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The application site represents a field/ paddock between the Heritage Trail, Glen Darragh Road and includes the existing dwelling, Close Moar, situated to the South of Glen Vine. Access to the site is
taken from Glen Darragh Road through an existing field access point. A single access point is indicated which would then lead to separate driveways. Full detailed plans have been submitted, however, these are advised as indicative.
The site is designated in the 1982 Development Plan Order as Open Space.
The following previous application is considered relevant to this application:
PA 05/00092 "Approval in principle for the erection of six detached dwellings", Field south of Close Moar, (County Series 1298) Glen Darragh Road, Glen Vine Douglas. Refused initially 7th April 2005 with the decision notice issued 21st April 2005.
PA 06/00635/A โ Approval in principle for the erection of four detached dwellings Field South of Close Moar (County Series 1298) Glen Darragh Glen Vine, Marown. Refused initially 10th August 2006, refused at Appeal 18th January 2007.
The Department of Highways Transport Division advise that they do not oppose the application and Marown Parish Commissioners advise that they do not object formally to the proposal. The Society for the Preservation of the Manx Countryside and Environment strongly object to the proposal and Mr Jessop of Port Soderick does not object.
Mrs Gulliver of Main Road, Glen Vine expresses concern regarding the development and impact on highway safety. The Department of Transport Drainage Division advise of no objection at this stage and the Isle of Man Water Authority request the imposition of a standard Note.
The application proposes, in principle, the construction of 2No. detached properties, with access via the existing field access with improvements indicated to provide a suitable visibility splay.
Within the vicinity of the application site there have been a number of relatively recent of residential developments and at the time of the previous application (PA 06/00635 refers) the applicant highlighted these sites, located to the north and east of the application site and the
In the Inspectors Conclusions in relation to PA 06/00635/A which sought approval in principle for the construction of 4 dwellings, the Inspectors stated in Paragraphs 20 to 22:
"Paragraph 20. I consider that there are two main issues in this case. The first relates to the fact that the site is not zoned for development, and the second concerns the suitability of the means of access to provide for a safe means of ingress and egress."
"Paragraph 21. In relation to this first issue, I consider that there is a fine distinction to be drawn between this site and other recently developed land. Much development has been approved and built in the vicinity recently, apparently not in accordance with the zoning of the development plan. This leaves the appeal site appearing as something of an anomaly, particularly when it is viewed on a plan. On the ground, as I saw at my site visit, the site provides a transition between reasonably low density development on the opposite side of the road and the open countryside, through which the old railway line still has the appearance of running. I have concluded that in the absence of a careful assessment of the need for development in this area, which should be undertaken as part of the development plan process, it would be against policy, and inappropriate in the circumstances, to uphold the appeal and grant planning approval."
"Paragraph 22. As to the question of the adequacy of the proposed entrance to the site on highway safety grounds, this appears to be a matter capable of resolution, although I do not have the direct comments of the Highways Division of the Department of Transport. The fact that it may be possible to provide a satisfactory access to the site does not outweigh the considerations which I have already dealt with."
The application now submitted proposes the construction of two dwellings and therefore represents a 50% reduction in density, however, whilst this now would appear as a transition between the built development and the railway line, the comments of the Inspector in relation to the previous application regarding the absence of an assessment of need, undertaken as part of a development plan process remain relevant.
With regard to the access to the site, the Department of Transport Highways Division advise that they do not oppose the application, given the visibility splays that could be achieved to serve the development.
It is recommended that the application be refused
Whilst it is recommended that the application be refused, the following conditions are suggested should planning approval be subsequently granted:
1) This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application. 2) This approval relates to Drawing Numbers 1098-00; 01; 02A and Planning Report submitted and date stamped 30th March 2007. No approval is hereby granted or implied to either the indicative footprint or house types indicated.
It is considered that the following who 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 residents of -
due to their distance from the application site do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status.
In addition, the SPMCE are not considered to have sufficient interest to meet the criteria of Government Circular 1/06 and should not be afforded interested party status.
Recommended Decision: Refused
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
The application site, located on the edge of built development, and in an area classed as open countryside in the 1982 Development Plan Order, is visible from the adjacent former railway line and Glen Darragh Road. The development of this area would be contrary to the zoning of the site and introduce development in an open and attractive area, contrary to the aims of the Order and Planning Circular 1/88 which states such areas are intended to remain substantially free from development. In addition, the development of this site would prejudice the preparation of a development plan for this area and establish a precedent for further development on undesignated land, both within the immediate vicinity and elsewhere on the Island.
Decision Made : Refused Committee Meeting Date : 15.6.07
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