Officer Planning Report 07/00457/B

Application No ... Page of - The site is within an area of white land not 2oned for dev, under the IOM Rev Order 1982. The site is also within an area of HCCUSS - with regard to this app The Strategic plan is relevant particularly General Policy 3 & Env policy 2 - under General policy 3, this policy set out what exceptions are generally permitted within the countryside. - This proposal which is regard as tantamount to the creation of a new dwelling in the countryside would not meet the criteria as set out in General policy 3. - additionally Env policy 2 states that dev within areas of High landscape & scenic significant should only be permitted when the dev would not harm the character & quality of the landscape or the location for dev is essential; The authoring considers the proposal would contrave This policy as it is not essential. Application No ... Page of - as indicated within my report (page 4) The authority receives many similar applications which are refused on the same basis as this application, an example of which is within my report. - Regarding to the applicants comments that the site is clearly in existing res curtilage, the site is zoned within an area of white land not zoned for rev. [illegible handwritten note] - obviously it was considered that all properties within the county side were the opposite that were not zoned within the land not zoned for rev, which the majority are - whilst the property does not have a residential curtilage, the site is overall within an area of white land, not zoned for dev, & there the formation policies are relevant, and for those reasons the application was refused for the reason given. - Would you accept that alterations could be made to the driveway. - Isle of Man Planning Scheme (Development Plan) Order 1982 - Planning Circular 1/88 – Residential Development in the Countryside - The Isle of Man Strategic Plan (20th June 2007) – General Policy 3 & Environment Policy 2 ### Planning History Conversion of attic to additional living accommodation, including the addition of dormer windows and roof lights - 02/01344/B – APPROVED Construction of porch to rear elevation - 86/00298/B - APPROVED ### Proposal The application proposes the erection of a detached garage block with tourist / guest accommodation above. The proposed development would have a width of 8.9 metres, a depth of 6.6 metres and a maximum height of 6.6 metres. Within the roof space the application proposes three dormer windows to the front elevation and three velux roof lights to the rear elevation. Additionally the submission includes a high level gable window. To gain access the above living accommodation, an external staircase is proposed to the side elevation (west). ### Representations Ballaugh Parish Commissioners comment on the application as follows:- No objection Highways Division have no objection subject to the imposition of the following condition: One off-street parking space shall be provided for the guest accommodation. ### S.P.M.C. & E:- This really amounts to a new house in the countryside with garaging beneath. We have been seeing several schemes such as this - see 06/2229 and it's successor 07/0399 at Malew House and 06/01766 at Foxdale - is it the latest ploy to get around the restriction on the building of new houses in the countryside? One hopes not but nevertheless it has to be stopped. The Society Objects in the same terms as on the occasions quoted above, most of which have been, quite rightly, refused. The Chief Fire Officer makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice. The Planning Authority has received no privately written representations objecting to the application. ### Assessment / Recommendation The following Circulars and Polices need to be taken into consideration when considering this application. Planning Circular 1/88 – Residential Development – Houses in the Countryside, the purpose of the Circular is to give general guidance as to the Department’s policy with regard to residential development with particular emphasis on development in the countryside. Paragraph 3 of this Circular states:- 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. Paragraph 5 of this Circular states:- It is recognised that the Manx countryside is extremely fragile and even a limited development can have an impact out of all proportion to its size. Account has been taken of public concern about encroachment of development into the countryside, along the coast and headlands and into the areas of scenic ecological importance, and appropriate safeguards are incorporated in the Development Plan. ### Paragraph 6 of this Circular states:- 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. ### The Isle of Man Strategic Plan, General Policy 3 states:- 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, historic, or social value and interest; (Housing Policy 11); (c) previously development 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; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent 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. ### The Isle of Man Strategic Plan - Environment Policy 2 states:- The present system of landscape classification of Areas of High Landscape Value and Costal or 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 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. The proposed building would involve almost a full two storeys and create self-contained living accommodation which would be tantamount to a new dwelling in the countryside in terms of its use and its appearance. Whilst a condition could be attached tying the occupation of the new building to that of the main house, the fact remains that it is a self-contained unit which looks like and for all intents and purposes is, a new dwelling in an area which is not designated for such development. Fundamentally, in terms of planning policy there is a long established presumption against new build 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 1982 Development Plan Order. Secondly, General Policy 3 of the Isle of Man Draft Strategic Plan, states that in such areas new dwellings will generally not be permitted. Thirdly, Planning Circular 1/88 sets out a general presumption against new residential development in the countryside, unless needed to serve the needs of a viable agricultural holding. Fourthly the site is within an area of High Landscape Value and Coastal or Scenic Significance and