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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00267/A Applicant : Oliver And Eleanor Blaker And Kelly Proposal : Approval in principle to site dwelling and garage , discharging the siting and means of access Site Address : Land West Of Merrion Park Old Castletown Road Port Soderick Isle Of Man IM4 1BB
Planning Officer: Mr Hamish Laird Photo Taken : 20.04.2023 Site Visit : 20.04.2023 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 18.08.2023 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The principle of development for the erection of a dwelling and garage is not accepted because the site lies within a rural and protected part of the countryside where any development is strictly controlled with the site not being allocated specifically for any development. The personal circumstances put forward by the applicant are not considered to be of such significance to warrant a departure from DEFA Planning policies for the area. The proposal would be contrary to the provisions of Strategic Policy 2; Spatial Policy 5; General Policy 3a); Housing Policy 4a); and, Environment Policy 1, which seeks to protect the countryside for its own sake and from "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."
R 2. The proposed development is unacceptable because the erection of dwelling and garage on the site would unacceptably alter the character and appearance of this part of Port Soderick which lies within the open countryside and would result in the loss of this important soft, green, visual gap between older and more recent development - a gap which adds to the semi- rural character of the site and its surroundings. This would be visually harmful to the rural character and appearance of the site and surroundings contrary to the provisions of General Policy 2 b) and c); and, Environment Policy 1 in the Adopted Isle of Man Strategic Plan (2016).
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Interested Person Status - Additional Persons
None __
Officer’s Report
THE SITE 1.1 The site is a parcel of land laid to grass and bounded by hedging on its roadside (SE) and SW boundaries, with an open boundary to the adjoining field to the rear (NW). It is located to the south west of the detached dwelling at Merrion Park, Old Castletown Road, Port Soderick, which lies on the NW side of the A25. The land level slopes gently upwards from the A25 in a NW direction. The site is bounded by the detached dwelling to north-east at Merrion Park, which is one of three dwellings including Claremont and Fuschia Cottage which lie on this side of the road to the north-east of the site.
1.2 Immediately to the south-west, and forming the SW site boundary is an access track which serves a pair of single storey dwellings at Jandakot and Thie Ain. These dwellings are located some 100m - 150m to the NW of the A25 carriageway. A further row of 5 dwellings lies on the opposite side of the junction of the access track with the A25 to the south-east of the site. All front onto the A25, with the nearest being Ballaveare Villa, which is a 2-storey, semi- detached dwelling. On the opposite side of the A25 to the south-east lie detached dwellings set in spacious grounds at Ballaveare and Shen Valley. Ballaveare is screened from the road by a substantial Manx Stone boundary wall.
1.3 The site is served by an existing gated access from the A25 located adjacent to the access track. It is located in the countryside outside any recognised settlement boundary, and within an area of High Landscape or Coastal Value and Scenic Significance (AHLV).
THE PROPOSAL 2.1 The application seeks approval in principle to site a dwelling and garage, discharging siting and the means of access, with all other matters reserved. The application is accompanied by the completed application forms, site location plan showing the site edged red, with land edged blue shown contiguous with the NW site boundary - which is the control of the applicant's family - the proposed site layout plan indicating the position of the dwelling and garage on site and position of the vehicular access onto the A25, a Topographical Survey Drawing, and 12 No. photographs of the site and its immediate surroundings.
2.2 In a covering letter accompanying the application, the applicant has provided the following additional information: "Applicant.
The applicant's own the proposal site outlined in red on the submitted location plan. The applicant's family (Farmers at "Ballashamrock" and "Southampton" farms) also own and are in control of the field immediately behind the land, outlined in blue on the location plan. Site.
The site is located on the righthand side of the A25 (Old Castletown Road) traveling through the Port Soderick hamlet, heading in the South-West direction. Dimensions of the site are approximately 28.5 m wide and 56.75 m deep. The overall area of land equates to 1,617.375 square metres or thereabouts. The frontage onto the highway has an existing gateway providing access onto the highway and there is a 1.6 metre wide grass verge in front of the site running the entire length of the frontage.
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The ground levels on site fall approximately 4.5 metres from North to South. The land although not zoned for development. appears as a natural "infill" plot bearing in mind, that it is located within a hamlet where there is residential development on both sides of the highway.
