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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/00200/A Applicant : Leonard Leslie Brindley Proposal : Approval in principle for the erection of a dwelling Site Address : Field 624255 Glen Mona Loop Road Glen Mona Ramsey Isle of Man
Principal Planner: Mr Chris Balmer Photo Taken : 31.05.2018 Site Visit : 31.05.2018 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Refused Date of Recommendation: 19.06.2018 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The erection of a dwelling on the proposed site which is located within an area not designated for development would be contrary to established planning policies aimed at protecting the Manx countryside for its own sake, preventing development encroaching into the countryside which also impacts upon the character and quality of the landscape and directing new residential development to locations that are designated for such development. For these reasons the proposal would be contrary to Spatial Policy 4 & 5, Strategic Policy 2 , Strategic Policy 10, General Policy 3, Environment Policy 1 & 2 and Housing Policy 4 of the Isle of Man Strategic Plan 2016 and the Isle of Man Development Order 1982. __
Interested Person Status - Additional Persons
None __
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE MEMBERS AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
1.0 SITE 1.1 The application site forms the curtilage of a parcel of undeveloped land, Field 624255 & 624256, Glen Mona Loop Road, Glen Mona, Ramsey. The site is located on the eastern side of the Glen Mona Loop Road and south east of Glen Mona Village. The site is characterises as an open parcel of land which due to the hillside topography of the area, slopes downwards from the roadside boundary (west) to the rear boundary to the east. The boundaries to either side
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of the site comprises of mature landscaping (trees/hedgerows), which are shared with the neighbouring residential properties Barony View to the north and Fieldhead to the south.
2.0 PROPOSAL 2.1 The application seeks approval in principle for the erection of a dwelling. All matters are reserved; therefore the application is only seeking the principle of a dwelling on this site. An indicative plan has been provided which shows a footprint of a dwelling located centrally in the field 624255 and in line with the two neighbouring properties either side. THE INDICATIVE PLAN SHOWS A NEW DRIVEWAY CONNECTING TO THE EXISTING DRIVEWAY. BOTH 'OVERDALE' AND THE PROPOSED DWELLING WOULD SHARE THE ACCESS ONTO THE BALLEIRA ROAD. It is noted due to the topography of the land the driveway and access of the site is sloping in nature. No details of visibility splays have been provided.
3.0 DEPARTMENT POLICIES 3.1 The application site is allocated as an Areas of High Landscape or Coastal Value and Scenic Significance, not designated for development under the Isle of Man Development Plan 1982. The site is not within a Conservation Area.
3.2 Due to the site location, designation and the type of proposal, the following policies are relevant for consideration:-
3.3 The Spatial Distribution Policies within the Strategic Plan set out the hierarchy of settlements, indicating that Douglas will remain the main employment and service centre for the island, with other towns as supporting service centres. Some large villages are identified as service villages where appropriate increase in employment and housing should be provided to meet local needs. Glen Mona, is classified as not within any of those service villages and consequently Spatial Policy 4 set out that these villages should maintain the existing settlement character and be of an appropriate scale to meet local needs for housing and limited employment opportunities. Area plans will define the development boundaries.
3.4 Spatial Policy 5 states: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3."
3.5 Strategic Policy 2 states: "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."
3.6 Strategic Policy 10 states: "New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement"
3.7 Environmental 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."
3.8 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
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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."
3.9 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 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."
3.10 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 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
3.12 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.
The current standards are set out in Appendix 7."
4.0 PLANNING HISTORY 4.1 The previous planning applications is considered relevant in the assessment and determination of this application;
4.2 Approval in principle to erect a detached dwelling - 09/01067/A - Refused at Appeal for the following reason; "R 1. The application site is not zoned for development and is within an Area of High Landscape Value or Coastal Value and Scenic Significance. Therefore the proposal is contrary
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to both adopted general planning policy within the Isle of Man Strategic Plan and The Isle of Man Development Plan, which seek to restrict such development to appropriate towns and villages. Approval of the planning application would result in unwarranted residential development in the countryside."
4.3 Further, although not on this site, approximately 70 metres to the north of the current application site there was the following applications:
Approval in principle for erection of a dwelling - Land adjacent to Glen Mona Hotel Car Park, Glen Mona, Ramsey - 14/00607/A - Refused for the following reason: "R 1. The erection of a dwelling on the proposed site which is located within an area not designated for development would be contrary to established planning policies aimed at protecting the Manx countryside and directing new residential development to locations that accord with sustainable development principles. For these reasons the proposal would be contrary to Spatial Policy 4, General Policy 3, Environmental Policies 1 & 2 and Housing Policy 4 of the Isle of Man Strategic Plan."
