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Application No.: 08/01431/B Applicant: Mrs L A Thompson & Mr V Williamson Proposal: Erection of a dwelling Site Address: Land To Rear Of Allandale Farm Ballamanagh Road Sulby Isle Of Man Considerations Case Officer : Mr Chris Balmer Photo Taken: 24/09/08 Site Visit: 24/09/08 Expected Decision Level: Delegation Written Representations 33 Ballaquark Douglas Isle Of Man IM2 2EY Interest expressed Seacliffe Old Castletown Road Ballaveare Braddan Objects to the proposal Not zoned Strooanane Ballamanaugh Close Sulby Isle Of Man Objects to the proposal Not zoned Consultations Consultee : Highways Division Notes : Oppose Consultee : Lezayre Parish Commissioners Notes : Refuse
SITE The application site represents a parcel of land to the rear of Allandale Farm, Ballamanagh Road, Sulby. The property is located on the northern side of Ballamanagh Road and southwest of the Sulby Bridge.
DEPARTMENT POLICIES The application site is within the area covered by the Sulby Local Plan Order 1998. Under this the application site recognised as being within an area of open space (including agriculture). Under the 15 October 2008 08/01431/B Page 1 of 6
Isle of Man Development Plan Order 1982 the site is also within an area of High Landscape Value and Scenic Significance.
Relevant policies include:
The following previous planning applications are considered relevant in the assessment and determination of this application. Reserved Matters application to erect a dwelling - Land to rear of Allandale Farm, Ballamanagh Road, Sulby - 08/00326/REM - APPROVED Approval in principle for the erection of a dwelling - Land to rear of Allandale Farm, Ballamanagh Road, Sulby - 07/00375/A - APPROVED Reserved matters application to erect a barn - Allandale Farm, Ballamanagh Road, Sulby 08/00524/REM - APPROVED
Retention of vehicular access - Allandale Farm, Ballamanagh Road, Sulby - 07/00303/R - APPROVED Approval in principle for the erection of a barn - Allandale Farm, Ballamanagh Road, Sulby 06/01803/A - APPROVED
The application seeks approval for the erection of a single storey two bedroom dwelling. The dwelling would have a width of 11 metres, a depth of 9 metres and a ridge height of 5.7 metres.
Lezayre Parish Commissioners have recommended a refusal on the following ground:- "This land is not zoned for development." Highways Division have objected on the following ground:- "There are no details given of any access, including sightlines onto the adopted highway." The owner/occupier of Strooanane, Ballamanaugh Close, Sulby, has objected to the application which can be summarised as; land is not zoned for development; contravene Planning Policy 6.3; proposal would encourage further ribbon development; and planning policy does not allow for personal circumstances.
A resident of Seacliffe, Old Castletown Road, Braddan has objected to the application which can be summarised as; land not zoned for development; contrary to General Policy 3; and no justification.
A resident of 33 Ballaquark, Douglas has commented to the application which can be summarised as; land not zoned for development; personal circumstances are not persuasive; and the design is not in accordance with Planning Circular 3/91.
Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:-
Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3.
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:
Policy 2: The present system of landscape classification of Areas of High Landscape or Coastal Value and 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 classification which will introduce different categories of 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:
Policy 4: New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) 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:
Material Planning matter which need to be considered regarding this application include:-
Fundamentally, in terms of planning policy there is a long established presumption against new residential development in the countryside. As identified earlier within the relevant planning policies, this presumption against is set out in four different ways. Firstly, the application site is not zoned for residential development under the Sulby Local Plan. Secondly, General Policy 3 of the Isle of Man Strategic Plan, states that in such areas new dwellings will generally not be permitted. Thirdly, the site is within an area of High Landscape Value and Costal or Scenic Significance and therefore contrary to Environment Policy 2. Fourthly, the site is not identified in adopted Area Plans as being within a town, village, or within a sustainable urban extension and therefore contrary to the exceptions indicated in Housing Policy 4 and therefore a refusal can also be legitimately made on that basis as well.