Proposals The site can be adequately serviced with both water and electric. The proposed dwelling would be similar in size to the 2 neighbouring dwellings to the East ("Merrion Park" and "Claremont")
An indicative footprint has been shown on the drawings for guidance purposes only to show how a dwelling and garage could be accommodated on the site. Substantial separating distances can be achieved between the dwelling and other neighbouring properties to avoid any impact on outlook, privacy and light.
The proposed dwelling would be sympathetically designed for the area and would be ECO friendly due to being highly insulated and substantially airtight to reduce energy consumption, to the extent that it may be powered largely by renewable energy from solar / photovoltaic panels and air source heat pump. An electric vehicle charging point would be provided in line with the IOM Government climate change objectives. The location shown for the dwelling is behind the building line to the highway and outside tree canopies of existing trees running alongside the adjacent lane boundary. If approval is forthcoming, it would be the applicant's intention to hold pre planning consultation with the planning authority, prior to submission of a reserved matters planning application, to discuss and agree size, design, landscaping and appearance of any detailed proposals.
Aesthetically, it would be in keeping with the styles of building constructed in the area.
Drainage. Foul drainage from the site would discharge to a new Kingspan / Klargester Biodisc treatment tank located in accordance with building control regulations. Storm water drainage would discharge to "Aquacell" site soakaways located minimum 5 meter distance from buildings, highway and boundaries.
Access onto the Highway and parking provision. The existing gate and vehicular access onto the highway would be sealed up and replaced with a new access located centrally on the front of the site. Minimum sight lines of 2.4 metres x 90 metres can be achieved in both directions along the highway, which are in excess of the minimum requirement of highway authority planning guidelines, relative to traffic speeds.
The new proposed access would be recessed, similar to the existing neighbouring properties to the East, with gates located at a minimum distance of 6 metres back from the highway.
Off road parking provision, driveway access and turning arrangement would be in accordance with Planning and Highway authority guidelines. Secure bicycle storage space and electric vehicle charging facility will be provided. A storm water drainage channel would be provided across the junction of the drive with the highway to prevent water from the development spilling over onto the highway. Access design would conform with Design Manual for Roads and Bridges standard CD123 for direct accesses and Manx Roads.
Consultation was carried out with the highway authority on 17th January 2023, prior to submission of this planning application and comments received back were favourable.
Planning History. There are no previous planning applications for this land.
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However, there are 2 neighbouring sites / developments which are relevant to this submission (dwellings and garages approved) PA 07/00756/B and PA05/01897/REM
Both the above properties were approved on land not zoned for development. The planning officer's assessment within PA/07/00756/B, "Merrion Park", the neighbouring property to the East, referred to the current application site.
"The site is not located within an area identified in an adopted plan, however the site lies immediately adjacent to a recently developed site and within an existing settlement which could not, it is considered, be classed as open countryside. Given the development to the east, South and North of the site, it is further considered that the site would not represent the consolidation of a ribbon of development in the countryside, but rather be an infill plot with one further plot to the South-West of the site remaining".
The statement above "one further plot South-West of the site remaining" is a reference to the application site, accepting that the land was a potential building plot in the future. We are aware of other example of similar types of planning applications, where dwellings have been approved on land, not zoned for development within the Island. PA 15/00991/B, 18/00200/A, 12/00643/B
Conclusion. It is acknowledged that the land is not currently zoned for development, however we believe that the site in an "infill plot" as it appears as a gap, in the street scene and positioned within an established residential hamlet.
The application site sits directly on the roadside where there is residential development on both sides of the road throughout the hamlet.
Furthermore, there is existing residential development to the East, South and West and North- West of the site.
Development here consolidates the settlement without expanding into the countryside. The proposal would not be harmful to the character or appearance of the landscape. We also believe that a development on this site could be successfully carried out without impacting on existing neighbouring properties or the character of the area.
Every application should be judged on its own merits and favourable consideration should be given to this proposal, bearing in mind its location, previous development carried East of the site and reference made in PA/07/00756/B.
We trust the enclosed is in order, please do not hesitate to contact us should you require any further information or assistance in this matter."
2.3 In addition, the Applicants have written advising that they would like to build their family home in the community where one of them - Eleanor Kelly - has always lived, instead of having to rent a property in Douglas. They are seeking a long term sustainable home suitable for modern living and energy efficiencies in a familiar community. The plot is owned by Eleanor Kelly and is the remaining piece of land in the corner of the field which already has two properties PA07/00756/B - applied 18th April, 2007), established there. The adjoining farmland is owned by 'Eleanor's' father and his brother. The farm is managed and run by 'Eleanor's' family.