5.0 REPRESENTATIONS 5.1 The Garff Commissioners (received on 14.03.2018) comment that a field gate had been erected at the site (separate enforcement issue); however, it was noted that while the land was zoned for agricultural use it had not been used for such purposes for many years; it was also noted that the Glen Mona Loop Road was subject to 'ribbon type' development; in light of these matters they agreed not to object to the principle of residential use of the lane, subject to a REM application.
5.2 Highways Division have no objection to the application on the following grounds (received on 05.04.2018): "The proposal seeks approval in principle for the erection of a dwelling on vacant land.
It is unclear which matters are to be determined as part of this application as the applicant has not ticked any of the boxes on the application form to specify this. The applicant needs to clarify this for Highway Services to be able to properly assess the proposals.
There is an existing field gate to the site. The position of the site access for the development, with associated highway visibility splays in both directions, is not shown on a scale site plan and therefore it is unclear whether or not suitable access to the site could be achieved. Splays of 2.4m x 25m would be required with no obstructions above 1.05m in height within the splay areas. The site boundary treatment and adjacent railway may impede visibility.
The application states that the development would create an on-site turning area and parking for up to 3 cars. This would be an acceptable level of parking subject to an appropriately designed site layout.
Highway Services requests that the application is deferred to allow the applicant to consider the above."
6.0 ASSESSMENT 6.1 Planning policy seeks to restrict new residential development in the countryside and this is set out in four principles: 1. A presumption against most forms of development within the countryside, to protect it for its own sake; 2. New development is directed towards land which is within the settlement development boundaries of existing settlements; 3. New housing (and urban extensions) should be in accordance with a Settlement Hierarchy and implemented through the Area Plan process; and 4. Highway safety/parking provisions.
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PROTECTION OF THE COUNTRYSIDE 6.2 The application site is not designated for any development under the Isle of Man Development Plan Order 1982. Environment Policy 1 indicates that the countryside and its ecology will be protected for its own sake, 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. Further, Environment Policy 2 states that 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.
6.3 There is an argument to be had that the site could be regarded as an infill development, being located between two existing properties and within a small grouping of 8 existing residential properties along the Glen Mona Loop Road, which form a small satellite settlement of Glen Mona Village to the north west.
6.4 A similar argument was made for a planning application 14/00687/A which also sought approval in principle for erection of a dwelling along the Kella Road in Sulby. The Planning Committee refused the application as the land was not designated for development in an unstainable location. However, the Planning Appeals Inspector considered that while the land was not designated (same designation as current site), he noted that EP 1 "...can allow consideration to be given to proposals in the countryside should which are not strictly in accordance with zoning or other policy requirements."
6.5 He went on to indicate that as this site was once part of a residential property, and had now been surrounded by residential curtilages of two neighbouring properties. He noted that it didn't have any boundary, with fields and open countryside and therefore it was seen and perceived as being part of the residential land of the existing properties, rather than being in 'open countryside'. Further, he noted that there where limited views of the site due to existing densely landscaped gardens of the existing dwellings, together with the heavily treed lane, precluded any long distance views.
6.6 In conclusion he commented that; "I so not consider that the site is perceived as being in the open countryside. Due to its physical position and its enclosed and screened nature and appearance, it is my view that there would be no noticeable adverse visual impact caused by an appropriate dwelling being built on this confined site. I am also satisfied that the quality of the surrounding landscape and the character of the countryside in this part of Sulby would be preserved ad not harmed in any way. I consider that the particular material circumstances in this case can, therefore outweigh the strict policy interpretation."
6.7 It needs to be made extremely clear that every application is judged on its own merits and precedent is not material planning consideration. It should also be noted that a significantly high proportion of applications for new dwellings in the countryside are refused. The above application is useful however, to gain a further understanding of planning policy and where very occasionally exceptions can be made.
6.8 This application has some similarities, i.e. sited between existing residential properties, close to a village and distant views of the site are very limited. However, there is arguably a significant difference, and that is when passing the site (road frontage 47m), clear open views of the site and the beyond countryside are achievable from the adjacent public highway and such views are of a significant quality. A dwelling on this site would likely significantly affect/block such views and therefore this is considered to be a main difference between this site and the site in Sulby, where that site was essentially surrounded by residential properties with substantial landscaping and did not add to the openness of the countryside character or quality. It is considered this site does, and therefore would be contrary to Environment Policy
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1 & 2 in that the development is not of an over-riding national need, which there is no reasonable and acceptable alternative and the development would harm the character and quality of the landscape.
