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The application site comprises a parcel of land that measures approximately 0.1 ha (0.25 acre) in area and is located on the southern side of New Castletown Road at the top (western end) of Richmond Hill in Braddan. The site, which contains no built development, is accessed via a land that serves a number of properties off New Castletown Road.
The planning application seeks approval in principle to erect a dwelling on the application site and it is stated that the proposed dwelling would replace a dwelling known as Rose Cottage in the adjacent field.
The application site and surrounding area has been the subject of a number of previous planning applications, two of which are considered specifically material to the assessment of this current planning application:
Planning application 01/01951/A sought approval in principle for the erection of a dwelling to replace Rose Cottage. The application site for this previous planning application included the land that comprises the application site for the current planning application. This previous planning application was initially considered and refused on the 15th November 2002, with the initial refusal decision notice issued on the 19th November 2002. Copies of the planning application, decision notice and relevant correspondence from this previous planning application have been placed on the file for the current planning application.
Planning application 03/01848/B sought approval for the landscaping of road-side bank to improve visibility either side of Rosehill Farm Junction. The application site for this previous planning application included Rose Cottage. This previous planning application was initially considered and approved on the 2nd April 2004, with the initial approval decision notice issued on the 6th April 2004. Copies of the planning application and decision notice for this previous planning application have been placed on the file for the current planning application.
Braddan Parish Commissioners deferred their comment pending investigations to establish whether the proposed development could be seen as a replacement for something that was demolished more than five years ago.
The Department of Transport Highways Division do not oppose the planning application. The Manx Electricity Authority expresses an interest in the planning application.
In terms of local plan policy, the application site is located within a wider area of land that is designated as open space (agricultural) under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991. Planning Circular 6/91, which constitutes the written statement to be read in conjunction with the local plan, contains five policies that are considered specifically material to the assessment of the planning application:
Policy 5.4 states: "With the exception of an area to the south of Cronkbourne Village, it is felt that no further areas should be recommended for residential development in order to avoid encroachment into an essentially rural area."
Policy 5.8 states: "Residential development in the countryside has been the subject of Planning Circulars: i) No. 1/88 (revised) Residential Development - Houses in the Countryside ii) No. 3/88 New Agricultural Dwellings iii) No. 3/89 Renovation of Buildings in the Countryside iv) No. 8/89 Low Density Housing in Parkland v) No. 3/91 Guide to the Design of Residential Development in the Countryside. This is a separate publication in its own right. The foregoing set out in detail the policy of the Department with regard to residential development in the countryside and as such must be respected. These circulars comprise appendixes nos. 1, 2, 3 and 4 to this document."
Policy 13.3 states: "The rural areas of Braddan Parish District will be designated as being of high landscape value. As part of this policy it is essential that the important tree groups and woodland within the Parish be subject to a maintenance scheme which will include underplanting as and when necessary."
Policy 13.4 states: "No further development in the countryside will be permitted with the exception of those referred to in 13.2 and those which are required for national strategic reasons, and those required for essential agricultural purposes. All areas designated as open space must be respected and no further intrusion will be permitted."
Policy 13.5 states: "Attention should be paid to the circulars which comprise appendices 1, 2, 3 and 4 which lay down the guidelines for any future residential development on the countryside in areas other than those specifically allocated for residential development. Redundant buildings in the countryside should be identified and where these fall within the scope of Circular 3/89, then alternative and acceptable uses should be identified."
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains eight policies that are considered specifically material to the assessment of this current planning application:
Strategic Policy 2 states: "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 states: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3."
General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
Environment Policy 1 states: "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."
Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions 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:
Housing Policy 12 states: "The replacement of an existing dwelling in the countryside will generally be permitted unless:
NB. Appendix 1 of the Isle of Man Strategic Plan 2007 states "In the context of Housing Policy 12, "habitable status" means whether or not a building which has previously been occupied as a dwelling may be re-occupied as such without the need for planning permission for that use."
Housing Policy 13 states: "In the case of those rural dwellings which have lost their former residential use by abandonment, consideration will be given in the following circumstances to the formation of a dwelling by use of the remaining fabric and the addition of new fabric to replace that which has been lost. Where: a) the building is substantially intact; this will involve there being at least three of the walls, standing up to eaves level and structurally capable of being retained; and b) there is an existing, usable track from the highway; and where c) a supply of fresh potable water and of electricity can be made available from existing services within the highway. This policy will not apply in National Heritage Areas (see Environment Policy 6). Permission will not be given for the use of buildings more ruinous than those in (a) above, or for the erection of replacement buildings.