PLANNING POLICY 3.1 The application site lies within an area not designated for development and within an area of High Landscape or Coastal Value and Scenic Significance (AHLV) on the Town and Country Planning (Development Plan) Order 1982. On the Area Plan for the East (2020) the
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site is featured as an area not designated for development. The site is not within a Conservation Area.
3.2 In the Isle of Man Landscape Character Assessment (July 2008) at Figure 3.1 'Landscape Character Types and Areas', the site is identified as being within a Landscape Character Area that is broadly classified as 'D13 - Santon' - Incised Slopes.
3.3 Within the Isle of Man Landscape Character Assessment Written Statement (July 2008) under section 3.0 Landscape Character Area (LCA), page 126, the Landscape Strategy is:
"The overall strategy should be to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms and wooded horizons, its scattered settlement pattern, its Victorian pleasure glen and the railway."
"Key views Open and expansive views from the higher areas along the rugged coast in the east and inland towards the upland areas over Braaid. o Incinerator chimney forms a notable landmark in the immediate area. o Glimpsed views framed by vegetation in the valley bottoms and along the main roads where they follow the wooded valley bottoms. o Views in the northern part of the area up to the Transmitting Masts on top of Douglas Head hill top. o Views from Isle of Man Steam Railway"
3.4 It is noted the site is not identified as being at flood risk.
3.5 The following policies of the IOM Strategic Plan are considered relevant to the consideration of the application:
3.6 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 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."
3.7 Environment Policy 2: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: (a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential."
3.8 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: (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
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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."
3.9 Housing Policy 1 states that 'The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 5,100 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2011 to 2026'.
3.10 Housing Policy 4: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) 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."
3.11 Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under- used land and buildings, and re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services.
3.12 Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3.
3.13 Paragraph 7.34.1 7.34.1 Every settlement in the Island has its own individual character and identity which needs to be conserved and enhanced. If such characteristics and qualities are not to be lost, any new development must be appropriate to the locale in terms of scale, siting, design, relationship with other buildings and land uses. Area Plans should identify important spaces within settlements, whether in the form of village greens, squares or areas which simply add to the attractiveness and interest of particular areas which have positive amenity value. It is important to the attractiveness and individuality of centres that over intensive development is avoided as well as the gradual merging of towns and villages in order to preserve a sense of identity and sense of place. In terms of existing settlements, in both rural and urban areas, new development will be expected to follow the following design principles. Development will need to:
i. be of a high standard of design, taking into account form, scale, materials and siting of new buildings and structures; ii. be accompanied by a high standard of landscaping in terms of design and layout, where appropriate;
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iii. protect the character and amenity of the locality and provide adequate amenity standards itself; iv. respect local styles; and v. provide a safe and secure environment.
"Backland development(2)" (which is development on the land at the back of properties) may also be acceptable in some circumstances, but only if satisfactory access can be achieved and if there is sufficient space to provide adequate amenity for both new and existing adjoining dwellings.
3.14 Strategic Policy 4: Proposals for development must:
(a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance.
3.15 Environment Policy 4: Development will not be permitted which would adversely affect:
(a) species and habitats of international importance: (i) protected species of international importance or their habitats; or (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites.
(b) species and habitats of national importance: (i) protected species of national importance or their habitats; (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or (iii) Marine Nature Reserves; or (iv) National Trust Land.
(c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats.
Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward.
PLANNING HISTORY 4.1 The site has not been the subject of any previous planning applications
4.2 In respect of the adjoining land as advised by the applicants, PA/07/00756/B for the 'Erection of a dwelling' on site at Field 524037, Old Castletown Road, Port Soderick, Isle of Man was approved following a meeting on 16.7.2008 of the DEFA Planning Committee - Decision dated 23.08.2007.
4.3 PA05/00244/A - Approval in principle to erect a 4/5 bedroom dwelling and garage at Claremount, Old Castletown Road, Port Soderick, Isle Of Man, IM4 1BB, was approved
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following a meeting on 20.05.2005 of the DEFA Planning Committee - Decision dated 27.05.2005.
4.4 PA05/01897/REM - Reserved matters application for the erection of a detached four bedroom dwelling and detached double garage at Part Of Field 524037 Adjacent Fuschia Cottage, Old Castletown Road, Port Soderick, Isle Of Man, IM4 1BB, was approved under delegated powers - Decision dated 14.12.2005.
