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concern that approval could set a precedent for further development within the area, that a new access would be dangerous, that development would prejudice public views of the sea, and that continuous ribbon development is unacceptable. The owner and/or occupant of Hampton Cottage, which is located approximately 750 metres west of the application site, object to the planning application. The grounds for their objection can be summarised as concern that approval could set a precedent for further development within the area, that a new access would be dangerous, that development would prejudice public views of the sea, and that continuous ribbon development is unacceptable. ## 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. 3. Planning Circular 6/91, which constitutes the written statement that accompanies the local plan, contains three polices 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 appendices nos. 1, 2, 3 and 4 to this document." 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." In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current planning application: 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: (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." 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: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14." ASSESSMENT The planning application seeks approval in principle for the erection of a dwelling on the application site. The application comprises a completed application form and a location plan that defines the application site in red. The applicant states that the proposed dwelling would be a high value private residence and that they are keen for the building to be ecologically and environmentally friendly. In terms of assessment the three primary issues to consider are whether i) the proposal accords with the land use designation and relevant planning policy; ii) the site can be accessed in manner that is not contrary to the interests of highway safety; and iii) the site can be drained in an appropriate manner. In respect of i) the application site is located within a wider area of land that is designated as open space (agricultural) and, as such, is not designated for development. It can be seen that planning policy contained within Planning Circular 6/91 and the Isle of Man Strategic Plan 2007 sets out a presumption against the development of such land. The only exceptions to this presumption against development are set out within Policy 5.8 of Planning Circular 6/91 and General Policy 3 and Housing Policy 4 of the Isle of Man Strategic Plan 2007. The planning application does not represent any of these stated exceptions. Nor does the applicant's desire to build a high value dwelling, a family residence or a dwelling that is specifically ecologically and environmentally friendly constitute grounds for making an exception to the presumption against development. Accordingly, the proposal therefore represents unwarranted development in the countryside and should be refused on such basis. As regards ii) the planning application merely states that an existing access would be modified and provides no detail of any such modification. It is usually held that an approval in principle application needs to demonstrate that safe means of access onto the adjacent highway can be provided. The failure of the planning application to do this can only be viewed as a reason for refusal of the planning application. Turning to iii) the planning application states that surface water run-off would be dealt with by soakaways and that foul sewage would be dealt with by septic tank. However no evidence is provided to demonstrate the ability of this being achieved within the application site. As with the issue of access arrangements it is usually held that an approval in principle application needs to demonstrate that the site can be drained in an appropriate manner. The failure of the planning application to do this can only be viewed as a reason for refusal of the planning application. In addition to the above concerns it is noted that the application site is essentially the full extent of field 522891. This area measures approximately 2.37 hectares, which is substantially in excess of a normal residential curtilage and not acceptable. Taking the above into account it is recommended that the planning application be refused. PARTY STATUS 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. 28 October 2009 09/01514/A 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 owner and/or occupant of 2 Cronk Rhenny Villa; The owner and/or occupant of Hampton Manor; and The owner and/or occupant of Hampton Cottage. Recommendation Recommended Decision: Refused Date of Recommendation: 28.10.2009 **
Conditions and Notes for Approval / Reasons and Notes for Refusal**
The proposed development represents unwarranted development that is contrary to the land use designation of the application site as open space (agricultural) under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 - Plan No. 3 and the presumption against the development of such areas set out within Planning Circular 6/91 and the Isle of Man Strategic Plan 2007. Specifically, the proposal is contrary to policies 5.4, 5.8 and 13.4 of Planning Circular 6/91 and General Policy 3, Environment Policy 1 and Housing Policy 4 of the Isle of Man Strategic Plan 2007.
The submitted planning application fails to demonstrate that the application site can be accessed in a safe manner that does not cause compromise highway safety.
The submitted planning application fails to demonstrate that surface water run-off and foul sewage can be dealt with in an appropriate manner within the application site.
Notwithstanding the issue of principle, the size of the application site is substantially in excess of what would be accepted as a normal residential curtilage and therefore represents an unacceptable level of unwarranted development.
I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made: Refused
Date:
28/10/09
Signed:
Senior Planning Officer
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