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Application No.: 21/01290/B Applicant: Mr Darren Hind Proposal: Erection of proposed detached dwelling and integral garages Site Address: Water Gardens Jurby Coast Road Jurby West Isle Of Man IM7 3AS Principal Planner: Mr Chris Balmer Photo Taken: 09.02.2022 Site Visit: 09.02.2022 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 14.02.2022 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
This application has been recommended for approval for the following reason.
It is considered the proposal for a single dwelling on this site would meet the tests of "previously-developed land" and with the careful design dwelling proposed result in a significantly improvement to the environmental and landscape and a more sustainable form of development complying with General Policy 3, Environment Policy 1 & 2 and Transport Policy 4 & 7 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information; This approval relates to the submitted documents and drawings all received on 15.11.2021. _______________________________________________________________
Additional Persons
None _____________________________________________________________________________
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE MEMBERS AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL.
1.0 SITE - 1.1 The application site forms part of the existing curtilage of Jurby Water Gardens which is located along the north western side of the Jurby Coast Road with the settlement of Jurby located to the northeast of the site. - 1.2 The site is heavily developed which includes large single storey green houses, polytunnels, sheds, ponds, large expanse of gravel area for parking spaces/turning facilities. In terms of area the site equates to 3060sqm and the total area covered by buildings is 800sq m (main greenhouse makes up 720sq m) and the hardstanding area makes up a further 912sq m of the total. The highest ridge level- 103.940. There is also wind break fencing to the north of the site. - 1.3 There is an existing access which is 6.5m wide which accesses directly onto the Jurby Coast Road.
2.0 PROPOSAL - 2.1 The application seeks erection of proposed detached dwelling and integral garages. The proposed dwelling has a total floor area of 517sqm, a gravel driveway of 297sqm and highest ridge level of 104.350. The dwelling would be single storey in height with a total of three shallow pitched roof sections which are connected together with flat roofed elements forming a "U-shaped" building, with a central courtyard area. - 2.2 The dwelling is contemporary in overall design and is finished in a mixture of render (lower walls) and upper section finishes in a metal standing seam cladding (dark grey in colour) to the main parts of the dwelling. The front integral garage would be finished in natural cedar timber cladding laid (left to weather natural) vertically with an open joint detail. The pitched
3.0 DEPARTMENT POLICIES - 3.1 The application site is within an area to which the Isle of Man Planning Scheme (Development Plan) Order 1982 still applies. The application site is not designated for development within the 1982 Order. The site is not within a Conservation Area but is within an area of High Landscape Value or Coastal Value and Scenic Significance. - 3.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application: - 3.3 Spatial Policy 5 states: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3." - 3.4 Environmental 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." - 3.5 Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: (a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential." - 3.6 General Policy 3 indicates Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan other than in exceptional cases, which includes, "(c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment". - 3.7 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 housing will be permitted in the countryside only in the following exceptional circumstances:
3.8 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan." - 3.9 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7." - 3.10 As General Policy 2 sets out general 'Development Control' criteria it is considered capable of being applied to this proposal.
4.0 PLANNING HISTORY - 4.1 The previous planning application is considered relevant in the assessment and determination of this application; - 4.2 Approval in principle for the erection of a detached dwelling, addressing means of access - 18/01283/A - APPROVED (05.03.2019 - now expired) with the following relevant condition;
"C 4. The new dwelling must be single storey. Reason: To ensure the visual impact of the development has a reduced impact to the landscape and the wider environment."
5.1 Highways Services comment (03.12.2021); "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised that Highway Licences may be necessary for use of the highway." - 6.0 ASSESSMENT
6.1 Fundamentally, in terms of planning policy there is a long established presumption against new residential development in the countryside. As identified earlier within the planning policy section of this report, this presumption against is set out in four different ways. Firstly, the application site is not zoned for residential development under the IOM Development Plan 1982 and therefore Environment Policy 1 requires consideration. This policy indicates that the countryside and its ecology will be protected for its own sake, 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. Secondly, General Policy
6.2 The proposed dwelling does not serve a viable agricultural holding nor replaces an existing dwelling and therefore there are no special circumstances to warrant the setting aside of the presumption against development. The development proposed by this planning application could be considered to be contrary to the current policies of the Department. - 6.3 However, General Policy 3 paragraph (C) would has been suggested by the applicants as why the proposal would fit planning policy. This section of GP3 indicates that; "previously
developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;". Further, under Appendix 1 of the Isle of Man Strategic Plan the term is defined as:"Previously-developed land is that which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure.
The definition includes defence buildings, but excludes:
There is no presumption that land that is previously-developed is necessarily suitable for housing development nor that the whole of the curtilage should be developed."
6.4 It is considered the site and associated buildings, structure, signage and large hardstanding's would all meet the definition of "previously-developed land" and therefore the principle of a dwelling on this site is considered acceptable. This was also concluded with the previously approved application (18/01283/A) on the site and there are no material planning matters which would result in a different conclusion now. Accordingly, in terms of the principle of a dwelling on this site in accordance with GP3, it is once again considered acceptable. - 6.5 In term of redundancy the previous applicants (operated the water gardens) had provided a statement in their submission where they had indicated that they owned and operated the water gardens since 1993. However, in recent years business has fallen due to market changes and shopping habits. Due to this and also health reasons and reaching retirement age they decided to sell the business as a going concern. They advertised the business with Hilton Smythe Commercial Estate Agents on 7/9/16 for a year as well as advertising on the IOM and in UK with not one enquiry of interest. After the 12 month marketing contract finished, they advertised it in all the local newspapers and internet sites for a period of another year with little or no success. However, since this time they have been advised that the building is no longer fit for purpose and due to health reasons, they decided to close the business. Again, it would appear clear that the previous applicants/owners had tried for a number of years to sell the business without success. Further, the buildings within the site are not conducive for other uses, i.e. compared to an industrial building which could be used for a variety of uses. Furthermore, the site is not in a particularly sustainable location, being within the countryside. It is likely that if the application for a water garden was being proposed today, on this site, there would be likely to be concerns of its location and it not being within a sustainable location, closer to large settlements. Accordingly, replacing it with a single dwelling, which in turn will likely reduce the amount of visitors/staff going to and from the site, would be more sustainable. - 6.6 The next fundamental issue is whether the proposed redevelopment would reduce the impact of the current situation on the landscape or the wider environment and would result in improvements to the landscape or wider environment. - 6.7 Firstly, the proposed dwelling is sited on the majority of the existing footprint of the greenhouse/poly tunnel/areas of hardstanding. Further the main part of the dwelling is set
7.1 Overall, it is considered the proposal for a single dwelling on this site would meet the tests of "previously-developed land" and with the careful design dwelling proposed result in a
significantly improvement to the environmental and landscape and a more sustainable form of development complying with General Policy 3, Environment Policy 1 & 2 and Transport Policy 4 & 7 of the Isle of Man Strategic Plan 2016.
7.2 It is recommended that the application be approved. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted Committee Meeting Date: 21.02.2022
Signed : C BALMER Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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