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The site is part of the residential curtilage of Slieau ny Creggin Cottage, a detached dwelling situated on the eastern side of the A3 Foxdale Road, opposite the A36 shoulder road which leads from the Ballamodha Road to the Sloc. The site represents one acre, the remaining curtilage of Slieau ny Creggin Cottage retaining 2 acres as its curtilage. The curtilage of the cottage is presently characterised by rough land particularly on the side where the new dwelling is proposed to be built with some conifers within the site.
The site has a frontage to the road of 20m: the existing cottage has a frontage of a further 46m. The depth of both plots is 158m.
The site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as "white land", that is, not designated for development. On the draft Southern Area Plan the
site is within an area not designated for development: the Landscape Character Assessment plan identifies the site as within an area of Uplands where the following advice is provided:
"The overall strategy for the area is to conserve and enhance the character, quality and distinctiveness of the open and exposed character of the moorland, its uninterrupted skyline and panoramic views, its sense of tranquility and remoteness and its wealth of cultural heritage features. Key views include open and expansive views out to sea and over the southern portion of the Island. Distant views in some areas enclosed by the surrounding peaks." (paragraph 3.4)
Proposed is the principle of the erection of a new dwelling. No supporting information has been provided to indicate why the Department's policies against development in the countryside should be set aside in this case. The agent indicates that the existing access is poor and that the proposal will include the provision of a new, shared access. What is shown on the plans is a shared drive with visibility splays of 800m to the north and 600m to the south.
The application site defined in red contains only half of the proposed new access - the remainder being within the area shown in blue as land within the applicant's ownership or control.
The Strategic Plan - Towards a Sustainable Island sets out a number of policies which presume against development outside established settlements:
Strategic Aim: "To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage."
Strategic Policy 1: "Development should make the best use of resources by: a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings and re-using scarce, indigenous building materials; b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards and c) being located so as to utilise existing and planned infrastructure, facilities and services".
Strategic Policy 2: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3".
Strategic Policy 10: "New development should be located and designed such as to promote a more integrated transport network with the aim to:
a) minimise journeys, especially by private car; b) make best use of public transport; c) not adversely affect highway safety for all users, and d) encourage pedestrian movement."
Spatial Policy 5: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3."
General Policy 3: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
a) essential housing for agricultural workers who have to live close to their place of work (Housing Policies 7, 8, 9 and 10)
b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment d) the replacement of existing rural dwellings (Housing Policies 12, 13 and 14) e) location-dependant development in connection with the working of minerals or the provision of necessary services; f) building and engineering operations which are essential for the conduct of agriculture or forestry g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative and h) buildings or works required for interpretation of the countryside, its wildlife or heritage".
Environment Policy 1: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
Housing Policy 4: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions (1) of these towns and villages where identified in adopted Area Plans: otherwise new hosing will be permitted in the countryside only in the following exceptional circumstances:
a) essential housing for agricultural workers in accordance with Housing policies 7, 8, 9 and 10; b) conversion of redundant rural buildings in accordance with Housing Policy 11; and c) the replacement of existing rural dwellings and abandoned dwelling in accordance with Housing Policies 12, 13 and 14."
Sustainable Urban Extensions are defined in the Definitions and Glossary of Terms as involving "the planned expansion of a city or town and can contribute to creating more sustainable patterns of development when located in the right place, with well planned infrastructure including access to a range of facilities, and when developed at appropriate densities."
Planning permission was sought for the installation of replacement uPVC windows and French window to rear elevation of Slieau ny Creggin Cottage - 03/0958 - permitted.
The Manx Electricity Authority request a condition regarding consultation with them relating to the provision of electricity supplies. This is not a material planning consideration.
The site is not designated for development and whilst the proposed dwelling is situated within a residential curtilage, there is no presumption in favour of the erection of further dwellings if the site lies within an area which is not designated for further development. The Strategic Plan policies set out why development should not generally be permitted outside established settlements and there is no justification provided within the application for the erection of a dwelling in this location.
The site definition should more correctly have included all of the land associated currently with Slieau ny Creggin Cottage in red as part of the proposal is the creation of a new access to serve both properties - the existing and proposed.
The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
The Manx Electricity Authority raises issues which are not material planning considerations and as such should not be afforded party status in this instance.
Recommended Decision: Refused
Date of Recommendation: 06.05.2011
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
R 1.
The erection of a dwelling on this site would represent an unwarranted development in the Island's countryside and would be contrary to both the land use provisions of the Isle of Man Planning Scheme (Development Plan) Order 1982 and to the provisions of the Island Strategic Plan, in particular to the Strategic Aim, Strategic Policies 1c, 2 and 10, Spatial Policy 5, General Policy 3, Environment Policy 1 and Housing Policy 4.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Senior Planning Officer.
Decision Made : Refused Date : 23/5/11
Signed : [Handwritten signature] Senior Planning Officer
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