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The application site forms the curtilage of a parcel of undeveloped land, adjoining, To Ballacain Cottage (Field 521177), Mount Rule, Douglas, located on the northern side of the A23 road.
The property has been zoned under the Braddan Parish District Plan (Planning Circular 6/91) as being within an area of "Open Space"; the site is not within a Conservation Area but is within an area of High Landscape Value or Costal Value and Scenic Significance.
There are no previous planning applications which are considered relevant in the assessment and determination of this application.
The application seeks approval for approval in principle for the erection of a dwelling.
Braddan Parish Commissioners have objected on the following grounds:- > "It was agreed that the land was not zoned for development and any development would be against General Policy 3."
Highways Division have no objection subject to the imposition of the following conditions:- > "Visibility splays of 2.4x110 metres shall be provided at the point of access. The splays shall be kept clear of any object, vegetation, or other obstructions of a height exceeding 1.05m above the land of the adjacent carriageway.
The access drive arrangements shall comprise a turning facility to permit a motor car to turn around within the site so that a vehicle can emerge from the site in a forward gear.
Off street car parking shall be provided in accordance with the Isle of Man Strategic Plan"
The Planning Authority has received no privately written representations objecting to the application.
Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:-
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.
Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
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Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce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:
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 planning policy section of this report, this presumption against is set out in four different ways. Firstly, the application site is not zoned for residential development under the Braddan Parish District 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.
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.
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 Braddan Parish District Plan that seek to restrict such development to appropriate towns and villages. Approval of the
planning application would be unwarranted residential development in the countryside. Accordingly, it is recommended that the planning application be refused.
It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:- Department of Transport Highways Division Braddan Parish Commissioners
Recommended Decision: Refused
Date of Recommendation: 13.01.2009
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
The application site is not zoned for development and is within an area of High Landscape Value or Coastal Value and Scenic Significance. Therefore the proposal is contrary to both adopted general planning policy within the Isle of Man Strategic Plan and Braddan Parish District Plan, which seek to restrict such development to appropriate towns and villages. Approval of the planning application would result in unwarranted residential development in the countryside.
I confirm that this decision accords with Government Circular No 56/08 (Delegation of Functions to the Acting Senior Planning Officer), GC 55/08 for Advertisements and 69/08 for Registered Buildings.
Decision Made : Refused Date: 15/1/09
Signed: [Handwritten signature] Acting Senior Planning Officer
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