Planning Authority Appeal Statement

Appeal statement on behalf of the Planning Authority Appeal no: L01NEW/AP11/0109 Planning application no: 11/00850/B Subject: Erection of a dwelling with integral garage, associated parking and landscaping. Mount Rule Nursery, Mount Rule, Braddan. Appeal by: The applicant against the Planning Authority’s decision to refuse planning approval. ### Considerations {{table:9443}} {{table:9440}} ### Written Representations {{table:9441}} ### Consultations {{table:9442}}

Officer's Report

THE APPLICATION SITE AND PROPOSED DEVELOPMENT

The application site is a parcel of land located within the Mount Rule area of Braddan. The site currently contains a number of greenhouse buildings.

The proposed development comprises the erection of a dwelling with integral garage, associated parking and landscaping on the application site.

Planning History

Whilst the application site has been the subject of previous planning applications it is considered that none of these are specifically material to the assessment of this current planning application. The greenhouses contained within the application site were constructed following the granting of a planning application in 1991.

Representations

Highways and Traffic Division indicate that they do not oppose the application

The Isle of Man Water and Sewerage Authority seek a flood risk statement and sectional drawings through the site and the water course which runs through the site.

The Manx Electricity Authority request consultation regarding the provision of electricity supplies to the development. This is not a material planning consideration and should not be referred to in any conditions.

A resident of Douglas seems unaware of why the greenhouses on site were approved in the first place and suggests that if the site is no longer horticulturally viable, it should be returned to open space, not built upon.

Planning Policy

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 – Plan No. 2.

Planning Circular 6/91, which constitutes the written statement to be read in conjunction with the plan, contains a number of policies that are considered to be specifically material to the assessment of this current planning application:

Policy 5.4, which relates to designated residential development within the plan area, 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, which relates to new residential development in the countryside, 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 the Countryside 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 appendices nos. 1, 2, 3 and 4 to this document."

Policy 13.4, which relates to development in the countryside, states:

"No further development in the countryside will be permitted with the exception of those referred to on 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."

In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains a number of policies that are considered specifically material to the assessment of this current planning application:

Strategic Policy 2, which relates to the environment, 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, which relates to the location of development, 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, which relates to development outside of areas zoned for development, states:

"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 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."

For the purposes of planning previously developed land is defined under Appendix 1 as:

"land is that which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure.

The definition includes defence buildings, but excludes:

• Land that is or has been occupied by agricultural or forestry buildings.
• Land that has been developed for minerals extraction or waste disposal by landfill purposes where provision for restoration has been made through development control procedures.
• Land in built-up areas such as parks, recreation grounds and allotments, which, although it may feature paths, pavilions and other buildings, has not been previously developed.
• Land that was previously-developed but where the remains of the permanent structure or fixed surface structure have blended into the landscape in the process of time (to the extent that it can reasonably be considered as part of the natural surroundings).

There is no presumption that land that is previously-developed is necessarily suitable for housing development nor that the whole of the curtilage should be developed."