There has been a dwelling recently approved in principle by the Minister at the adjacent site (07/00375/A). This was grated permission due to the exception personnel circumstances of the applicants Daughter who is wheelchair-bound due to the illness Ataxia Telangiectasia (rare inherited disorder of childhood, which is long term, that affects the nervous system, immune system, and other bodily systems), and consequently needs to live at home with her family in an environment of constant care. The Appeals Inspector stated:- "... Planning seeks to regulate the use of land in the public interest. Few would deny that the public interest encompasses special care for those members of society who are severely and unusually disadvantaged. In this case I examined carefully the efforts made by the Appellant to find acceptable sites for the family's particular needs, and in my view there is littler more they could have done. Furthermore, the need which arises from Molly's (Daughter) illness is a relatively long term need, and a dwelling built to meet that need could serve the purpose for several decades..."
The Inspector goes on to state:- "Concern is expressed by local residents that allowing this development may set a precedent for further building under other special personal circumstances. I do not accept the Appellant's view that the circumstances are unique, since there are other disabilities which are equal in terms of the hardship caused, even symptoms are different. However, there must be a place in planning for consideration of exceptional circumstances, and, provided such cases are rigorously examined, I do not consider that the Island would become a less attractive place in which to live."
The Applicant in their submission has stated that they have been taking care of a friend/family member (John McKibbin) since he was diagnosed with Cancer. He is now in remission and the premises where he lived have recently been sold. They would like to build the proposed bungalow, to continue his quality of life with someone caring for him.
Whilst sympathetic to the wishes of the applicant for the needs of the dwelling, it is not considered that there is sufficient justification to override the relevant planning policies, and grant approval for the proposed dwelling.
The proposed dwelling does not serve a viable agricultural holding nor replace 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. It should also be noted that the Isle of Man Strategic Plan makes no provision for infilling.
Additionally the Isle of Man Strategic Plan section 8.8 deals with groups of houses in the countryside. Whilst adding further dwellings to these groups may not accord with strategic objectives, the Department has however identified a number of these opportunities and in future Area Plans all groups of houses in the countryside will be assessed for development 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 of 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.
Highway/Access The Highway Division have objected to the application on the grounds that; "There are no details given of any access, including sightlines onto the adopted highway." It should be noted that recently an application was approved for the retention of the vehicular access (07/00303/R) at the Allandale Farm site. The Highway Division had no objection to that access, subject to a road side mirror being installed. For this reason it is considered as the proposal does proposal to use the same access (Drg nr 2005/01/05) which recently received an approval, it would be inappropriate to refuse the application on the grounds as indicated by the Highway Division.
Design The proposed proportion and form of the dwelling would accord with Planning Circular 3/91 - Guide to the design of residential development in the countryside. However, there are concerns with the proposed fenestration, given the size and proportion of the indicated windows, which would be contrary to Planning Circular 3/91. Therefore a refusal on these grounds can also be made.
RECOMMENDATION In conclusion, the application site is not zoned for development and the proposal is contrary to both adopted general planning policy within the Isle of Man Strategic Plan and The Sulby Local Plan which both seek to restrict such development. Approval of the planning application would be unwarranted residential development in the countryside. Additionally, it is considered the design of the proposal would be contrary to Planning Circular 3/91. Accordingly, it is recommended that the planning application be refused.
PARTY STATUS It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: Lezayre Parish Commissioners 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:
Strooanane, Ballamanaugh Close, Sulby Seacliffe, Old Castletown Road, Braddan 33 Ballaquark, Douglas
Recommendation
Recommended Decision: Refused
15 October 2008 08/01431/B
By reason that the application site is not designated for development and is located within a wider area of land designated as being of high landscape value and scenic significance the proposed development represents unwarranted development that is contrary to land use designation, local planning policy and strategic planning policy. Specifically, the proposed development is contrary to Strategic Policy 2, Spatial Policy 5, General Policy 3, Environment Policy 1, Environment Policy 2 and Housing Policy 4 of the Isle of Man Strategic Plan 2007.
By reason of the proposed fenestration, principally the size and design the proposal would be contrary to Planning Circular 3/91 Guide to the Design of Residential Development in the Countryside.
I confirm that this decision accords with Government Circular No 44/05 (Delegation of Functions to S.P.O Director of Planning and Building Control)
Decision Made : Refused Date : 25/10/04
Signed :
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