4.5 PA 06/00001/B for Reduce width of sun lounge, to add windows to gable and to remove chimney breast / fireplace (Amendments to approved 05/01897) at Part Of Field 524037 Adjacent Fuschia Cottage, Old Castletown Road, Port Soderick, Isle Of Man, IM4 1BB, was approved under delegated powers - Decision dated 21.04.2006.
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 The Department of Infrastructure (DOI) Highways Division commented on 22/3/2023 as follows:
Highways Comments: The dwelling is to be located in Port Soderick with access onto the A25. At this point, the road is subject to a speed limit of 30mph and is within a built-up residential area. As such the Manual for Manx Roads visibility requirement of 2.4m x 43m would apply. The application has provided visibility splays exceeding this requirement with splays up to 90m. The splays have been drawn wholly within the applicant owned land or the highway with any obstruction within the visibility splay area annotated to be no higher than 1m. Highways accept the visibility achievable from this access.
The proposed access meets the required Manual for Manx Roads standards. The access is to be 4m in width which is adequate to accommodate both vehicular and pedestrian access to the dwelling. The surface is to be constructed of bitmac, forming a bound and consolidated surface. Access gates are to be placed 6m back from the edge of the highway and open inwards, meaning vehicles can pull in off the highway to enter. From the topographical survey and street imaging, the gradient from the access to the highway should be an acceptable level, however the applicant should ensure that a gradient of maximum 1:14 (7%) is used.
The application has made reference to a drainage channel running across the access to intercept surface water run-off. The acceptability of this drainage solution should be confirmed by Highway Services Drainage Team.
The alteration to the highway, in the form of creating a new access, will require a Section 109(A) Highway Agreement to be made post planning consent.
The proposal is to an acceptable standard to allow Highway Services Development control to have no objection to the proposal in principle. For future development reference, the following requirements are necessary internally, most of which have already been addressed by this application.
Parking provision of a minimum of two spaces should be provided to meet the Strategic Plan minimum requirement, with space within the curtilage to allow a vehicles to turn in order to exit in a forward gear. It seems from the siting of the dwelling that this provision can be accommodated, however this will need to be confirmed at reserved matters stage.
Bicycle parking provision in a secure and covered location at the rate of one space per bedroom should be provided. The proposal to use the garage for this storage is acceptable,
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provided the garage is not also used for vehicular parking, or that there is sufficient internal space for the required number of vehicles spaces and bicycle storage. The applicant may wish to consider the provision of an electric vehicle charging point in order to support the islands sustainable transport goals.
The proposal raises no significant road safety or highway network efficiency issues. Accordingly, Highway Services Development Control raises no objection to the proposal subject to all access arrangements conforming to drawing No. 2. The Applicant is advised that a S109(A) Highway Agreement is needed after the grant of planning consent.
Recommendation:- Do not oppose subject to condition
5.2 Highways provided updated comments on 27/3/23 advising: Further to the response to PA 23/00267/A, please could Highways request the planning officer add the following condition for 'details of parking and internal layout to be submitted to the Department for approval prior to the commencement of construction'.
5.3 Highways provided further updated comments on 28/4/23 advising: " Highways Development Control notes the additional information uploaded on 26 April 2023 and the clarification over the speed limits and visibility splays. It is acknowledged that the visibility splays accord with 40mph speed limits and remain acceptable as drawn. Accordingly, the recommendation of DNOC remains with requested conditions and advisories as per responses on 22 and 27 March 2023."
5.4 Braddan Commissioners (29/3/2023) comments as follows: "I can confirm that they had no objection to the following application:- PA23/00267/A - Approval in principle to site dwelling and garage, discharging the siting and means of access - Land West Of Merrion Park, Old Castletown Road, Port Soderick, Braddan, Isle Of Man, IM4 1BB"
5.5 DEFA's Environmental Protection Officer has made the following comment regarding the application in a letter dated 3 April, 2023: With regard to PA 23/00267/A please can the following information be confirmed by the applicant or agent; Discharge method for the proposed Klargester Biodisc sewage treatment works. If the sewage treatment works is connected to a drainage ditch or watercourse a discharge license will be required. Further information including the application form can be found at; https://www.gov.im/about-thegovernment/departments/environment-food-and- agriculture/environmentdirectorate/environmental-protection-unit/river-water- quality/discharge-licenses/ If the discharge is connected to a soak-away; percolation tests will need to be carried out in accordance with Building Regulations.
