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Application No.: 07/00737/A Applicant: Miss S L Howland Proposal: Approval in principle to erect a dwelling Site Address: Land Adjoining The Bungalow Main Road Ballaugh Isle Of Man ### Considerations Case Officer: Mr Chris Balmer Expected Decision Level: Planning Committee ### Written Representations PMCS Seacliffe Old Castletown Road Ballaveare ### Consultations Consulttee: Highways Division Notes: Consulttee: Ballaugh Parish Commissioners Notes: Oppose Consulttee: S.P.M.C. & E. Notes: Comments received
THE APPLICATION SITE The application site is the land adjoining The Bungalow, Main Road, Ballaugh, located on the northern side of Main Road and east of Ballaugh Village.
PLANNING POLICY The application site is within an area recognised as being an area of ‘white land’ not zoned for development, under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area; however the site is within an area zoned as High Landscape or Coastal Value and Scenic Significance.
Change of use of land from agricultural to residential (06/01350/C) - Land Adjoining, The Bungalow, Main Road, Ballaugh – APPROVED.
Creation of a vehicular access and the retention of 1.5m wide pathway through a sod bank (05/01293/B) - The Bungalow, Main Road, Ballaugh – REFUSED ON THE GROUNDS:-
The site is not designated for development or for residential use. The site is visible from the adjacent highway. The creation of a vehicular access and continued use of the pathway to the site would intensify the unauthorised use of the site as residential land and would represent an unwarranted intrusion into the countryside. The applicant has not demonstrated that there is sufficient need to justify the creation of an additional vehicular access and has not demonstrated that there is sufficient need to justify an encroachment into agricultural land.
The application proposes the approval in principle to erect a dwelling.
Ballaugh Parish Commissioners oppose the application on the following grounds:-
It would be detrimental to an area of scenic significance. The area is not zoned for residential development. It would be ribbon development adjoining a major highway.
The S.P.M.C. & E strongly objects on the basis that the proposal would result in the creation of both a new house in the countryside and a continuance of ribbon development spreading outward from Ballaugh.
A Mr Jessopp advises that he has no objection in principle if the site is zoned, otherwise additional justification would be required.
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:-
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:
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 three 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 Costal or Scenic Significance and therefore contrary to Environment Policy 2 and a refusal can also be legitimately made on that basis as well.
The proposed dwelling does not serve a viable agricultural holding nor replacing an existing dwelling and therefore there are no special circumstances to warrant the setting aside of the presumption against. The development proposed by this planning application is therefore clearly contrary to the current policies of the Department.
RECOMMENDATION In conclusion, the application site is not zoned for development and the proposal is contrary to both established general planning policy and local plan policy. Approval of the planning application would set an undesirable precedent for unwarranted residential development in the countryside. Accordingly, it is recommended that the planning application be refused.
I consider that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: Ballaugh Parish Commissioners Highways Division
I consider that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:-
S.P.M.C. & E Mr Jessopp
Recommended Decision: Refused Date of Recommendation: 09.07.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1. The application site is not zoned in the 1982 Development Plan Order for residential development and falls within an area of countryside designated as having High Landscape Value and Costal or Scenic Significance. There are no exceptional circumstances to allow new dwellings on this site, which would be contrary to established planning policies in respect of development in the countryside.
Decision Made : ... Committee Meeting Date : ...
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