2 May 2008 · Delegated
Bibaloe View, 68, Groudle Road, Onchan, Isle Of Man, IM3 2ez
The site is a parcel of land adjacent to Groudle Road in Onchan, forming part of a wider area that has a lengthy planning history going back to the late 1990s. The wider site was established as acceptable for low-density housing in parkland through a Section 18 agreement and a series of earlier approvals, including a consent for 67 residential plots. This application proposed amendments to the design of a single dwelling already approved on the site, rather than any new principle of development. Key considerations included proximity to the Groudle River, with the site subject to a requirement that no development be erected within 80 metres of the watercourse and that a sod hedge forms the boundary with Groudle Road.
The principle of residential development on the site had already been established through earlier consents and a Section 18 agreement. The proposed design amendments were assessed against the low-density housing in parkland policy framework (Planning Circular 8/89) and found acceptable, with conditions attached to protect the nearby watercourse and manage construction impacts.
Policy O/RES/P/4 of Planning Circular 1/2000
Planning Circular 8/89
Department's guidance on low density housing in parkland
ea Plan deals with Low Density Housing in Parkland (LDHP). This is a designation that is contained in the 1982 Development Plan, and in some subsequent Local Plans. It is also covered by Circular 8/89, which distinguishes between LDHP within and outside settlements. The Circular indicates that, within settlements, there may be further residential development in areas of LDHP, but each dwelling must be substantial and sited in grounds of at least 0.4ha. In areas of LDHP outside settlements, the erection of further dwellings will be permitted only in exceptional circumstances. All trees within areas of LDHP are deemed to be registered. 242 There is no reference to LDHP in the Strategic Plan. I understand that, in the Area Plan for the South, LDHP zones are retained in rural areas, but are subsumed into predominantly residential areas within settlements. Initially, the draft Area Plan proposed that they should be treated similarly in the East. However, in response to objections on this point, from Miss P Newton and others, the Cabinet Office has indicated that it would have no objection to all LDHP areas being retained as they are, and shown as such in the Area Plan. 243 I have some difficulty with this. Site DH011 (Ballanard Woods) is within the existing settlement boundary of Douglas. It is shown as LDHP in the Douglas Local Plan 1998, but as a housing allocation in the present draft Area Plan. In my view, it would be an inefficient use of this land to restrict its development to a density of fewer than three dwellings per hectare. The fact that it remains largely vacant suggests that there may be little effective demand for the development of such low density housing. 244 It seems to me that if areas of LDHP have a special character that is worthy of conservation, they should be designated as Conservation Areas; and if they have trees that justify registration, those trees should be registered. Otherwise, I can see no particular justification for retaining the LDHP designation in the development plan. Accordingly, I recommend against the modification of the draft Area Plan to show areas of Low Density Housing in Parkland, either within or outside settlements. Types of Accommodation 245 Paragraph 8.1.2 of the Strategic Plan refers to 'the aspirations of the population to live in particular parts of the Island'. Paragraph 8.3.2(a) seeks to ensure provision of 'a choice of housing sites in terms of their location, type and size'. Paragraph 3.4.4 of the draft Area Plan itself indicates that a broader choice of homes would provide the flexibility needed for individuals and families to remain on, and be attracted to, the Island. However, at the inquiry, it was argued that these objectives would not be met by effectively concentrating all new housing in the East, in Douglas and Onchan. 246 Ellis Brown particularly expressed their concern that all the residential allocations in the draft Area Plan were for general housing, with no specific provision being made for individual dwellings on large plots, or specialist housing for older people in the form of bungalows, sheltered accommodation or care homes. As presently proposed, the Area Plan would not be in general conformity with the Strategic Plan, as required by law. 247 The draft Area Plan is not prescriptive about the quantity, form or location of specialist housing for particular social groups, such as elderly people. Although paragraph 8.4.4 of the Strategic Plan suggests that some of the issues associated with an ageing population can be addressed through the preparation of Area Plans (including the provision of land for residential homes) this is not mandatory. It seems to me that specialist accommodation for elderly people could potentially be provided within any of the general housing allocations. Ideally, such provision should be as close as possible to public transport facilities and other relevant services. However, the providers of such accommodation, whether in the public or private sectors, may be best placed to determine the precise quantity, type and location of the development needed, within the general framework established by the housing land allocations. 248 There will continue to be opportunities to build individual dwellings on plots of various sizes within each of the settlements in the East, for instance by infilling, the sub-division of large curtilages, or redevelopment. This would add to the choice and range of dwellings available. However, a choice of housing will be provided through the recycling of the existing housing stock, as well as by the provision of newly built homes. Housing Allocations 249 I consider that priority should be given to the development of land allocated for residential development within existing settlement boundaries. That land would provide about 560 dwellings, as shown in the Table 1 below. Much of it consists of vacant or underused sites in Douglas, which detract from that town's appearance and vitality. It is important that this land should be restored to
Housing Policy 6
Housing Policy 6: Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive. 8.8 Groups of Houses in the Countryside 8.8.1 There are in the countryside man y small groups of dwellings which, whilst not having the character of, or the full range of services usually provided in a village, nevertheless have a sense of place and community. These groups are found variously at crossroads, in places sheltered by trees or topography or around chapels, abandoned mills or smithys. 8.8.2 Adding further dwellings to these groups may not accord with our strategic objectives relating to settlements and sustainability but may assist in meeting the need of rural areas; may maintain social and family associations and assist in sustaining the rural economy; and may reduce the pressure for purely sporadic and isolated development which the Department would not support. Such additions would also need to be sensitively related to the existing settlement pattern and the landscape. 8.8.3 In the most recent local and Area Plans, the Department has in fact identified a number of these opportunities and in future Area Plans all groups of houses in the countryside will be assessed for d evelopment potential by identifying the village envelope or curtilage and providing the opportunity for appropriate development within this area. There may be some settlements where no additional dwellings will be permitted. In considering the definition o f this curtilage or envelope, particular regard will be had to the value of existing spaces in terms of their contribution to the general character of the settlement or to public amenity more generally. It is important, however that such development is controlled by the development plan process rather than as ad hoc decisions taken in isolation. 8.9 New Agricultural Dwellings 8.9.1 As is indicated in Chapter 7 (at Section 7.14), permission will not be granted for new agricultural dwellings in the countryside unless there is real agricultural need demonstrated sufficient to off-set the general planning objections to new dwellings in the countryside. 8.9.2 Agricultural need should be established having regard to: (a) what living accommodation has been built on, or in association with the farm holding in the past, and how it is now occupied; and (b) who will occupy the proposed dwelling, and what role they will play in the operation of the farm; in some circumstances, there will be a legitimate need for a dwelling for a retiring farmer who proposes to vacate the farmhouse but to continue to assist on the farm.
Condition 1
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Condition 2
This approval relates to drawing no.s 2061.4.131, 6051.4.137 and 2061.4.125 date stamped the 13th February 2008.