5.6 DEFA's Ecosystem Policy Officer has made the following comments regarding the application in a letter dated 30 March, 2023:
"The photos supplied with the application show that there is extensive area of montbretia in the road verge that is to be removed to facilitate the new access to the site. Montbretia is a Wildlife Act 1990 Schedule 8 invasive non-native plant species. It is an offence to plant or otherwise cause to grow in the wild any plants listed in Part II of Schedule 8. Irresponsible working methods could enable the spread of this plant into the wild which would be an offence and therefore we request that a condition is secured for no works to take place, including construction and enabling works, unless a montbretia avoidance and eradication plan has been submitted to Planning for written approval. The works must then be undertaken in full accordance with this plan.
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The creation of the access will also removal of a small area of native shrubs and trees, thus result in a net loss for biodiversity on site. Therefore we also request that a condition is secured on approval for the detailed application to be accompanied by a plan for native replacement planting."
5.7 No third party letters of representation had been received by the Report Drafting stage.
ASSESSMENT 6.1 Given the land-use designation and the type of development, the following elements are relevant to consider in the determination of this application; i. The principle of the development, ii. The highway safety Impacts; and iii. Environmental Issues.
PRINCIPLE OF DEVELOPMENT
6.2 The first and main issue relating to this application is the principle of residential development on this site. The starting point here is the land designation, it is clear from the Area Plan for the East that the application site is within a rural and protected part of the countryside where any development is strictly controlled with the site not being allocated specifically for any development. It is noted that approval was previously granted for residential development on the adjoining 2 plots (See PA PA05/00244/A and 06/00001/B for Claremont; and, PA/07/00756/B for Merrion Park) to which the site was previously attached as a single field, with field still classified as land that is not designated for development in the Area Plan. It is also noted that the surrounding development in this part of Port Soderick, including the dwellings referred to in paragraph 1.2 above, also lie in the countryside in an area where land that is not designated for development in the Area Plan. Port Soderick does not benefit from a settlement boundary and is effectively a cluster of dwellings in the countryside as noted in policy SP4 and development of the site for a residential dwelling would be contrary to policies STP2 and SP4 in principle.
6.3 The applicants have advised that the site for the proposed dwelling represents "an "infill plot" as it appears as a gap, in the street scene and positioned within an established residential hamlet.
The application site sits directly on the roadside where there is residential development on both sides of the road throughout the hamlet. Furthermore, there is existing residential development to the East, South and West and North- West of the site.
Development here consolidates the settlement without expanding into the countryside. The proposal would not be harmful to the character or appearance of the landscape. We also believe that a development on this site could be successfully carried out without impacting on existing neighbouring properties or the character of the area."
6.4 In terms of exceptional circumstances, the applicants have advised of their connections to the locality where they would like to build their family home in the community where one of them - Eleanor Kelly - has always lived, instead of having to rent a property in Douglas. They are seeking a long term sustainable home suitable for modern living and energy efficiencies in a familiar community. The plot is owned by Eleanor Kelly and is the remaining piece of land in the corner of the field which already has two properties PA07/00756/B - applied 18th April, 2007), established there. The adjoining farmland is owned by 'Eleanor's' father and his brother. The farm is managed and run by 'Eleanor's' family.
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6.5 In the Adopted Isle of Man Strategic Plan (2016), Strategic Policy 2 prioritises the location of new development within existing towns and villages, and advises that development in the countryside will only be permitted in exceptional circumstances as identified in Paragraph 6.3 'Development outside of areas zoned for development' of the Strategic Plan. General Policy 3 indicates (amongst other things) that: "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);"
6.6 Housing Policy H4 indicates the same as General Policy 3 advising (amongst other things) that: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) 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;"
6.7 Housing Policy 7 indicates that: "New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated.", whilst Housing policy H8 outlines occupancy restrictions for agricultural dwellings; H9 outlines the parameters of where an agricultural dwelling should be sited; and, Housing Policy 10 outlines the design requirements for agricultural dwellings to ensure, as far as possible, that they are of a size and design, function and affordability to future agricultural workers.
