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The site defined in red represents part of a field located to the east of Wigan Lane, a narrow, rural public highway which runs parallel with the A3 Ballamodha Straight from its junction with the B30 Bayrauyr to a point some distance to the south close to the junction of the A3 with the A34 Phildraw Road. The site defined in red represents the immediate curtilage of an existing large-span building
which sits in the north western corner of the site. There is a hard surfaced area immediately alongside the entrance from Wigan Lane where there are cages with birds in and a tow-caravan parked. Defined in blue is the remainder of the field, which extends to approximately 0.4 ha (1.1 acres).
The site lies within an area of "white land" on the Isle of Man Planning Scheme (Development Plan) Order 1982, that is, not designated for development.
Planning permission was sought and refused for the principle of the erection of a dwelling alongside Hillcroft under PA 88/0306.
Permission was granted on appeal for the erection of an agricultural building on part of field 1007 under PA 98/0899.
A complaint was received in respect of the extension to the agricultural building and the container and pens which had been erected without permission.
Proposed now is a regularising application for the retention of the caravan for temporary accommodation. The applicant cites family circumstances as the reason why he requires temporary living accommodation. Further information was sought on 18th September, 2008 regarding how effluent is dealt with and how long the facility is required. No information has been forthcoming, despite a response being sought prior to 3rd October, 2008.
The occupant of Hillcroft, which lies to the north, objects to the application, expressing concern at the provisions for the disposal of waste and relationship and access rights between the two parties.
The occupant of Middlemede which lies approximately 350 m the south objects to the application on the basis that Wigan Lane is very narrow with deep ditches on both sides and the trailer will result in more traffic.
The occupant of adjoining land based at Cly Cur objects to the application on the basis that the introduction of living accommodation conflicts with General Policy 3 and Environment Policy 1 of the Strategic Plan and that no justification has been provided in respect of the need for the accommodation. He suggests that the container is removed under General Policy 5 of the Plan which refers to Section 4 and Part 4 of the Town and Country Planning Act 1999.
The occupant of Clougher Veg, to the north of the site objects to the application on the basis of the principle of caravans being installed in the countryside.
The applicant clearly has personal circumstances which have resulted in the installation of the portacabin which is hardly ideal from his point of view in terms of the temporary nature of the accommodation and its very limited area and amenities.
However, the site is not designated for development and there should be justification for setting aside the policy against development in the countryside as set out in Strategic Plan Environment Policy 1, General Policy 3 and the various policies which support sustainable development (Strategic Aim, Strategic Policies 1c, 2 and 10, Spatial Policy 5 and Housing Policy 4).
There is no information on how effluent is dealt with and there is within the site inadequate space for a reasonable level of amenity - external leisure space, clothes drying etc in addition to the authorised use of the site for the keeping of animals.
As the caravan is already on site, steps should be taken to have the portacabin removed and residential use of the site terminated.
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 occupants of property along Wigan Lane should be afforded party status as they will be affected by the increased level of traffic generated by the use of the site for residential purposes. As such all those who submitted views should be afforded party status in this instance.
Recommended Decision: Refused
Date of Recommendation: 11.10.2008
The site is not designated for development and there is no justification for setting aside the policy against development in the countryside as set out in Strategic Plan Environment Policy 1, General Policy 3 and the various policies which support sustainable development (Strategic Aim, Strategic Policies 1c, 2 and 10, Spatial Policy 5 and Housing Policy 4).
There is no information on how effluent is dealt with and there is within the application site inadequate space for a reasonable level of amenity - external leisure space, clothes drying etc in addition to the authorised use of the site for the keeping of animals.
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: 23/12/08 Signed: M. I. McCauley Director of Planning and Building Control
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