NEW DEVELOPMENT IS DIRECTED TOWARDS LAND WHICH IS WITHIN THE SETTLEMENT DEVELOPMENT BOUNDARIES OF EXISTING SETTLEMENTS 6.9 Spatial Policy 5, Strategic Policy 2 and Housing Policy 4 indicate that direct most new housing development to land within defined settlements, existing towns and villages. An exception to this being land which is identified for development as part of a Group of Houses in the Countryside, a process which is clearly to be carried out as part of the Area Plan Process (paragraph 8.8.3 of the Strategic Plan) and so is not relevant to the determination of individual planning applications in advance of the Area Plan process.
6.10 As noted previously, the site is not allocated for development. It is therefore considered that the proposal is not considered to be within the settlement development boundaries of an existing settlement.
NEW HOUSING (AND URBAN EXTENSIONS) IS DIRECTED IN ACCORDANCE WITH A SETTLEMENT HIERARCHY AND IMPLEMENTED THROUGH THE AREA PLAN PROCESS. 6.11 The Strategic Plan sets out a Settlement Hierarchy with new development to be directed in accordance with its principles. Glen Mona is identified within the Strategic Plan Spatial Policy 4 as a village (and so potentially suitable for developments to meet local housing needs). Spatial Policy 4 states that, "Area Plans will define the development boundaries of such settlements...". As noted above the site is not within land which is zoned for development therefore unless the zoning is changed through the Area Plan process the proposal site should be viewed as a development in the countryside which is outside Glen Mona. Accordingly, the site is not within one of the defined settlements within Spatial Policies 1 to 4. It is therefore contrary to Strategic Policy 2. In support of this view are the comments of the previously Planning Inspector who considered the previously application for a dwelling on this site (09/01067/A), who commented:
"Secondary, the site is away from the built up part of Glen Mona. This small settlement lies north of Glen Mona Hotel. The small broken ribbon of development that runs along the Glen Mona Loop Road containing 6 properties is not part of the built up area of Glen Mona. The appeal site is part of this broken ribbon of development. This ribbon is surrounded by countryside, and itself part of the countryside."
6.12 It is accepted the site is close to Glen Mona and is within walking distance of the Glen Mona Hotel (public house) approximately 180m away and the Dhoon School approximately 615m away; however, the same could be argued for any parcel of land in the vicinity of the village and there this is not an automatic reason to allow the application. Further Glen Mona is not high in the hierarchy of settlements, being in the lowest group. Further there are no shops or services within the Village other than the pub and school. Accordingly, in this rural location outside the settlement boundaries, it is not considered the proposed dwelling would be a sustainable form of development, as it is reasonable to suppose that the vast majority of journeys to and from the proposed dwelling would be made by private car. One of the objectives of the Strategic Policy 10 is to minimise journeys, especially by private car. The proposed development would not do this.
HIGHWAY SAFETY/PARKING PROVISIONS 6.13 Although not details have been provided in terms of access provision or parking provision etc, it is considered visibility splays of 2.4m x 24m could be provided and there is sufficient room within the site to provide two off road parking space and turning provisions. Accordingly, it is not considered the application should be refused on these matters, as the Department is comfortable they could be provided in accordance with Transport Policy 4 & 7.
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7.0 CONCLUSION 7.1 Overall, the purpose of the planning system is to control the use and development of land in the public interest. That requires a consideration of what is most appropriate for the population of the island as a whole. The protection of the Manx countryside from development and the presumption that new housing should be directed to locations consistent with the principles of sustainable development are two of the most important themes running through the Strategic Plan, the purpose of which is to establish a consistent framework within which the public interest can be served by the planning system. When making a planning decision that has permanent consequences (such as the erection of a dwelling as is proposed here) it is also essential to bear in mind that the development sought will endure long after the circumstances of the current applicant have ceased to exist.
7.2 Therefore, this application like the majority of applications the Department receives each year for new dwellings in the countryside, should be refused for being contrary to strict and established planning policy which seeks to protect the countryside from development. Furthermore, it is important; that such development is controlled by the development plan process rather than as ad hoc decisions taken in isolation.
7.3 It is considered that the proposal would be contrary with the relevant planning policies of The Isle of Man Strategic Plan 2016 and the Isle of Man Development Order 1982, for the reasons set out in this report, it is recommended that the application be refused.
8.0 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. __
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Refused Committee Meeting Date: 30.07.2018
Signed : C Balmer Presenting Officer
Further to the decision of the Committee an additional report was required (
YES/NO
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