6.9 Whilst the applicant Eleanor Kelly's Father and Brother derive a living from agriculture, the applicants do not and they are not proposing that this dwelling be the subject of any agricultural tie. Therefore, the requirements of Housing Policies 7, 8, 9 and 10, are not relevant in this case. It is noted that two previous planning permissions have resulted in the development of adjoining land to the north-east for two open market dwellings, however, these permissions (PA PA05/00244/A and 06/00001/B for Claremont; and, PA/07/00756/B for Merrion Park) pre-date the planning policy advice contained in Isle of Man Strategic Development Plan 2016. Whilst the previous development plan contained similar policies, planning applications for development should be considered against the provisions of the Development Plan unless material considerations indicate otherwise. In this case, it is considered that despite the fact that two dwellings have been development on adjacent land within the preceding 20 years, insufficient personal circumstances have been put forward by the applicants to outweigh DEFA Planning's Adopted planning policies.
6.10 The principle of development for this application, therefore, falls to be considered against the provisions of Housing Policy H4a) and General Policy GP3a) in the Strategic Plan, which, as noted above in paragraph 6.6 advise the same thing in that that new housing in the countryside will only be permitted in exceptional circumstances, the main one being where there is an essential need for housing for agricultural workers. In this case, and noting the position of the site set between and opposite residential properties, the principle of development for the erection of a dwelling and garage is not accepted and the application is contrary to the provisions of, specifically, General Policy 3a); Housing Policy 4a); and, Environment Policy 1, which seeks to protect the countryside for its own sake and "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."
(ii) Visual Impact
6.11 It is noted that the application proposes the approval in principle of a dwelling and garage, whilst discharging the siting of the means of access. The site currently forms part of a larger grassed field which has hedging on its roadside (SE) and SW boundaries, with an open boundary to the adjoining field to the rear (NW). The site is bounded by the detached dwelling
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to north-east at Merrion Park, which is one of three dwellings including Claremont and Fuschia Cottage which lie on this side of the road to the north-east of the site. Immediately to the south-west, and forming the SW site boundary is an access track which serves a pair of single storey dwellings at Jandakot and Thie Ain, which are located some 100m - 150m to the NW of the A25 carriageway. A further row of 5 dwellings lies on the opposite side of the junction of the access track with the A25 to the south-east of the site. All front onto the A25, with the nearest being Ballaveare Villa, which is a 2-storey, semi-detached dwelling. On the opposite side of the A25 to the south-east lie detached dwellings set in spacious grounds at Ballaveare and Shen Valley. Ballaveare is screened from the road by a substantial Manx Stone boundary wall.
6.12 It is key that any dwelling should be in keeping and sympathetic with the character of the site and surrounding area which is characterised by 2-storey detached and semi-detached dwellings, with one of the dwellings opposite the site being a single storey unit. All the neighbouring and nearby dwellings are sited on spacious plots, with mature landscape screening to them, albeit Merrion Park, and Claremont, are both relatively new.
6.13 The main public views of the site are derived from Old Castletown Road, and to a lesser extent from the adjoin track to that runs along the south-western site boundary. Any new dwelling and garage would be most obvious when viewed from directly opposite the site entrance onto the road. The indicative siting of the dwelling and garage are shown on plan set in from the roadside boundary of the site, with the footprint of the dwelling lining up with that at Merrion Park. It would be set back in relation to Ballaveara Villa and its attached neighbour Seacliff. Without drawn details it is difficult to judge how the dwelling and garage would look and the visual impact it would have in the context of the site, neighbouring dwellings and in respect of the character and appearance on the streetscene. The character and appearance of the site which is presently emphasised by its grass sward, mature roadside hedging and the tree lined hedge boundary to the south-west running along the access track to Jandakot and Thie Ain, and as it is represents an important visual break in development in this relatively loose-knit cluster off dwellings in the countryside.
6.14 It is considered that the erection of dwelling and garage on the site would unacceptably alter the character and appearance of this part of Port Soderick and would result in the loss of this important soft, green visual gap between older and more recent development - a gap which adds to the semi-rural character of the site and its surroundings. In this regard it is considered that the proposed development would be contrary to the provisions of Environment Policy 1, which seeks to protect the countryside for its own sake and "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."
6.15 In addition, it is considered that the siting, scale and visual impact of a dwelling and garage on the character of the site, adjoining dwellings, and overall surroundings would fail to accord with the provisions of General Policy 2 (b and c) in the Adopted Isle of Man Strategic Plan (2016).
