initial refusal decision notice issued on the 5th September 2005. The initial refusal was confirmed by the Planning Committee at review on the 28th October 2005, with the review refusal decision notice issued on the 10th November 2005. A subsequent appeal against the refusal was accepted by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal approval decision issued on the 21st June 2006.
Onchan District Commissioners recommend that the planning application be refused.
The Department of Transport Highways Division do not oppose the planning application subject to the imposition of conditions.
The Society for the Preservation of the Manx Countryside and Environment object to the planning application and refer to the planning history of the application site.
The Department of Agriculture, Fisheries and Forestry's Wildlife and Conservation Officer highlights that Japanese Knotweed is present within the application site and existing building. They request that any approval is conditioned to require proper removal of this. They also advise that the access field to the site is classified as marsh grassland and that as such there may be orchids or frogs present on the line of the proposed access track. They request that any approval is also conditioned so that an appropriate survey is undertaken and submitted as part of any subsequent detailed planning application.
Under the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000 (Map No. 2) the application site is located within a wider area of land that is designated as open space. Policy O/RES/P/22 of Planning Circular 1/2000, which constitutes the written statement to be read in association with the local plan, 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 Eastern Sector (Planning Circular 9/91)."
Planning Circular 1/88 sets out the general policy stance on residential development in the countryside. It states, at paragraph 3, 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." and continues on to say at paragraph 6 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." Critically in relation to this current planning application the Planning Circular states, at paragraph 8, that "There are already many dwellings in the countryside, built over the years, which are available in planning terms for those wanting to live in a rural location. If a dwelling has retained its residential use, it may be legally occupied and any planning application for its refurbishment, extension or redevelopment will be considered in accordance with the provisions of the 1982 Development Plan Order. Where a building's residential use has been lost by abandonment any development thereof is likely to be discouraged."
In order to assess the development proposed by the planning application it is considered appropriate to have particular regard to the relevant planning history for the site and the applicable planning policy. The level of detailed contained within the planning application would have to be described as the bare minimum required to satisfy the requirements of an approval in principle planning application. The planning application does not give any illustrative indication of the size and position of the proposed dwelling.
As detailed earlier in this report the application site, and the building contained within it, have been the subject of previous planning applications. Indeed, it can be seen that there is an extant planning approval through previous planning application 02/00986/A and 05/00998/B for the conversion and extension of the existing building as a dwelling. An examination of the former of these two planning approvals, 02/00986/A, reveals that it was granted on the basis that the then Minister resolved that "it is apparently possible to retain the majority of the external structure as part of the conversion" and that "having regard to the potential for improvement in the appearance of the local landscape, the Minister has concluded that it would be appropriate to adopt a more liberal interpretation of the Department's policies in respect of redundant buildings than that used by the appointed person". This view was contrary to the recommendation of the appointed Planning Inspector and was done so on the basis that the then Minister deemed the existing building capable and worthy of renovation. Condition no.s 2 and 3 of the approval decision for 02/00986/A support the then Minister's view that renovation was an acceptable form of development.
This current planning application materially differs from the two extant approvals as it proposes demolition of the existing building and the erection of a new dwelling rather than renovation. Such demolition is significantly different to the grounds under which the two extant planning approvals were granted and it is therefore necessary to assess the current proposal against local plan and general planning policy. In this respect the erection of a new dwelling is contrary to both local plan and general planning policy, as detailed earlier in this report. The existing building clearly lost its habitable status many years ago and as such the erection of a replacement dwelling does not accord with the provisions of Planning Circular 1/88. Therefore, it has to be concluded that the development proposed by the planning application is unacceptable.
Setting aside the principle of development a number of the responses on the planning application form that have been submitted are disputable. In particular, the response to question 12 of the application form states that the proposed development will not require a new or amended supply of gas, electricity, water or telecommunications. Given the nature of the application site and the state of dereliction of the existing building it is considered highly probable that new or amended supplies of some or all of these services will be required. Furthermore, at question 13 it is stated that both rainwater run-off and foul sewage will be disposed of as existing. Given neither are currently dealt with on the application site the answers to this question must be erroneous. Nevertheless, given the location of the site if the planning application were approved it should not be problematic to provide services and to deal with rainwater run-off and foul sewage. Therefore, whilst these parts of the planning application are incorrect they are not considered to be reason in themselves for refusal.
Overall, it is recommended that the planning application be refused on the grounds of local and general planning policy.
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:
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:
Whilst it is recommended that the planning application be refused, should planning approval subsequently be granted at appeal the following conditions are suggested:
Recommended Decision: Refused
Date of Recommendation: 19.03.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
Whilst it is recognised that extant planning approval exists for the conversion and extension of the existing dwelling the development proposed by this current planning application is materially different in that it proposes the erection of a new dwelling. As such the proposed development has to be assessed against local plan and general planning policy.
In the first instance the proposal is contrary to the zoning of the application site under the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000 and policy O/RES/P/22 of Planning Circular 1/2000, which seeks to protect the countryside from unwarranted development. Furthermore, the erection of new residential development in this location is contrary the general planning policy set out by Planning Circular 1/88, which also seeks to protect the countryside from unwarranted development. As such the proposed development is deemed to be unacceptable on the basis that it is contrary to the provisions of local plan and general planning policy.
Decision Made : REFUSED Committee Meeting Date : 30/3/07
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