Extensions of dwellings formed in accordance with the above may be permitted if the extension is clearly subordinate to the original building (i.e. in terms of floor space measured externally, the extension measures less than of that of the original)."
Housing Policy 14 states: "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 building should therefore generally be sited on the "footprint" of the existing, and should have a floor area, which is not more than 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 2-7 of the present Planning Circular 3/91, (which will be revised and issued as a Planning Policy Statement). Exceptionally, permission may be granted for buildings 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."
The planning application seeks approval in principle to erect a dwelling on the application site. The application is made on the premise that the proposed dwelling would replace the dwelling known as Rose Cottage that occupied the field adjacent to the application site.
Fundamental to the development proposed by the planning application is the existence of Rose Cottage. As can be seen on site that dwelling no longer exists and the site has been cleared of built development. Aerial photography taken on the 1st August 2001 (copy placed on application file) shows Rose Cottage intact. The next available aerial photography taken on the 25th June 2003 (copy placed on application file) shows Rose Cottage demolished and the site cleared. Based on this evidence it is logical to conclude that Rose Cottage was demolished over five years ago. Further evidence to support this can be found within the two previous planning applications referred to earlier in this report. Firstly, the application form for previous planning application 03/01848/B, which was received on the 2nd December 2003, highlights at question no. 5 that Rose Cottage had been demolished. Secondly, the application form for previous planning application 01/01951/A, which was received on the 12th December 2001, highlights at question no. 12 that Rose Cottage was to be demolished in the near future as a consequence of a road widening scheme.
As Rose Cottage was demolished over five years ago the residential use of the application site effectively ceased and the residential use has been lost by abandonment. The proposed development therefore does not accord with the provisions for a replacement dwelling in the countryside as set out by Housing Policy 12 of the Isle of Man Strategic Plan 2007. Rather, the proposal represents the erection of a new dwelling on the application site and should therefore be assessed against the land use designation and relevant planning policy contained within Planning Circular 6/91 and the Isle of Man Strategic Plan 2007. Given the presumption against residential development in the countryside set out within the aforementioned planning policy the development proposed by the planning application is unacceptable.
Setting aside the principle of a replacement dwelling it is also evident that the application site for the proposed dwelling is different to that of the dwelling it purports to replace. It should be noted that the site of Rose Cottage is outside of the land indicated as either the application site (red line) or land within the control of the applicant (blue line) on drawing no. F/71/2. Indeed, correspondence from previous planning application 01/01951/A suggests that Rose Cottage was not owned by Mr Freestone (also the applicant for the current planning application). The siting of the proposed dwelling is therefore different to that of the original dwelling and it could be argued that such re-siting is contrary to the provisions of Housing Policy 14 of the Isle of Man Strategic Plan 2007. However, given that the principle of a replacement dwelling is not accepted this is seen as a secondary issue.
In conclusion, the planning application seeks approval in principle to replace a dwelling that has lost its residential use by abandonment and was located out with the application site for the dwelling proposed by the current planning application. Given this, the proposed development actually closer relates to the erection of a new dwelling in the countryside. The proposed development is contrary to the well established presumption
against residential development in the countryside and therefore unacceptable. It is recommended that the planning application be refused.
It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Braddan Parish Commissioners; and The Department of Transport 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:
The Manx Electricity Authority.
Recommended Decision: Refused Date of Recommendation: Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal 0 : Notes attached to refusals R 1 . The proposal seeks to replace a dwelling that was demolished at least five years ago and was located outside of the application site, and any land within the control of the applicant, for the current planning application. Given that the residential use of Rose Cottage has been lost by abandonment the proposal does not represent the erection of a replacement dwelling. Rather, the proposal represents the erection of a new dwelling on land not designated for such purposes under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991. As such the proposal is contrary to the application site's land use designation and presumption against development that is set out by Policy 5.4, Policy 5.8, Policy 13.4, Policy 13.5 of Planning Circular 6/91 and Strategic Policy 2, Spatial Policy 5, General Policy 3, Environment Policy 1, Housing Policy 4, Housing Policy 12 and Housing Policy 14 of the Isle of Man Strategic Plan 2007.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : Committee Meeting Date :
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