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The application site comprises of a parcel of land located between the Old Castletown Road and the Isle of Man Steam Railway line in Braddan.
The planning application seeks approval in principle for the erection of two dwellings on the application site.
The application site has been the subject of one previous planning application that is considered material to the assessment of this current planning application:
Planning 98/2098 sought approval for the infilling of land between Ellenbrook Farm and Woodville, Old Castletown Road, Braddan. This previous planning application was initially considered and refused on the 4th May 1999, with the initial refusal decision notice issued on the 13th May 1999. The refusal was confirmed at review by the Planning Committee on the 2nd July 1999, with the review refusal decision notice issued on the 13th July 1999.
Braddan Parish Commissioners object to the planning application on the grounds that the land is not zoned and that the proposal would constitute built development in the open countryside.
The Department of Transport Highways Division do not oppose the planning application subject to conditions.
The Isle of Man Water Authority request that an informative note be attached to any approval decision notice.
The Manx Electricity Authority request that an informative note be attached to any approval decision notice.
The Society for the Preservation of the Manx Countryside and Environment objects to the planning application on the grounds of planning policy.
In terms of local plan policy, the application site is located within a wider area of land that is designated as open space (agriculture) under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 – Plan No. 3. Planning Circular 6/91, which constitutes the written statement to be read in conjunction with the plan, contains a number of policies that are considered to be specifically material to the assessment of this current planning application:
Policy 5.4, which relates to designated residential development within the plan area, states:
"With the exception of an area to the south of Cronkbourne Village, it is felt that no further areas should be recommended for residential development in order to avoid encroachment into an essentially rural area."
Policy 5.8, which relates to new residential development in the countryside, states:
"Residential development in the countryside has been the subject of Planning Circulars:
i) No. 1/88 (Revised) Residential Development – Houses in the Countryside ii) No. 3/88 New Agricultural Dwellings iii) No. 3/89 Renovation of Buildings in the Countryside iv) No. 8/89 Low Density Housing in the Countryside v) No. 3/91 Guide to the Design of Residential Development in the Countryside. This is a separate publication in its own right.
The foregoing set out in detail the policy of the Department with regard to residential development in the countryside and as such must be respected. These circulars comprise appendices nos. 1, 2, 3 and 4 to this document."
Policy 13.4, which relates to development in the countryside, states:
"No further development in the countryside will be permitted with the exception of those referred to on 13.2 and those which are required for national strategic reasons, and those required for essential agricultural purposes. All areas designated as open space must be respected and no further intrusion will be permitted."
Policy 13.5, which relates to residential development in the countryside, states:
"Attention should be paid to the circulars which comprise appendices 1, 2, 3 and 4 which lay down the guidelines for any future residential development in the countryside in areas other than those specifically allocated for residential development. Redundant buildings in the countryside should be identified and where these fall within the scope of Circular 3/89, than alternative and acceptable uses should be identified."
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains a number of policies that are considered specifically material to the assessment of this current planning application:
Strategic Policy 2, which relates to the environment, states:
"New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."
Spatial Policy 5, which relates to the location of development, states:
"New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3."
General Policy 3, which relates to development outside of areas zoned for development, states:
"Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
Environment Policy 1, which relates to the protection of the countryside, states:
"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."
Housing Policy 4, which relates to the location of residential development, states:
"New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions 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:
The planning application seeks approval in principle for the erection of two dwellings on the application site. Assessment of the proposal is primarily governed by the land use designation of the application site and relative planning policy set out by Planning Circular 6/91 and the Isle of Man Strategic Plan 2007. In terms of this, as stated earlier in this report, the application site is designated as open space (agricultural) under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 – Plan No. 3. The application site is not designated for any form of development.
Despite the age of Planning Circular 6/91 the policies that it sets out in respect of the general presumption against development in the countryside remain valid and are essentially repeated by policies set out in the much more recent Isle of Man Strategic Plan 2007. Taking account of these policies and its land use designation it has to be concluded that the proposed residential development of the application site represents unwarranted development within the countryside that is contrary to established planning policy.
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:
Braddan Parish Commissioners; and
The Department of Transport Highways Division.
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:
The Isle of Man Water Authority; The Manx Electricity Authority; and The Society for the Preservation of the Manx Countryside and Environment.
Recommended Decision: Refused
Date of Recommendation: 14.11.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
The proposal represents unwarranted development of land not designated for such purposes under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 – Plan No. 3. As such the proposal is contrary to the application site's land use designation and policies 5.4, 5.8, 13.4 and 13.5 of Planning Circular 6/91 and Strategic Policy 2, Spatial Policy 5, General Policy 3, Environment Policy 1 and Housing Policy 4 of the Isle of Man Strategic Plan 2007.
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: 11/11/07
Signed: [Handwritten signature]
M. I. McCauley Director of Planning and Building Control
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