replacement of existing dwelling and a number of existing farm buildings with a new dwelling and use of remaining buildings for ancillary purposes
4 February 2010 · Committee
Camlork Farm, Mount Rule, Douglas, Isle Of Man, IM4 4ht
The site is a farm grouping located between Union Mills and Ballamillaghyn in Braddan, comprising an existing dwelling and associated agricultural buildings. The proposal was to demolish the existing house and a number of farm buildings, replace them with a new and larger dwelling, retain the remaining buildings for ancillary purposes, and make access and paddock changes. The application was referred to the Planning Committee because of the scale of new floorspace proposed and the volume of representations received. Braddan Parish Commissioners objected on policy grounds, and a significant number of third-party representations raised concerns including that the site is not designated for residential development, that the loss of agricultural use was unjustified, and that demolition of the farm buildings was inappropriate. The officer concluded there were insufficient grounds to permit a larger replacement dwelling in the countryside under Housing Policy 14 of the Isle of Man Strategic Plan 2007, and recommended refusal. The application was ultimately withdrawn before a formal committee decision was made.
The officer found that the proposed replacement dwelling would result in a greater than acceptable increase in floorspace and did not meet the limited circumstances under which Housing Policy 14 of the Isle of Man Strategic Plan 2007 permits larger replacement dwellings in the countryside. The application was withdrawn before the committee reached a formal decision.
Residential development in the countryside
Planning Circular 6/91
Strategic Reserve for possible future residential development. Site GM001 - Land south-west of Baldrine Road, Baldrine 371 Site GM001 consists of undeveloped land, with a gross area of about 5.88ha. It lies outside the Existing Settlement Boundary of Baldrine as shown on the draft Area Plan. On its northeastern side, it is bounded by Baldrine Road and the village's main built-up area. The Manx Electric Railway and the A2 run close to the site's south-eastern boundary. There is a railway station, Baldrine Halt, immediately adjacent to this land. Otherwise the site is bounded by open land. 372 In the Laxey and Lonan Area Plan 2005, the northern part of this site is zoned for educational use. The southern part is shown as open land within an Area of High Landscape Value. 373 In the draft Area Plan, as published in May 2018, the whole of this site was designated for predominantly residential development. However, in the Schedule of Proposed Changes, published in July 2019, the Cabinet Office indicated that it would be relegated to the status of a Strategic Reserve Site. Objections 374 Ellis Brown originally proposed that this land should be allocated as a mixed use site, to include shops, a public house, community facilities and amenity space located close to Baldrine Halt, with residential development on the north-western part of the site, and an area for a new primary school to the south. The Department of Education Sport and Culture, sought the retention of the educational zoning as shown in the existing Local Plan for the possible future development of a new primary school. 375 Ellis Brown now sought the reinstatement of the allocation of Site GM001 for immediate development for mixed use. The reason this land had been demoted to the status of a Strategic Reserve Site was that it fell outside the area covered by the Government's Active Travel Investment Plan, being more than 2.5 miles away from the Sea Terminal in Douglas. However, it was within 2.5 miles of employment areas in Onchan, and would certainly come within an Active Travel Zone centred on one of these. The Active Travel Plan suggested that people could comfortably cycle such a distance to work. In addition, there were good public transport services between Baldrine and Onchan. 376 The retail and community facilities now proposed would make Baldrine more sustainable, by reducing the need for local people to travel elsewhere for their everyday needs. Paragraph A.3.3 of the Strategic Plan suggested that most villages would benefit from additional housing to support local schools, shops and other services. Without further residential development in Baldrine, retail development in this village would not be commercially viable. Accordingly, Site GM001 should be reinstated as a specific allocation for immediate residential development. A failure to provide any sites for immediate residential development in Baldrine would be contrary to the objective of providing a choice of housing in terms of size, type and location. Inspector's Conclusions 377 Strategic Policy 2 of the Strategic Plan states that new development is to be located primarily within existing town or villages, or, where appropriate, in sustainable urban extensions to those settlements; development will be permitted in the countryside only in specified exceptional circumstances, none of which apply in the present case. I consider that the development of Site GM001 would detract from the rural character of this area, contrary to Strategic Plan policy. 378 Paragraph 5.8 of the Strategic Plan identifies Baldrine as one of a number of smaller settlements with few facilities, which rely on other centres for various services. Provision has already been made for an extension to its built-up area as a result of planning approval having been granted for new housing on Site GH026 (adjacent to Highfield Close); and land contiguous with that site is now proposed as a strategic reserve with potential for future residential development. In my view, the further extension of this small village within the Plan period would be disproportionate. Spatial Policy 4 of the Strategic Plan indicates that development in Baldrine should maintain that settlement's existing character. It should be of an appropriate scale to meet local needs for housing, and limited employment opportunities. The Strategic Plan does not envisage that Baldrine should perform the role of a 'service village'. 379 I have seen no evidence that there is a local housing need in Baldrine, sufficient to justify the allocation of further sites for immediate residential development; or to justify the extension of the present built-up area into the surrounding countryside. Furthermore, the scale of residential development that would be required to make the provision of shops, a public house and other community facilities viable is not clear to me. 380 Nevertheless, in view of the capacity problem in primary schools in parts of the East, I consider that it would be prudent to retain the allocation of part o
General Policy 3
Isle of Man Strategic Plan 2007
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, historic, or social value and interest; (Housing Policy 11); (c) previously developed land (1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; 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-dependent 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. 6.4 Planning Agreements 6.4.1 Where development is acceptable and in accordance with the provisions of this Plan and the relevant Area Plan, but raises issues which cannot be addressed by the imposition of planning conditions, the Department will seek to conclude an Agreement with the developer under Section 13 of the 1999 Town and Country Planning Act.
