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Application No.: 18/00016/B Applicant: Dean Ayres Proposal: Erection of a new dwelling Site Address: Land Adj To Bankfield Bungalow Ballamodha Straight Ballasalla Isle Of Man Case Officer : Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 01.03.2018 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R 1. The erection of a new dwelling on this site would represent an unwarranted development in the Island's countryside and would be contrary to Spatial Policy 5, General Policy 3, Environment Policies 1 and Housing Policy 4 of the Isle of Man Strategic Plan 2016 and Paragraph 3.23 of the Area Plan for the South 2013.
_______________________________________________________________ Interested Person Status – Additional Persons
1.0 THE SITE - 1.1 The application site forms part of the existing residential curtilage of existing dwelling Bankfield Bungalow, which sits on the eastern side of the Ballamodha Straight just north of the junction of Ballabaygawne Road (A34). - 1.2 The site forms the triangular tip of the residential curtilage. The western boundary of the site joins the Ballamodha Straight and its eastern boundary joins with the access for neighbouring property Cly Ny Mona.
1.3 Within the site is an existing single storey garage approx. 8m x 6m associated to the existing dwelling Bankfield Bungalow (the bungalow sits just south of the site). The garage is orientated so the shortest gable faces towards the Ballamodha Straight. - 1.4 Adjacent to the existing bungalow and garage and also within the residential curtilage of the main dwelling is an existing double garage with accommodation above. This was approved under PA 07/00583/B subject to three conditions one of which stated that the new accommodation must be occupied as such ancillary to that available in the main house and not be let or sold of separately.
2.0 THE PROPOSAL - 2.1 The current application proposes the demolition of the existing single storey garage and the construction of a new dwelling in its place. The proposed single storey dwelling is approximately 14m x 7m and orientated to have its longest elevations facing towards the Ballamodha Straight and towards the access lane at the rear. - 2.2 The proposed dwelling is to be accessed via its own gated entrance and to have an area of hard standing and off road parking for up to two vehicles - 2.3 The application has been submitted with evidence that a tree licence has already been granted for the felling of 10 trees within the extents of the site.
3.0 PLANNING HISTORY - 3.1 The site has been the subject of a number of previous planning applications:
4.0 PLANNING POLICY - 4.1 The site lies within an area designated on the Area Plan for the South 2013 as not for any particular purpose and within an area of Incised Slopes as part of the Landscape Character Appraisal. The intention of the latter is to protect the countryside and its rural character. On the 1982 Development Plan the site is also located within an area not designated for development. - 4.2 In areas such as this there is a general presumption against development as set out in Spatial Policy 5, General Policy 3, Environment Policy 1 and Housing Policy 4 of the Isle of Man Strategic Plan 2016. Specific to this site is is also relevant to consider Paragraph 3.23 of the Area Plan for the South and the landscape strategies for D14 in which the Ballamodha sits. - 4.3 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".
4.4 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:
4.5 Environment Policy 1:
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 overriding 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.
4.6 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:
"Type: Uplands, Incised Slopes, Rugged Coast, Undulating Lowland Plain Landscape Area: A2 (Southern Uplands), D14 (Ballamodha, Earystane and St Mark's), E11 (Langness), F7 (Castletown and Ballasalla) and F8 (Poyll Vaaish and Scarlett Peninsula)
"The overall strategy is to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern delineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities.
Key Views: Distant views prevented at times by dense woodland in river valleys and by the cumulative screening effect of hedgerow trees, which tend to create wooded horizons.
Open and panoramic views out to sea from the higher areas on the upper western parts of the area where there are few trees to interrupt views."
