19 June 2007 · Secretary, Planning Committee (E J Callow)
The Lake House, West Baldwin, Isle Of Man, IM4 5hd
The proposal was for a two-storey dwelling with attached garage and single-storey element, including cellars due to sloping site towards the river, finished in rendered walls, tiled roof, and a feature glass wall to the river elevation.
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No formal decision reasoning as the application was withdrawn prior to determination. The officer's report (dated 6 June 2007, recommendation 19 April 2007) assessed the proposal as contrary to adopte…
Planning Circular 6/91 (Braddan Parish District Local Plan Written Statement)
The adopted plan does not zone the site for residential development. Officer noted West Baldwin not recognised as village extension; proposal contrary as unzoned rural land. No weight to draft Braddan Plan (2001/2003) identifying site as suitable, as it was abandoned.
Planning Circular 1/88 Residential Housing in the Country
Restricts countryside housing except agricultural needs; para 3: remaining areas 'intended to remain substantially free from development'; para 6: discourage except viable agricultural holdings. Site unzoned, no agricultural justification; previous refusals applied this strictly.
The Commissioners would recommend to the Planning Committee that the amended application be approved.
Do not oppose subject to the imposition of sight lines condition of 2 metres by 36 metres at the proposed access with the B22.
No objection, provided there is no development within 8 metres of the watercourse.
On balance I am not opposed to the principle of a suitably designed single dwelling.
Braddan Parish Commissioners recommended approval of the application (including amended plans); Isle of Man Water Authority requested standard water connection condition; neighbouring residents and conservation group objected on landscape, design, access, tree removal and countryside development grounds.
Key concern: unwarranted new house in the countryside in area of High Landscape Value and Scenic Significance
Braddan Parish Commissioners
SupportThe Commissioners would recommend to the Planning Committee that the application be approved.; The Commissioners would recommend to the Planning Committee that the amended application be approved.
Braddan Parish Commissioners
SupportThe Commissioners would recommend to the Planning Committee that the amended application be approved.
Isle of Man Water Authority
Conditional No ObjectionSee Note (2); For single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49
Conditions requested: condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws; For single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49
Isle of Man Water Authority
Conditional No ObjectionSee Note (2)
Conditions requested: condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws
Isle of Man Water Authority
Conditional No ObjectionSee Note (2)
Conditions requested: condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws
Mr. R N Carine & Mrs. S A Carine
ObjectionWe consider the design and site for this property to be unsuitable and we lodge our objection to this application.
Mr. R N Carine & Mrs. S A Carine
ObjectionMy wife and I reaffirm our opinion that the design and site for this property is unsuitable and we lodge our objection to this application.
Society for the Preservation of the Manx Countryside & Environment
ObjectionThe Society therefore OBJECTS to an unwarranted new house in the countryside.
Society for the Preservation of the Manx Countryside & Environment
ObjectionAs the Society OBJECTED (very strongly) to this application as a matter of principle, we have no interest in any amended plans and must simply maintain our OBJECTIONS.
Andrew Jessopp
No Objectionon balance I am not opposed to the principle of a suitably designed single dwelling.
The original application for Approval in Principle for erection of a dwelling and garage was refused by the Planning Committee due to the site not being zoned for residential development and not within a recognised village. The appellant argued the site is adjacent to an established hamlet with existing residential use, screened by landscaping, and compliant with general planning principles favouring development unless proven detrimental. The Council and Braddan Parish Commissioners defended the refusal citing conflict with the Braddan Local Plan designating the area as Woodland of High Landscape Value, Circulars 1/88 and 6/91, and risks of urbanisation and precedent. The inspector concluded the proposal deviated from rural protection policies without sufficient justifying factors and recommended dismissal. The Minister accepted this recommendation on 17 January 1992, confirming the refusal.
Precedent Value
This appeal reinforces strict adherence to zoning and Local Plan designations in rural/woodland areas of High Landscape Value, even adjacent to hamlets; family housing needs and landscaping do not justify exceptions without agricultural justification.
