Loading document...
The site defined in ref represents the footprint of a proposed dwelling within a field on the north western side of the B11 Ballaragh Road. Also defined in blue is a wider area - around 6 fields stretching from the Clarum Road to just north of the main group of dwellings.
The site is within an area designated on the Laxey and Lonan Area Plan of 2005 as High Landscape Value and Scenic or Coastal Significance.
No planning applications have been sought on the site of this proposed dwelling.
The proposal is for the principle of a new dwelling to be built to the south west of the existing group of buildings within the site. The new dwelling would be a "Scandinavian log cabin construction" and designed to accommodate wheelchair access. The dwelling presently occupied by the applicants is not suitable for disabled person's accommodation and the applicants wish to move from the existing farmhouse to this new purpose-built dwelling.
The site lies within an area where new dwellings are not generally permitted. Approval has been sought for further development alongside Sea Dawn (PA 01/2456). Whilst sympathetic to the applicants' very significant medical problems, planning permission relates to and runs with the land and not with individuals and personal circumstances should rarely, if ever justify development which would otherwise be unacceptable and indeed has been considered so in the immediate vicinity. The Society for the Preservation of the Manx Countryside and the Environment helpfully provides details of other development which has been supported by cases associated with the health of the applicants - both refused (PA 06/2023 refused and PA 06/1784 - presently under consideration although this is for a new farm dwelling and is not comparable with this present application).
The Manx Electricity Authority and the Isle of Man Water Authority raise issues relating to supply conditions not material planning considerations and as such should not be afforded party status in this instance.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
The occupants of Booilley Vooar and Gwendra all occupy premises close within the hamlet to this proposed development and would be affected by the principle which approval of this application would establish and as such should be afforded party status in this instance.
Society for the Preservation of the Manx Countryside and the Environment are not directly affected by the proposal and as such should not be afforded party status in this instance.
Recommended Decision: Refused
Date of Recommendation: 26.02.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1. The site lites outwith the area designated for development on the Laxey _ Lonan Area Plan which was adopted by Tynwald in 2005. Whilst sympathetic to the circumstances in which the applicants find themselves, these circumstances do not justify setting aside the very clear land use policies prevalent here. Permission of this application would establish an unacceptable precedent for further development in this undesignated area and would be contrary to the refusal issued in respect of PA 01/2456 adjacent to Sea Dawn.
R 2. It is unlikely that a "Scandinavian log cabin" style of building would be visually sympathetic to this rural area.
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: 25/2/07
Signed : M. I. McCauley Director of Planning and Building Control
Copyright in submitted documents remains with their authors. Request removal