5.0 REPRESENTATIONS - 5.1 Highway Services have commented stating that they do no oppose the application. They indicate that suitable parking, hard standing and turning space is available and to offset the loss of the existing garage. The proposed access is suitable although it is noted that an existing 50mph limit sign is in proximity and the developer would be responsible for its relocation to facilitate the construction of the new access. Highway Services indicate that while the visibility splays have been drawn incorrectly that acceptable splays can be achieve in both directions. Highways state that they have no objection to the application subject to two suitably worded conditions relating to the relocation of 50mph sign and the provision of visibility splays (24/01/2018). - 5.2 Malew Parish Commissioners have objected to the application stating that the erection of a dwelling here would represent and unwarranted development in the Island's countryside and would be contrary to both the 1982 Development Plan and Strategic Polices 1 and 2, Spatial Policy 5, General Policy 3, Environment Policy 1 and Housing Policy 4 of the IOM Strategic Plan (24/01/2018).
6.0 ASSESSMENT - 6.1 The fundamental issues to consider in the assessment of this planning application are
6.2 The application site is not zoned for residential development as indicated in both the 1982 Development Plan and the Area Plan for the South 2013. The proposed dwelling does not serve a viable agricultural holding nor does it replace an existing dwelling and therefore there are no special circumstances to warrant the setting aside of the presumption against development as set out in General Policy 3. - 6.3 The written statement for the Area Plan for the South states in paragraph 4.10.3 that whilst houses are present in Ballamodha, Croit e -Caley and Surby that these were not in any way sustainable settlements. As the site is not identified as being in a town, village, or within a sustainable urban extension the proposal falls short of those exceptions to residential development indicated in Strategic Policy 5 and Housing Policy 4. - 6.4 The proposal is not considered to have an over-riding national need in land use planning terms to outweigh the requirements to protect the Islands countryside from unwarranted development as set out in Environment Policy 1. VISUAL IMPACT
6.5 The Island's countryside is to be protected for its own sake. While the site does not fall within an area of high landscape value the Area Plan for the South character appraisal indicates that the site is located within zone D14 and within an area of Incised Slopes where the overall strategy is to conserve and enhance the character, quality and distinctiveness of the area with particular regard to the sensitive location of new buildings and the use of screen planting and the avoidance of physical or visual amalgamation of roadside housing. - 6.6 In the case of this application the development of a new residential dwelling here would result in an over intensification of the site and result in an unwanted increase of roadside housing. While the proposal replaces one building with another building, the orientation and spread of associated domestic development would result in a greater visual impact when compared with the existing garage. Cumulatively this would result in a visual intrusion not only to the general street scene but also to the wider character of the countryside landscape. HIGHWAY SAFETY - 6.7 While the proposal is not considered to have any significant adverse impacts on the local highway and Highways Services do not oppose the application, in terms of planning policy there is a long established presumption against new residential development in the countryside as per the provisions of the IOM Strategic Plan 2016 and the Area Plan for the South 2013.
7.0 CONCLUSION - 7.1 Care must be taken when considering applications such as this as an approval would set a significant precedent for similar types of development throughout the Island's countryside. The purpose of the planning system is to control the use and development of land in the public interest. That requires consideration of what is most appropriate for the population of the island as a whole. The protection of the Manx countryside from development and the presumption that new housing should be directed to locations consistent with the principles of sustainable development are two of the most important themes running through the Strategic Plan, the purpose of which is to establish a consistent framework within which the public interest can be served by the planning system. When making a planning decision that has permanent consequences (such as the erection of a new dwelling as is proposed here) it is also essential to bear in mind that the development sought will endure long after the circumstances of the current applicant have ceased to exist. - 7.2 For the reasons as set out in this report the application is recommended for refusal. The proposal is contrary to strict and established planning policy which seeks to protect the countryside from development. It is important that such development is controlled by the Development Plan process rather than as ad hoc decisions taken in isolation. - 7.3 The application conflicts with the aforementioned policies; Spatial Policy 5, General Policy 3, Environment Policies 1 and Housing Policy 4 of the Isle of Man Strategic Plan 2016. The application also fails to meet the tests of Paragraph 3.23 of the Area Plan for the South 2013.
8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:
8.2 The decision-maker must determine:
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Refused Date : 05.03.2018 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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