(iii) Neighbouring amenities
6.16 The indicative siting of the dwelling and garage are shown on plan set in from the roadside boundary of the site, with the footprint of the dwelling lining up with that at Merrion Park. It would be set back in relation to Ballaveara Villa and its attached neighbour Seacliff. Owing to the sloping nature of the site it is likely that any built form for the dwelling and garage would be set into the site to provide a level internal floor area, this would reflect the situation with the adjoining dwelling at Merrion Park. The submitted plan shows an approximate wall-to-wall distance of 9.0m between the hew dwellings side elevation and that of the dwelling at Merrion Park. Whilst there are no design details of the dwelling to examine, it
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is considered that any overlooking or loss of light privacy, and/or overbearing relationship is unlikely to arise given the separation distance between the two dwellings. In terms of other dwellings to the south-east across the road; and, to Ballaveara Villa to the south-west, these dwellings are in the region of 30m and 60m distant from the site of the new dwelling and are well-screened by intervening vegetation and boundary treatments. The dwellings to the north- west of the site along the access track at Jandakot and Thie Ain would similarly be in the region of 60m - 100m distant from the site of the new dwelling. It is considered that the impact of the new dwelling and garage on the residential amenities of occupants of these adjoining and nearby dwellings is considered to be acceptable and would accord with the provisions of General Policy 2 (h), Environment Policy 22 (iii) in the Adopted Isle of Man Strategic Plan (2016).
(iv) Highway Safety
6.17 The site benefits from an existing vehicular field access onto Old Castletown Road. However, the submitted plans show a new vehicular access centrally located within the sites road frontage boundary hedge which would provide a 4.0m wide access with 6.0m deep setback to the gates which would be set between either brick or stone, curved walls with the gates et between piers. Old Castletown Road is relatively wide and straight in the vicinity of the site, and is subject to a 30MPH speed limit. The application has provided visibility splays exceeding this requirement with splays up to 90m, against a Manual for Manx Roads visibility requirement of 2.4m x 43m. On-site turning areas and parking provision along with cycle parking and electric vehicle charring can be accommodated on site, and as such there are no objections to the proposals on highway safety grounds. In this regard the proposal is considered to be acceptable and meets the requirements of the Manual for Manx Roads and Transport Policy 7 in the Adopted Isle of Man Strategic Plan (2016).
(v) Trees and Ecology
6.19 Comments have been received from DEFA Ecosytem Policy Officer relating to the submitted site photographs which show that there is extensive area of montbretia in the road verge that is to be removed to facilitate the new access to the site. Montbretia is a Wildlife Act 1990 Schedule 8 invasive non-native plant species. Further comments advise that it is an offence to cause this plant to grow and that irresponsible working methods could enable its spread into the wild. A montbretia avoidance and eradication plan has been submitted to Planning for written approval. The works must then be undertaken in full accordance with this plan.
6.20 Apart from the montbretia, in terms of impacts on biodiversity, the Ecosystem Policy Team notes that a small section of hedge would need to be removed to accommodate the new vehicular access, and that native species replanting should be conditioned. In this regard, it is considered that such mitigation details would meet the provisions of the Wildlife Act 1990, and for compliance with Environment Policies 4 and 5 of the Isle of Man Strategic Plan.
(vi) Drainage / flooding
6.21 The site is not identified as being in an area at flood risk. The proposal involves the use of a BioDisc packaged sewage treatment plant which is proposed to be connected to a treatment tank located in accordance with building control regulations. Storm water drainage would discharge to "Aquacell" site soakaways located minimum 5 meter distance from buildings, highway and boundaries. The DEFA Environmental Protection Officer has raised no objection in principle to these proposed arrangements subject to further information being submitted to meet future drainage license requirements and the Building Regulations in respect of percolation tests to assess the suitability of any soakaway. It is considered that such mitigation details would meet the provisions of General Policy 2(l); and, Environment Policies 7 and 22 of the Adopted Isle of Man Strategic Plan (2016).
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(vii) Conclusion
7.1 The principle of development for the erection of a dwelling and garage is not accepted because the site lies within a rural and protected part of the countryside where any development is strictly controlled with the site not being allocated specifically for any development. The personal circumstances put forward by the applicant are not considered to be of such significance to warrant a departure from DEFA Planning's policies for the area.
7.2 It is further considered that the erection of dwelling and garage on the site would unacceptably alter the character and appearance of this part of Port Soderick and would result in the loss of this important soft, green visual gap between older and more recent development
Recommendation: Refuse
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:
(a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Refused Date: 23.08.2023
Determining officer Signed : J SINGLETON
Jason Singleton
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