Housing Policy 4
Isle of Man Strategic Plan 2007
Housing 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: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14. 8.5.6 The anticipated increase in the total number of dwellings on the Island over the Plan period is approximately 14%. By administering the programme of Area Plan preparation, the Department will ensure that there is sufficient land zoned for residential development to meet the overall housing requirement figure required by Housing Policy 1. The Department has resolved to prepare under the provisions of the Town and Country Planning Act 1999 four Area Plans which will concentrate upon larger areas of the Island. These will focus on the North, West, East and South of the Island and correspond with those areas discussed at paragraph 5.9 of the Spatial Strategy Chapter. 8.6 Affordable Housing 8.6.1 The Department is concerned about the increasing difficulties of securing the provision of affordable housing across the Island. The Department can, and does as a Housing Authority, intervene financially to provide financial support to local Authorities; financial support to prospective owner occupiers (through the House Purchase Assistance Scheme 2002) and by direct provision of new houses to rent. The provision of affordable housin g is a material consideration in the preparation of the development plan. In the current situation the Department considers that, to secure an adequate provision of affordable housing, it is appropriate to require that any area of land identified for hous ing purposes should include a contribution towards the provision of affordable housing. 8.6.2 There are currently around 1,584 (as at 31 st March 2007) households on the General Housing Waiting List. In addition, there are some 690 (as at 31 st March 2007) households registered with the Department under the House Purchase Assistance Scheme (HPAS). This indicates a total current need of some 2,274 households for affordable housing. (1) Sustainable Urban Extensions are defined in Appendix 1 8.6.3 In the current circumstances the Department considers that approximately 25 % of new housing provision should take the form of affordable housing. In assessing the appropriate percentage in each instance, the Department will have regard to the fact that the figure is a target over the Plan Period as a whole; to evidence of local housing need; to the nature of the land and viability of the scheme; and to the nature of existing adjacent housing. The 25% provision will be monitored and reviewed as part of any review of the Strategic Plan.
Housing Policy 12
Isle of Man Strategic Plan 2007
Housing Policy 12: The replacement of an existing dwelling in the countryside will generally be permitted unless: (a) the existing building has lost its residential use by abandonment; or (b) the existing dwelling is of architectural or historic interest and is capable of renovation. In assessing whether a property has lost its habitable status (1) by abandonment, regard will be had to the following criteria: (i) the structural condition of the building; (ii) the period of non-residential use(2) or non-use in excess of ten years; (iii) evidence of intervening use; and (iv) evidence of intention, or otherwise, to abandon.
Housing Policy 14
Isle of Man Strategic Plan 2007
Housing Policy 14: Where a replacement dwelling is permitted, it must not be substantially different to the existing in terms of siting and size, unless changes of siting or size would result in an overall environmental improvement; the new buildi ng should therefore generally be sited on the "footprint" of the existing, and should have a floor area (1), which is not more than 50% greater than that of the original building (floor areas should be measured externally and should not include attic space or outbuildings). Generally, the design of the new building should be in accordance with Policies 27 of the present Planning Circular 3/91, (which will be revised and issued as a Planning Policy Statement). Exceptionally, permission may be granted for bui ldings of innovative, modern design where this is of high quality and would not result in adverse visual impact; designs should incorporate the re -use of such stone and slate as are still in place on the site, and in general, new fabric should be finished to match the materials of the original building. Consideration may be given to proposals which result in a larger dwelling where this involves the replacement of an existing dwelling of poor form with one of more traditional character, or where, by its design or siting, there would be less visual impact. 8.11.3 It is unlikely that permission will be given for permanent replacement of dwellings which were never intended to have a permanent residential use, such as chalets and other structures built of materials for only temporary or seasonal use. 8.12 Extensions to Residential Property 8.12.1 Extensions to Dwellings in built up areas or sites designated for residential use As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a gener al presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general. (3) Floor Space is defined in Appendix 1 (1) Floor Area is defined in Appendix 1 8.12.2 Extensions to properties in the countryside As there is a general p olicy against development in the Island's countryside, it is important that where development exists, either in an historic or recently approved form, it should not, when altered or extended detract from the amenities of the countryside. Care therefore, must be taken to control the size and form of extensions to property in the countryside. In the case of traditional properties, the proportion and form of the building is sensitively balanced and extensions of inappropriate size or proportions will not be ac ceptable where these destroy the existing character of the property. In the case of non -traditional properties, where these are of poor or unsympathetic appearance, extensions which would increase the impact of the property will generally not be acceptable . It may be preferable to consider the redevelopment of non -traditional dwellings or properties of poor form with buildings of a more traditional style and in these cases, the Department may consider an increase in size of the replacement property over and above the size of the building to be replaced, where improvements to the appearance of the property would justify this.
replacement of existing dwelling and a number of existing farm buildings with a new dwelling and use of remaining buildings for ancillary purposes
planning approval in principle for residential development including community and educational facilities on fields 324213, 521518, 521519, 521522 & 524239