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Part 1 - Case officer's report
Appeal no: AP09/0040
Planning application no: 08/02040/A
Subject: Approval in principle for the erection of a detached dwelling and garage on land abutting Peel Road opposite the Braddan Church junction, Peel Road, Braddan.
Appeal by: The applicant against the Planning Authority’s decision to refuse planning approval.
Statement prepared by: Mr A Holmes BA(Hons) DipTP(UC) MRTPI, Planning Officer
Application No.: 08/02040/A Applicant: Mr D Moore Proposal: Approval in principle for the erection of a detached dwelling and garage Site Address: Land Abutting Peel Road Opposite The Braddan Church Junction Peel Road Braddan Douglas Isle of Man
Case Officer: Mr A Holmes Photo Taken: Site Visit: 17.02.2009 Expected Decision Level: Delegated Decision Senior DC Officer
| 2 Glen View South Cape Laxey Isle Of Man | Objects to the proposal |
| DOT Design Services Division | Interest expressed |
| Consulttee: | Highways Division |
| Notes: | Do not oppose subject to conditions |
| Consulttee: | Braddan Parish Commissioners |
| Notes: | Objection |
| Consulttee: | Chief Environmental Health Officer |
| Notes: | Interest expressed |
The application site comprises land north of Braddan Bridge between Peel Road and the River Dhoo, opposite Braddan Church in Braddan. The site is relatively level until it slopes steeply down to the river on its eastern boundary.
The planning application seeks approval in principle for the erection of a detached dwelling and garage on the application site.
The application site has been the subject of a number of previous planning applications that are considered specifically material to the assessment of this current planning application:
Planning application 94/00296/A sought approval in principle for tourist accommodation for disabled persons with associated facilities on land at and adjacent to Ballafletcher Cottage, Peel Road, Braddan. This previous planning application was refused on the 19th July 1994.
Planning application 94/01007/A sought approval in principle for provision of self-contained tourist units for the disabled on land adjacent to Ballafletcher Cottage, Peel Road, Braddan. This previous planning application was refused on the 8th December 1994.
Planning application 95/00622/a sought approval in principle for the erection of self-contained tourist apartments for disabled and people with special needs on land adjacent to Ballafletcher Cottage, Peel Road, Braddan. This previous planning application was refused at review on the 14th March 1996.
Planning application 96/01174/A sought approval in principle for two detached dormer bungalows on land adjacent to Ballafletcher Cottage, Peel Road, Braddan. This previous planning application was refused at appeal on the 18th September 1997. A copy of the appeal refusal decision for this previous planning application has been placed on the file for the current planning application.
Planning application 04/00731/B sought approval for a highway improvement scheme including the creation of a mini roundabout on land at the junction of Braddan Church, Peel Road and Saddle Road,
Braddan. This previous planning application was approved on the 30th June 2004. A copy of the approval decision notice for this previous planning application has been placed on the file for the current planning application.
Planning application 07/00486/A sought approval in principle for the erection of three dwellings with associated roads and sewers on land abutting Peel Road opposite Braddan Church, Braddan. This previous planning application was refused on the 2nd July 2007. An appeal against the refusal was dismissed by the Minister, with the appeal refusal decision issued on the 23rd October 2007. Copies of the refusal decision notice and appeal refusal decision for this previous planning application have been placed on the file for the current planning application.
Braddan Parish Commissioners object to the planning application on the grounds that the land is not zoned for residential development. They believe that any development would be against General Policy 3 and potentially against General Policy 2(d) and Environment Policy 7(d) of the Isle of Man Strategic Plan 2007.
The Department of Transport Highways Division do not oppose the planning application subject to the provision of visibility splays of $2.4 \times 36$ metres at the point of access and those splays being kept clear of any object, vegetation, or other obstructions of a height exceeding $1.05\mathrm{m}$ above the land of the adjacent carriageway.
The Chief Environmental Health Officer expresses an interest in the planning application. They have commented on the proposed means of foul sewerage disposal. They have discussed the matter directly with the applicant’s agent, who has clarified the issue and advised that a License to Discharge would be sought if planning approval were granted.
The Department of Agriculture, Fisheries and Forestry’s Inland Fisheries Division expresses an interest in the planning application. They suggest that development must be a minimum distance of 8 metres from the watercourse in order to minimise the risk of damage or disturbance to the river banks and river bed and that due to the close proximity of the river measures must be in place during construction works to safeguard the watercourse from run-off and sedimentation.
The Department of Transport Design Services Division express an interest in the planning application on the grounds that there are potential enforcement implications that involve them in the event that the planning application is refused. They advise that they have been in discussion with the applicant regarding the matter.
The owners and/or occupants of 1 Braddan Bridge, which is located east of the application site, object to the planning application. The grounds for their objection can be summarised as believe that the development would be contrary to the land use designation under the Braddan Parish District Plan 1991 and policies contained within Planning Circular 6/91 and the Isle of Man Strategic Plan 2007. They are particularly concerned about the impact of development on the trees and woodland setting, the potential for overlooking and subsequent effect on privacy arising from the development, the impact on long distance footpath and cycle way, and the general adverse visual impact from the development of the site. They considered that there are no material circumstances to override the reasons for refusal of previous planning application 07/00486/A. Furthermore, they are concerned about the current use of the application site for the storage of Department of Transport materials.
The owner and/or occupant of 2 Braddan Bridge, which is located east of the application site, objects to the planning application. The grounds for their objection can be summarised as believe that the development would be contrary to the land use designation under the Braddan Parish District Plan 1991 and policies contained within Planning Circular 6/91 and the Isle of Man Strategic Plan 2007. They are particularly concerned about the impact of development on the trees and woodland setting, the potential for overlooking and subsequent effect on privacy arising from the development, the impact on long distance footpath and cycle way, and the general adverse visual impact from the development of the site. They considered that there are no material circumstances to override the reasons for refusal of previous planning application 07/00486/A. Furthermore, they are concerned about the current use of the application site for the storage of Department of Transport materials.
The owner and/or occupant of 3 Braddan Bridge, which is located east of the application site, object to the planning application. The grounds for their objection can be summarised as believe that the development would be contrary to the land use designation under the Braddan Parish District Plan 1991 and policies contained within Planning Circular 6/91 and the Isle of Man Strategic Plan 2007. They are particularly concerned about the impact of development on the trees and woodland setting, the potential for overlooking and subsequent effect on privacy arising from the development, the impact on long distance footpath and cycle way, and the general adverse visual impact from the development of the site. They considered that there are no material circumstances to override the reasons for refusal of previous planning application 07/00486/A. Furthermore, they are concerned about the current use of the application site for the storage of Department of Transport materials.
PLANNING POLICY
In terms of local plan policy, the application site is designated as open space 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 local plan, contains one policy that is considered potentially 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."
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains five policies that are considered potentially material to the assessment of this current planning application.
"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
(a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."
"Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
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