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The site defined in pink represents a number of fields situated on the western side of the Clannagh Road which links Newtown with Stugadhoo crossroads. The fields stretch some 320m from the Clannagh Road. Also defined in green is one of the fields closest to the Clannagh Road. Within the
field there are marked "specially planted area of trees to shield [sic] proposed site". Within the larger "pink" area there is an existing dwelling - Ballacoris Croft.
The site lies within an area designated on the 1982p as white land, that is, not designated for development.
No planning applications have been submitted in respect of this site.
Proposed here is the principle of the erection of a dwelling on the site. The justification for the dwelling is that the occupant of the main house - Ballcorris Croft, finds this property too large and would wish to move into a smaller one and then sell Ballacorris Croft.
The Manx Electricity Authority raise issues regarding electricity supplies
Department of Transport Highways and Traffic Division do not oppose subject to conditions relating to parking and turning facilities.
Santon Parish Commissioners object to the application as the site is not designated for development and list a number of applications for new dwellings in this area - all refused.
Isle of Man Water Authority recommend notes regarding water supply. A resident of Port Soderick has sympathy with the applicant but does not support the application. The Society for the Preservation of the Manx Countryside and Environment object to the application.
The Island's countryside is protected from unwarranted development by virtue of the land use designations of the 1982p and adopted Area and Local Plans and by virtue of the Strategic Plan which contains the following policies all of which would discourage any approval of this application:
Strategic Aim: to plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting and improving the quality of the environment, giving particular regard to our uniquely Manx natural, wildlife, cultural and built heritage".
Strategic Policy 1 which states: c) being located so as to utilise existing and planned infrastructure, facilities and services".
Strategic Policy 2: "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: New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3.
Strategic Policy 10: "New development should be located and designed such as to promote a more integrated transport network with the aim to: a) minimise journeys, especially by private car; b) make best use of public transport, c) not adversely affect highway safety for all users, and d) encourage pedestrian movement."
General Policy 3: 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, historical, or social value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental 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-dependant 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".
Environment Policy 1: "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".
The desire to live in a smaller dwelling is not sufficient reason to set aside the very firm policies against development in the countryside. There is no explanation as to why the applicant cannot sell Ballacorris Croft as she intends to anyway and to purchase another, smaller existing property in the vicinity or indeed elsewhere.
The Commissioners' list of previously refused proposals confirms why the application should not be permitted and how an unfortunate precedent could be established by such a permission.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
The Society for the Preservation of the Manx Countryside and Environment, the resident of Port Soderick are not directly affected by the proposal and as such should not be afforded party status in this instance.
Isle of Man Water Authority and The Manx Electricity Authority raise issues regarding working practices around service supplies, which are not material planning considerations and as such should not be afforded party status in this instance.
Recommended Decision: Refused
Date of Recommendation: 03.01.2008
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
The site lies within an area of the Island's countryside where development is generally discouraged. The erection of a new dwelling would be contrary to the principles of sustainability and to the Strategic Aim, Strategic Policy 1c, Strategic Policy 2, Spatial Policy 5, Strategic Policy 10, General Policy 3 and Environment Policy 1 of the Strategic Plan.
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 : 8/1/07
Signed : M. I. McCauley Director of Planning and Building Control
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