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Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF email: [email protected] Tel: (01624) 685947 Fax: (01624) 686443 Director of Planning & Building Control M.I. McCauley, M.R.T.P.I.
Mr A Johnstone Planning Appeals Administrator Crown Division Chief Secretary’s Office Government Offices Douglas IM1 3PG
12th November 2007
Your ref: 07/0193 Our ref: 07/01438/A
Dear Mr Johnstone, Re: PA 07/01438/A – Approval in principle for the erection of a detached dwelling and garage (re-submission of 06/02143/A). Please find enclosed 9 copies of a statement that sets out the position of Planning Authority in respect of the above planning application.
The statement comprises of the case officer’s report which was considered by the Director of Planning and Building Control when determining the application. The recommendations in the report were accepted in all respects.
Yours sincerely
Anthony Holmes, BA(Hons) DipTP(UC) MRTPI Planning Officer
enc.
Appeal no: 07/0193
Planning application no: 07/01438/A
Subject: Approval in principle for the erection of a detached dwelling and garage (re-submission of 06/02143/A), Land at Pine Lodge, Clay Head Road, Baldrine, Lonan.
Appeal by: The applicant against the Planning Authority’s decision to refuse planning approval.
| Consulttee: | Highways Division |
| Notes: | |
| Consulttee: | Lonan Parish Commissioners |
| Notes: | Refuse |
| Consulttee: | S.P.M.C. & E. |
| Notes: | Comments received |
| Consulttee: | IOM Water Authority |
| Notes: | Note received |
| Consulttee: | Senior Forester |
| Notes: | |
| Consulttee: | Drainage Division |
| Notes: | No objection |
| Application No.: | 07/01438/A |
| Applicant: | Mr & Mrs A Harding |
| Proposal: | Approval in principle for the erection of a detached dwelling and garage (Re submission of 06/02143/A) |
| Site Address: | Land At Pine Lodge Clay Head Road Baldrine Isle of Man |
| Case Officer: | Mr A Holmes |
| Photo Taken: | |
| Site Visit: | |
| Expected Decision Level: | Delegation |
| Fernbank Clayhead Road Baldrine Isle Of Man | Objects to the proposal |
THE APPLICATION SITE AND PLANNING APPLICATION The application site comprises of a parcel of land located on the northern side of Clay Head Road in Lonan. The planning application seeks approval in principle for the erection of a dwelling on the application site. PLANNING HISTORY
The application site has been the subject of one previous planning application that is considered specifically material to the assessment of this current planning application:
Planning application 06/02143/A sought approval in principle for the erection of a dwelling on the application site. This previous planning application was deemed withdrawn following the non-receipt of requested additional information.
REPRESENTATIONS
Lonan Parish Commissioners recommend that the planning application be refused on the grounds that the area is not zoned for residential development, that the development would substantial removal of trees and that approval would set an undesirable precedent.
The Department of Transport Drainage Division do not object to the planning application subject to condition.
The Department of Agriculture, Fisheries and Forestry's Arboricultural Officer highlights that the application site contains a number of substantial trees but the existing application submission contains insufficient information to properly assess the proposal.
The Isle of Man Water Authority request that an informative note be attached to any approval decision notice.
The Society for the Preservation of the Manx Countryside and Environment object to the planning application. The grounds for their objection can be summarised as concern that the proposed development is contrary to local plan policy.
The owner/and or occupant of Fernbank, which is located to the south east of the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the development is proposed within a wooded area and that proposal would require the removal of trees.
In terms of strategic plan policy, in addition to policies identifying general planning considerations that are applicable to the assessment of a planning application it is considered that the Isle of Man Strategic Plan 2007 contains one other policy that is specifically material to the assessment of this current planning application:
Environment Policy 3, which relates to development within woodland areas, states:
"Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural or semi-natural woodlands, which would have public amenity or conservation value."
In terms of local plan policy, the application site is designated as open space (private woodland or parkland) under the Laxey and Lonan Area Plan Order 2005. The plan contains three policies that are considered specifically material to the assessment of this current planning application:
Policy L/TRT/PR/3, which relates to sites identified as woodland or open space, states:
"Development will not generally be permitted in those areas identified as open space or woodland within the study area in order to protect the natural attraction and amenities of the area."
Policy L/RES/PR/1, which relates to residential development, states:
"Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential. In particular, in the case of Agneash no further dwellings will be approved although, as will be the case in areas zoned as residential, alterations and extensions to existing property may be accepted if such proposals are sympathetic to the character and appearance of both the building to be altered and the surrounding area in general."
Policy L/OSNC/PR/1, which relates to development in areas of open space, states:
"There will be a general presumption against development in areas designated as open space or open space for particular purposes."
The planning application seeks approval in principle for the erection of a dwelling on the application site. The planning application submission consists of a composite drawing that shows an illustrative dwelling on the application site, a site survey that identifies levels and positions of trees on the application site, and the results of percolation testing for site drainage.
As stated earlier within this report the land use designation of the application site is open space (private woodland or parkland). There is a general presumption against development within such areas through the policies of the Isle of Man Strategic Plan 2007 and the Laxey and Lonan Area Plan Order 2005. As such the proposed development is contrary to planning policy and, as such, unacceptable. Approval of the planning application does have the potential to establish an undesirable precedent.
In terms of tree survey information the planning application submission solely comprises of a drawing that shows the positions and approximate canopy spreads of the trees on the application site. The species of each tree, its general health, etc. has not been identified, which has been highlighted as a deficiency by the Department of Agriculture,
Fisheries and Forestry's Arboricultural Officer. Given the overriding land use planning policy issue it is considered unduly onerous on the applicant to request further information regarding trees. Having regard to the site survey and knowledge from previous site visit it is evident that the application site contains significant numbers of large mature trees. The erection of a dwelling on the application would necessitate the felling of significant trees. It is considered that such loss would be undesirable and contrary policies within the Isle of Man Strategic Plan 2007 and the Laxey and Lonan Area Plan Order 2005.
It is recommended that the planning application be refused.
It is considered that the following parties that 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 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:
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 the application site is contrary to the land use designation of the site and the presumption against development within such areas set out by policies L/RES/PR/1 and L/OSNC/PR/1 of the Laxey and Lonan Area Plan Order 2005.
R 2. The erection of a dwelling on the application site will necessitate the felling of mature trees that currently positively contribute to the amenity of the area. As such the proposal is contrary to Environment Policy 3 of the Isle of Man Strategic Plan 2007 and policy L/TRT/PR/3 of the Laxey and Lonan Area Plan Order 2005.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Refused Date: 02.10.2007
Signed : M. I. McCauley Director of Planning and Building Control
| Recommended Decision: | Refused |
| Date of Recommendation: | 02.10.2007 |
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